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Terms and Conditions

Please read these Terms and Conditions before using BlackboardEats.com (the "Site"). By using the Site and its applications and/or purchasing or otherwise receiving or using a Passcode, Special, Promotion or other service provided by BlackboardEats LLC (“BBE”), you agree to these Terms and Conditions.

These Terms and Conditions were last updated on November 21, 2013.

1. Privacy Policy


The Site respects your privacy and permits you to control the treatment of your personal information. A complete statement of BBE’s current privacy policy can be found by clicking here. The Site's privacy policy is expressly incorporated into these Terms and Conditions by this reference.

2. Definitions



For purposes herein, these definitions apply:

"Content" means any and all information, data, text, music, sound, photographs, graphics, video, messages or other materials published on the Site, whether created by or submitted to Site.

"Service" means the Site and any service described by, related to or available on or through it.

“Goods” means any goods described by, related to or available on or through the Site.

“Provider” means the seller or Provider of Goods and Services described by, related to or available on or through the Site. BBE is not a Provider. Providers offer Specials and Promotions brought to your attention on the Site in order to build relationships with BBE’s Subscribers.

“Service Charge or Fee” means an amount charged by BBE for bringing Specials, Promotions and other Services to the attention of its Subscribers for use and for issuing Passcodes that permit Subscribers to identify themselves in connection therewith.

3. Accounts


You must create an account to participate in Specials, Promotions or other Services offered on or through the Site. You are solely responsible for the activity in your account so you must keep your account Password secure. You must notify BBE immediately of any security breach or unauthorized use of your account. You may be, and BBE will not be, liable for losses or other consequences caused by any security breach or unauthorized use of your account. You may not permit another to use your account. BBE reserves the right to reject or terminate your account at any time with or without cause.

4. Passcodes



BBE provides its Subscribers with Passcodes which may be used to participate in limited promotions offered by providers of Goods or Services. Although Passcodes for Core Specials and Promotions are ordinarily free, from time to time Subscribers may be required to pay BBE a Service Charge in order to obtain a Passcode. The Service Charge is not payment for Goods or Services; is not refundable; and is not stored value. The Providers of those Goods or Services, and not BBE, are the sellers of the associated Goods and Services and are solely responsible for providing them, their quality, compliance with law, including laws with respect to Expiration Dates and the service of alcoholic beverages, and for redeeming Passcodes. Passcodes may be used only once. After receiving a Passcode, you must contact the Providers of the Goods or Services to make a purchase. Availability may be limited and there is no guaranty that it will be sufficient to meet all Passcodes issued. Passcodes are subject to terms, conditions, limitations and restrictions stated on the Site (the “Rules.”) Rules for specific Passcodes are expressly incorporated by this reference. In the event of a conflict between the Rules and these Terms and Conditions, the Rules shall govern. BBE is not responsible for additional or different terms, conditions, limitations and restrictions that may be imposed by the Providers of Goods and Services. BBE reserves the right to cancel, terminate or alter any Specials, Promotions or other services at any time. Passcodes, Specials and Promotions are not exchangeable, refundable or redeemable in cash unless required by law.

5. VIP or Annual Membership



Subscribers may purchase a VIP Membership. Upon payment of the applicable Service Charge associated with a VIP Membership, Subscribers will be provided with a Permanent Passcode valid for future “Editor’s Pick” Specials made available during the one-year period in which a VIP Membership is active. VIP Membership guarantees a Passcode for all “Editor’s Pick” Specials. VIP Membership perks do not extend to Guide Perks specials, “Partner Pick” specials, “Sponsored Specials” or any Specials that require an upfront payment. VIP Members shall also be entitled to: secure Passcodes for most Specials and Promotions any time prior to their expiration, instead of having to secure Passcodes within the limited time period offered to regular Subscribers; redeem Passcodes for certain Specials for a period of time beyond their expiration as agreed to by participating restaurants; and secure pre-sale access for Special Events. VIP Membership does not provide free access to certain Specials or Events, including, but not limited to those which require payment for something other than BBE's VIP Membership Service Charge. VIP Members shall be entitled to other perquisites provided to them by BBE from time to time. All new VIP perks are valid on Specials moving forward only. VIP Membership guarantees a Passcode for all “Editor’s Pick” Specials, but, as always, it does not guarantee a reservation.

You agree and acknowledge that your VIP Membership will auto-renew for additional one-year periods, and you authorize BBE to charge your debit or credit card the then applicable Service Charge for a VIP Membership each subsequent year unless you cancel it. You may cancel your VIP Membership at any time by going to the "My Account" tab on the Site. Service Charges for VIP Memberships are nonrefundable except as provided in these Terms and Conditions.

6. Payments and Expiration Dates



Each Special or Promotion contains an Expiration Date. The Expiration Dates are imposed by the Providers of Goods and Services. The Providers agree to comply with all rules, regulations and laws related to their Specials and Promotions, including those related to Expiration Dates and Liquor Laws. Notwithstanding stated Expiration Dates, the laws of various states and federal law may require among other things that Providers of associated Goods or Services honor the value or cost of the Special or Promotion after their Expiration dates; or that they not expire prior to a date certain, e.g., prior to 5 years; or that the Providers redeem their unused value or cost in cash or other Goods or Services. The Providers and not BBE are solely responsible for compliance with such laws, including any payment that may be due to Subscribers as a result thereof. BBE does not provide advice, and you must consult with your advisor as to all such legal matters.

Certain Specials and Promotions brought to the attention of Subscribers offer Goods and Services of a defined value, e.g., get $60 “Value” for a “Cost” of $25. These are sometimes referred to as “Sponsored Specials” or “Partner Pick” Specials and contain two elements: the “Promotional Element” and the “Cost Element.” The Promotional Element is the difference between the Value and the Cost of the Special; is not paid for by the Subscriber; and contains no stored value. The Cost Element is purchased from the Provider and is the amount paid by the Subscriber for the Goods and Services offered by the Provider. The Promotional Elements are offered by the Merchants as a reward to encourage Subscribers to visit their places of business (including websites) or purchase their goods and services during the period prior to the Expiration Date stated on the Passcode Confirmation sent to the Subscriber. No payment by the Subscriber is attributed to the Promotional Element. Notwithstanding the Expiration Date Stated on the Passcode Confirmation, the Subscriber will ordinarily be entitled to redeem the Cost of the Special for Goods and Services from the Provider equal to that amount for a period of five years from the date of issuance of the Passcode Confirmation, or such longer period as is provided by law. However, the Promotional Element will expire on the date Stated on the Passcode Confirmation, and after the Expiration Date, the Passcodes will be of no value and will not be redeemable in any form or matter.

Certain BBE Specials offer Goods and Services as a Promotion of the Merchants for which Subscribers do not make payment. These are sometimes referred to as a “Editor’s Pick” Specials. These Specials usually entitle the Subscriber to a percentage off on their purchases and ordinarily do not involve a specific value of Goods or Services. These Promotions only contain a Promotion Element; are not paid for by the Subscriber; contain no stored value; and are offered by the Merchants as a reward to encourage Subscribers to visit their places of business (including websites) or purchase their Goods or Services during the period prior to the Expiration Date stated on the Passcode Confirmation sent to the Subscriber. These Promotions expire on the date Stated on the Passcode Confirmation, and after the Expiration Date, the Passcodes will be of no value and will not be redeemable in any form or matter.

Certain BBE Specials and Promotions are redeemable for admission to Special Events at particular locations for the purpose of obtaining Goods or Services at the event or for certain one-time offers, and for no other purpose. These events and offers are Promotions and payments made for Passcodes to these events and offers are not stored value; are not redeemable in cash or for any other purpose; are not refundable; and they expire right after the event is over.

Passcodes issued for Specials and Promotions are not transferrable, may be used one time only; cannot be combined with other Passcodes; can be used only for the Goods and Services stated in the therein; cannot be used for taxes, tips, shipping, handling or other related charges or matters. If a Passcode is redeemed for less than the Cost, the Merchant may allow for continued redemption if required by law.

In the event that a Merchant refuses to honor a Passcode for a Special or Promotion without cause or contrary to law or these terms and conditions, the Subscriber’s recourse is only against the Merchant and BBE will not have any responsibility. In no event will BBE have liability beyond refunding what has been paid by a Subscriber for a Passcode not in cash, but in the form of credit for future Passcodes. To receive such credit BBE has discretion to require the Subscriber to provide written details and circumstances regarding the refusal.

If you purchase any Goods or Services or obtain a Passcode or other service for a Charge or other fee on or through the Site, either on a one-time or Annual Membership basis, you agree to allow Braintree, or such other processor that BBE selects, to store your debit or credit card information for subsequent purchases. In the event you fail to make a timely payment, you will be responsible for all expenses, charges and penalties (including attorney’s fees) incurred by BBE by reason of your failure to pay, and in collecting such amounts.

7. Use of the Content



The Content on the Site is intended for entertainment purposes only. Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content of the Site. You publish, display or commercially exploit material from the Site only if you have BBE’s written consent which may be rescinded.

8. Third Party Websites


Through the Site you may be able to link to third parties' websites. Linked sites are not reviewed, controlled, or examined by BBE in any way and BBE is not responsible for their content. These links do not imply BBE’s endorsement of or association with the linked sites. In no event shall BBE be liable directly or indirectly to anyone for any loss or damage arising from or occasioned by their use, or the information or material accessed through linked sites.

9. Intellectual Property Rights


As between BBE and you, BBE is the sole owner of all Content on the Site, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other associated intellectual property rights. Except as otherwise specifically provided herein, you may not download or save a copy of the Site or any portion thereof for any purpose. You may print a copy of individual screens appearing on the Site solely for your personal, noncommercial use or records, provided that any marks, logos or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of such screens. All title and intellectual property rights in and to the content of linked sites are the property of their content owners and may be protected by copyright or other intellectual property laws.

10. Disclaimer of Warranties


The Site provides you with helpful information and reviews pertaining to restaurants and other Goods and Services. By using the Site, you acknowledge that all Content posted, whether in the form of reviews of restaurants or other Goods and Services, opinions, or otherwise, is the author's opinion. Under no circumstances can you hold BBE liable for any consequences whatsoever that result from the advice or opinions expressed on the Site or purchasing or using any Goods or Services. BBE DOES NOT MAKE ANY, AND DISCLAIMS ANY AND ALL PROMISES, IMPLIED OR EXPRESS WARRANTIES, OR GUARANTEES OF ANY NATURE WITH RESPECT TO ANY CONTENT ON THE SITE OR ITS AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, OR TIMELINESS.

THE SITE AND ALL GOODS AND SERVICES INTRODUCED, MADE AVAILABLE OR OFFERED ON OR THROUGH IT ARE PROVIDED "AS IS," "WHERE IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BBE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES RELATED TO: TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BBE DOES NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SITE OR SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO IT WILL BE UNINTERRUPTED OR ERROR-FREE. BBE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF USING THE CONTENT, PROMOTIONS, SPECIALS, OTHER SERVICES, PASSCODES OR RELATED GOODS OR SERVICES.

11. Limitation of Liability


IN NO EVENT WILL BBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY “BBE”), BE LIABLE TO ANY PARTY (1) FOR ANY INJURY, LOSS, CLAIM, LIABILITIES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF BBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (2) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SITE OR GOODS OR SERVICES PROVIDED ON IT INCLUDING FAILURES IN PERFORMANCE BY THEIR PROVIDERS. IN NO EVENT SHALL THE AMOUNT OF ANY SUCH LIABILITY EXCEED THE AMOUNT OF SERVICE CHARGES OR FEES PAID BY A COMPLAINING PARTY TO BBE DURING 6 MONTHS PRIOR TO BRINGING A CLAIM.

12. Severability and Miscellaneous


If any part of these Terms and Conditions are held invalid or unenforceable, they shall be reformed or otherwise construed consistently with applicable law to reflect, as nearly as possible, their original import, and the remaining portions shall remain in full force and effect. These Terms and Conditions are the entire agreement between Subscriber and BBE; no portion may be modified or waived without a writing executed by BBE in favor of a particular Subscriber; and no provisions hereunder are assignable.

13. Applicable Laws and Exclusive Jurisdiction


You agree that the laws of the State of California, including its conflicts of law rules, shall govern these Terms and Conditions except Expiration Dates will be governed by local law. You expressly agree that exclusive jurisdiction for any claim or dispute with BBE resides only in the courts located in the State of California, County of Los Angeles, and you further agree and expressly consent to the exercise of personal jurisdiction in said courts in connection therewith. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BBE’S ACTS OR OMISSIONS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER IT ACCRUES, OTHERWISE IT IS PERMANENTLY BARRED.

14. Capacity and Integration


You affirm that you are at least 18 years of age and are fully able and competent to enter into, and comply with these Terms and Conditions. If you are under 18 years of age, do not use the Site. It is not intended for you. Except as supplemented or modified by specific Specials, Promotions or other services, these Terms and Conditions constitute the entire agreement between you and BBE relating to the subject matter hereof, supersede all prior agreements and may not be modified without a writing executed by you and BBE. Any inquiries concerning these Terms and Conditions should be directed to: info@blackboardeats.com

These Terms and Conditions may be updated and modified from time to time effective immediately upon posting on the Site. Subscribers continued use of the Site constitutes acceptance to the new Terms and Conditions. It is Subscriber’s responsibility to re-read them from time to time to stay informed of any changes. Subscriber must stop using the Site unless you agree to such changes. In such event a proportional share of any VIP Membership paid will be refunded.

BlackboardEats, LLC
2554 Lincoln Blvd., #352
Venice, CA 90291
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