Terms of Service

GENERAL TERMS OF SERVICE

The Sections below concern terms of service applicable to both Employers and Consumers. If you are an Employer, additional terms governing your use of the Site are set out later in this document under the heading “Employers Terms of Service”.

General Rules of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so You agree not to do any of the following:

• Conduct or promote any illegal activities while using the Site or Services;
•Upload, distribute or print anything that may be harmful to minors;
•Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
•Attempt to gain access to secured portions of the Site to which You do not possess access rights;
•Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
•Use the Site or Services to generate unsolicited email advertisements or spam;
•Use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site and Services; or
•Impersonate another user.

Rules Regarding Information and other Content

When You use the Site and Services, You obtain access to various kinds of information and materials, all of which we call “Content.” For clarity, Content shall include any comment or question entries you post. You agree not to post or use any Content in any manner that:

• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others,
•violates the privacy, publicity, or other rights of third parties,
•is offensive, harassing, discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Letter Grade Consulting in its sole discretion;
•is illegal; or
•is false or inaccurate

Though we strive to enforce these rules with all of our users, You may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at Your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate the terms of this Agreement or the applicable agreement with the offending user(s). We take no responsibility for Your exposure to Content on the Site whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our belief.

Information Provided

The information presented on this website or any associated publications is provided for informational purposes only and is not intended to provide legal advice or establish standards of reasonable behavior. Restaurant operators who develop food safety-related policies and procedures are urged to obtain the advice and guidance from the local Health Authority or legal counsel. Although Letter Grade Consulting makes every attempt to include accurate and current information compiled by sources believed to be reliable, Letter Grade Consulting and its affiliates make no representations or warranties as to the accuracy, currency or completeness of the information. No responsibility is assumed or implied by Letter Grade Consulting and its affiliates for any damage or loss resulting from inaccuracies or omissions or any actions taken or not taken based on the information provided.

Non-Confidentiality and Security

Letter Grade Consulting shall use reasonable efforts to maintain the security and integrity of information You provide to us. However, You acknowledge and agree that Letter Grade Consulting cannot fully eliminate security risks and cannot guarantee that unauthorized access to Your information shall never occur.

If You provide us with any credit card information for payment services through any of our e-commerce offerings, we store such information in an encrypted manner. We have implemented proper controls for and limit access to, and render unreadable prior to discarding, all records containing card account number. We have also taken precautions to ensure that our server and electronic systems are secure from breach or intrusion by unauthorized third parties. Certain information may, however, be disclosed to our third party service providers, such as hosting and credit card processing providers. Our agreements with third party service providers contain security and privacy obligations.

Privacy Policy

We believe that personal privacy issues are important, so we developed a Privacy Policy. For full details, please refer to our Privacy Policy.

Access to website

We reserve the right to change or discontinue the Site or any of the Services at any time without prior notice.

Termination

This Agreement shall automatically terminate, without notice or liability, in the event that You violate any of the terms and conditions set forth in these Terms of Use. In the event of any termination, You shall immediately cease access to the Site and You agree to promptly pay any outstanding fees owed under this Agreement.

Disclaimers of Warranty

LETTER GRADE CONSULTING INC. HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING, THE QUALITY, TRUTH, ACCURACY OR LEGALITY OF THE EXTRA CONTENT POSTED BY OTHERS. THE SITE, SERVICE, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LETTER GRADE CONSULTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND SYSTEM INTEGRATION. LETTER GRADE CONSULTING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, OR THAT PROBLEMS SHALL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO THE SITE.

LETTER GRADE CONSULTING DOES NOT GUARANTEE ANY RESULTS, AND IS NOT RESPONSIBLE FOR ANY DEPARTMENT OF HEALTH (OR ANY OTHER AGENCY) HEALTH INSPECTION. LETTER GRADE CONSULTING DOES NOT OFFER, AND THE SITE IS NOT INTENDED TO OFFER, ANY ADVICE ON LEGAL ISSUES RELATING TO FOOD SAFETY, SANITATION OR HEALTH INSPECTIONS.

Limitations of Liability

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL LETTER GRADE CONSULTING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, NOR LOST PROFITS, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THIS AGREEMENT, INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOST DATA, FAILED HEALTH INSPECTION, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICE, SITE, OR THE CONTENT.

TO THE EXTENT THE LAW PERMITS, YOU RELEASE US FROM ANY CLAIMS OR LIABILITY RELATED TO ANY CONTENT POSTED ON THE SITE AND FROM CLAIMS RELATED TO THE CONDUCT OF ANY OTHER CUSTOMERS OF OURS.

THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT LETTER GRADE CONSULTING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF LETTER GRADE CONSULTING TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, OR (B) ONE HUNDRED DOLLARS (U.S. $100.00).

YOU AGREE TO INDEMNIFY US AGAINST ANY DAMAGES, LIABILITIES OR EXPENSES (SUCH AS REASONABLE ATTORNEYS’ FEES) THAT WE SUFFER IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY CONTENT YOU POST TO THE SITE.

Intellectual Property Issues

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You in this Agreement.

As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site. You grant us a non-exclusive, royalty-free, fully paid, worldwide license, under any and all of Your intellectual property rights related to that Content, to the extent necessary for us to provide the Services (and promote the Services). You also authorize us to sublicense those rights to our contractors who help us provide the Services.

Electronic Communications

The communications between You and Letter Grade Consulting use electronic means, whether You visit the Site or send us emails, or whether Letter Grade Consulting posts notices on the Service or communicates with You via email. For contractual purposes, You (a) consent to receive communications from Letter Grade Consulting in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Letter Grade Consulting provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a writing. The foregoing does not affect Your non-waivable rights. You may also receive a copy of this Agreement by accessing this Site.

Changes to this Agreement

We may change the terms of this Agreement from time to time on a going-forward basis, and any such modifications become effective immediately upon being posted to the Site. It is Your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the Site. Your use of the Site after any modifications to the Agreement indicates that You agree to such modified Agreement.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, which we may withhold in our sole discretion and any attempt by You to do so shall be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be considered a waiver of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. You agree that we may seek equitable relief in any jurisdiction when appropriate. This Agreement and the Privacy Policy constitute the entire and only agreement between You and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings that relate to the subject matter of this Agreement.

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EMPLOYERS TERMS OF SERVICE

The Sections below relate to the terms of service specifically applicable to Employers. If you are not a restaurant employer, the terms governing Your use of the Site are set out in the “General Terms of Service.”

Your Account

You shall need to create an account with Us in order to use the Site. If You choose to create an account with Us, You agree to provide only accurate, complete registration information, and You shall keep that information up-to-date if it changes. Your registration must be completed using Your legal name. Each registration is for the use of the single company or organization on whose behalf You access the Site

Once You register, you will have created a log-in User ID (a “User ID”) and password. With that User ID, you’ll be allowed to assign additional users to access the Site and the Services under Your account. Only those individuals You’ve designated may use or access the Site and the Services on Your behalf.

Individuals and entities who access the Site or use the Services and have previously been terminated by Letter Grade Consulting may not register for an account, nor may You designate any such individuals to use Your account on Your behalf.

Letter Grade Consulting relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site using a User ID that you have designated, we shall rely on that User ID and shall assume that it is really You or Your representative who is accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using Your User ID. Please notify us immediately if You become aware that Your User ID is being used without authorization.

Fees

In consideration for the Services to be provided by Letter Grade Consulting, Employer shall pay Letter Grade Consulting for Services in accordance with the established prices and form of payment as outlined on the site. No refunds shall be issued for partial periods of Services upon termination or cancellation of Services by either party, or for any other reason, except as noted at time of sale.

Cancellation by Employer.

If Employer desires to discontinue Services, Employer shall provide written notice to Letter Grade Consulting thirty (30) days prior to the requested cancellation date.

Suspension and Cancellation.

Letter Grade Consulting may suspend Services under this Agreement upon (i) Employer’s failure to pay any amounts invoiced hereunder; or (ii) Letter Grade Consulting’s determination, in its reasonable discretion, that Employer has used the Services fraudulently, unlawfully or abusively, or (iii) Employer’s credit is denied to Letter Grade Consulting on any periodic charge when Employer is paying on an automated basis. Employer expressly acknowledges that Letter Grade Consulting has the right to cancel any and all Services at any time, without prior notice or liability therefore, for conduct which Letter Grade Consulting, in its sole discretion, determines is in violation of this Agreement or is otherwise harmful to Letter Grade Consulting’s interests or the interests of others. No suspension or cancellation of Services hereunder shall excuse Employer from its payment obligations hereunder.

Marketing

Use of Customer Name and Marks – Company may use Customer’s name/logos in its marketing, including, but not limited to, placing Customer’s name and logo on its website and listing Customer as a client.

Force Majeure

Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God or government, war, terrorism, riots, acts of civil disorder, labor disputes, failure or delay of transportation, or such other causes as are beyond such party’s control (except the payment of money by Employer, which shall not be excused).

Notices

All notices given by any party or required under this Agreement shall be in writing and addressed to the relevant party at the addresses and facsimile numbers set forth in public record. Any such notice shall be deemed given when sent using registered or certified mail.

Assignment

Employer shall not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Letter Grade Consulting.  Any permitted assignment or transfer hereunder shall not relieve Employer of its obligations under this Agreement.