AGREEMENT BETWEEN USER AND KUHNSOFT, LLC (DBA FOODTRUCK.PUB / FOOD TRUCK PUB)
The Food Truck Pub Web Site is comprised of various Web pages operated by Food Truck Pub (KUHNSOFT, LLC).
The Food Truck Pub Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Food Truck Pub Web Site constitutes your agreement to all such terms, conditions, and notices.
Food Truck Pub reserves the right to change the terms, conditions, and notices under which the Food Truck Pub Web Site is offered, including but not limited to the charges associated with the use of the Food Truck Pub Web Site.
Food Truck Pub offers this free food truck ordering system on our web site and our 'Apps' for iOS and Android free of charge for Food Truck Owners. We simply charge a small $1.00 fee per order as a convenience fee anytime a customer places an order with you. This charge is paid by the customer and not the food truck owner. There is nothing to hide and it is clear as day on their order total and subtotal that they will be charged the convenience fee. This fee is added onto the cost of the order and is transferred directly to the Food Truck Pub Square or PayPal account (KuhnSoft, LLC). For example, a $10.00 food order will be added on a $1.00 convenience fee for a total of $11.00 that the customer pays. $10.00 (plus any taxes you have configured) arrives into your Square or PayPal account and then $1.00 is transferred to our Food Truck Pub account. This fee is subject to change at any time as well as any fees that Square or PayPal charges are not our responsibility and are not under the control of Food Truck Pub. It should be known that the truck may be responsible for the credit card rate on the $1.00 convenience fee. Typically may cost you around 2.9 cents based on your rate through processors such as Square. Any convenience fee sent to Food Truck Pub are FINAL at the time the order is placed and no refunds of our convenience fee will be made to the customer if they happen to call you and/or cancel their food order with you. Customers will see any convenience fee amount before they agree and place their order. By signing up as a Food Truck Owner, you are agreeing to allow us to charge your customers a convenience fee when orders are placed. You are also agreeing to allow us to take a parallel payment with you through Square or PayPal so that we can collect our fee. You are also agreeing to any fees or credit card charges that Square or PayPal must impose and these can change over time. As a customer, you are agreeing to pay the convenience fee and not hold FoodTruckPub/KuhnSoft, LLC accountable for any missing orders or for placing orders that for whatever reason cannot be fulfilled or even if you cancel your order.
In some cases, Food Truck Pub offers profit sharing to businesses such as Food Truck Associations as well as Brick and Mortar buildings that frequently bring in food trucks such as Brew Pubs. We can also offer it to food trucks that refer their fellow food trucks. The profit sharing rate is always subject to change (currently is $0.20 per order) and there can be certain circumstances when the profit sharing amount will need to get split between one or more parties. As an example, if a Food Truck Association is linked to a particular food truck, but then that same food truck has food orders places at a Brick and Mortar business such as a Brew Pub that has also signed up for profit sharing. In this situation, both the Food Truck Association as well as the Brew Pub would end up having their amount split 50/50. Electronic payments take place at the beginning of each month, for the accrued amounts in the previous month, as long as a minimum amount of $5.00 was accumulated (money does not roll over to the following month), and as long as you are also ACTIVELY using Food Truck Pub (if you are in fact a food truck yourself). We reserve the right to determine if you are actively using Food Truck Pub before paying you out on the basis of OTHER food trucks' activity. (This statement only applies if you're a food truck as opposed to an Association or brew pub). We will do our best to get these payments sent out in a reasonable amount of time but cannot be held liable for them reaching you late at times due to unforeseen circumstances. Your accrued amount is good for 30 days and does not carry over to the following month. (We cannot have the same situation as when you held onto all of the birthday cards your grandma gave you as a kid and then tried to cash them all at once and bankrupt us!) If you have not provided an electronics means to pay you (PayPal or Venmo are the mechanisms accepted and can be setup on your Profit Sharing Dashboard), then your payment is forfeighted by the start of the 1st day of the following month. We reserve the right to change or alter our profit sharing payouts at any time as well as set minimum or maximum payouts. Profit Sharing is considered an appreciative step that we have taken to help thank you for referring trucks to our system. If you own multiple food trucks yourself, we do not allow the linking of one of your trucks underneath the other one for profit sharing purposes. Profit sharing is meant to be for you referring other truckers to the system.
Food Truck Pub has the right to purge data in the system periodically as needed in order to recover disk space. We also have the right to terminate or disable your account at any time if we feel it is no longer being utilized or if you fail to properly fulfill your customer orders as they arrive to you or you fail to keep your correct food truck location updated on the map to show your proper geographic location.Upon service cancellation, your data will be purged and become inaccessible. Food Truck Pub reserves the right to alter settings and appearance of our system contained within the FoodTruck.pub domain and our 'Apps'. Screens, look and feel, and functionality may be changed at our discretion and in order to provide continuous enhancements to our systems and to our functionality. We will not ever sell your data or pin you up against your competitors... stuff like that just isn't nice. We like food and we like food trucks so we want to keep you happy! By the way... you need internet connectivity such as through some type of device such as a SmartPhone or Computer (android, iphone, tablet, ipad, PC, laptop) to be able to use our product and check and monitor your orders. We cannot be held responsible for your internet connectivity issues or for any data charges you incur while using our software. We also need to store cookies on your computer so we can remember who you are and prefill information for you as well as making ordering much easier on you! Don't worry, they're encrypted when they are passed from you to us over SSL.
LINKS TO THIRD PARTY SITES
The Food Truck Pub Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Food Truck Pub and Food Truck Pub is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Food Truck Pub is not responsible for webcasting or any other form of transmission received from any Linked Site. Food Truck Pub is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Food Truck Pub of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Food Truck Pub Web Site, you warrant to Food Truck Pub that you will not use the Food Truck Pub Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Food Truck Pub Web Site in any manner which could damage, disable, overburden, or impair the Food Truck Pub Web Site or interfere with any other party's use and enjoyment of the Food Truck Pub Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Food Truck Pub Web Sites.
USE OF COMMUNICATION SERVICES
The Food Truck Pub Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Food Truck Pub has no obligation to monitor the Communication Services. However, Food Truck Pub reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Food Truck Pub reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Food Truck Pub reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Food Truck Pub's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Food Truck Pub does not control or endorse the content, messages or information found in any Communication Service and, therefore, Food Truck Pub specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Food Truck Pub spokespersons, and their views do not necessarily reflect those of Food Truck Pub.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Food Truck Pub OR POSTED AT ANY Food Truck Pub WEB SITE
Food Truck Pub does not claim ownership of the materials you provide to Food Truck Pub (including feedback and suggestions) or post, upload, input or submit to any Food Truck Pub Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Food Truck Pub, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Food Truck Pub is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Food Truck Pub's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Food Truck Pub WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Food Truck Pub AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Food Truck Pub WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Food Truck Pub WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Food Truck Pub AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Food Truck Pub WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Food Truck Pub AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Food Truck Pub reserves the right, in its sole discretion, to terminate your access to the Food Truck Pub Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Food Truck Pub Web Site. Use of the Food Truck Pub Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Food Truck Pub as a result of this agreement or use of the Food Truck Pub Web Site. Food Truck Pub's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Food Truck Pub's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Food Truck Pub Web Site or information provided to or gathered by Food Truck Pub with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Food Truck Pub with respect to the Food Truck Pub Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Food Truck Pub with respect to the Food Truck Pub Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Food Truck Pub Web Site are: Copyright 2020 Kuhnsoft, LLC and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
KUHNSOFT, LLC (DBA FOODTRUCK.PUB / FOOD TRUCK PUB) is committed to protecting your privacy and developing technology
that gives you the most powerful and safe online experience. This Statement of Privacy
applies to the Food Truck Pub site and governs data collection and usage.
By using the Food Truck Pub site, you consent to the data practices described
in this statement.
COLLECTION OF YOUR PERSONAL INFORMATION
Food Truck Pub collects personally identifiable information, such as your email
address, name, home or work address or telephone number to make the free food truck ordering system work properly.
There is also information about your computer hardware and software that is automatically
collected by Food Truck Pub. This information can include: your IP address,
browser type, domain names, access times, referring website addresses, as well as location data so we can find and locate food trucks properly. This
information is used by Food Truck Pub for the operation of the service, to
maintain quality of the service, and to provide general statistics regarding use
of the Food Truck Pub site.
Please keep in mind that if you directly disclose personally identifiable information
or personally sensitive data through Food Truck Pub,
this information may be collected and used by others.
Food Truck Pub encourages you to review the privacy statements of Web sites
you choose to link to from Food Truck Pub so that you can understand how those
Web sites collect, use and share your information. Food Truck Pub is not responsible
for the privacy statements or other content on Web sites outside of the Food Truck Pub
and Food Truck Pub family of Web sites.
USE OF YOUR PERSONAL INFORMATION
Food Truck Pub collects and uses your personal information to operate the Food Truck Pub
Web site and deliver the services you have requested. Food Truck Pub also uses
your personally identifiable information to inform you of other products or services
available from Food Truck Pub and its affiliates. Food Truck Pub may also
contact you via surveys to conduct research about your opinion of current services
or of potential new services that may be offered.
Food Truck Pub does not sell, rent or lease your 'customers' or 'customer lists' to third parties.
Food Truck Pub may, from time to time, contact you on behalf of external business
partners about a particular offering that may be of interest to you and communicate with you about
value added offerings. In addition, Food Truck Pub
may share data with trusted partners to help integrate with value-add services to
provide additional functionality and benefit to food trucks using our platform.
You may choose not to use these other like/similar services and may email us to have
your data removed from these other services if you choose not to use them or they do
not benefit you. We may also share data to help us perform statistical analysis, send
you email or postal mail, provide customer support, or arrange for deliveries. All
such third parties are prohibited from using your personal information except to
provide these services to Food Truck Pub, and they are required to maintain
the confidentiality of your information.
Food Truck Pub does not use or disclose sensitive personal information, such
as race, religion, or political affiliations, without your explicit consent.
Food Truck Pub keeps track of the Web sites and pages our customers visit within
Food Truck Pub, in order to determine what Food Truck Pub services are
the most popular. This data is used to deliver customized content and advertising
within Food Truck Pub to customers whose behavior indicates that they are interested
in a particular subject area.
Food Truck Pub Web sites will disclose your personal information, without notice,
only if required to do so by law or in the good faith belief that such action is
necessary to: (a) conform to the edicts of the law or comply with legal process
served on Food Truck Pub or the site; (b) protect and defend the rights or
property of Food Truck Pub; and, (c) act under exigent circumstances to protect
the personal safety of users of Food Truck Pub, or the public.
The Food Truck Pub Web site use "cookies" to help you personalize your online
experience. A cookie is a text file that is placed on your hard disk by a Web page
server. Cookies cannot be used to run programs or deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a web server in the
domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save
you time. The purpose of a cookie is to tell the Web server that you have returned
to a specific page. For example, if you personalize Food Truck Pub pages, or
register with Food Truck Pub site or services, a cookie helps Food Truck Pub
to recall your specific information on subsequent visits. This simplifies the process
of recording your personal information, such as billing addresses, shipping addresses,
and so on. When you return to the same Food Truck Pub Web site, the information
you previously provided can be retrieved, so you can easily use the Food Truck Pub
features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically
accept cookies, but you can usually modify your browser setting to decline cookies
if you prefer. If you choose to decline cookies, you may not be able to fully experience
the interactive features of the Food Truck Pub services or Web sites you visit.
SECURITY OF YOUR PERSONAL INFORMATION
Food Truck Pub secures your personal information from unauthorized access,
use or disclosure. Food Truck Pub secures the personally identifiable information
you provide on computer servers in a controlled, secure environment, protected from
unauthorized access, use or disclosure. When personal information (such as a credit
card number) is transmitted to other Web sites, it is protected through the use
of encryption, such as the Secure Socket Layer (SSL) protocol.
CHANGES TO THIS STATEMENT
Food Truck Pub will occasionally update this Statement of Privacy to reflect
company and customer feedback. Food Truck Pub encourages you to periodically
review this Statement to be informed of how Food Truck Pub is protecting your
Food Truck Pub welcomes your comments regarding this Statement of Privacy.
If you believe that Food Truck Pub has not adhered to this Statement, please
contact Food Truck Pub at info@FoodTruck.pub.
We will use commercially reasonable efforts to promptly determine and remedy the