- Parties "You" and "your" refer to you, as a user of our Products. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses our Products. "We," "us," and "our" refer to Chowwiz, which is wholly owned by Stat Trace, LLC.
- Content "Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with our Products. "User Content" means Content that users submit or transmit to, through, or in connection with our Products. "Chowwiz Content" means Content that we create and make available in connection with our Products. "Third Party Content" means Content that originates from parties other than Chowwiz or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with our Products, including Your Content, User Content, Third Party Content, and Chowwiz Content.
2. Using the Products
- Eligibility You may access or use our Products only if you are 18 years or older, and have the requisite power and authority to enter into these Terms. You may not access or use the Site if you are a competitor of ours or if we have previously banned you from our Products or closed your account. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device (e.g. an iOS or Android app, or a browser bookmarklet). You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
- Permission to use the Products Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products. If you are accessing our Products as an individual, then any and all use must be for your personal, non-commercial use only. If you are accessing our Products on behalf of a business entity, then any and all use must be for such business entity's internal business purposes in connection with the establishment or continuation of a business relationship with Chowwiz. Your use of our Products is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- User Accounts You must create an account and provide certain information about yourself in order to use some of the features that are offered through our Products. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. Your account is for your personal, non-commercial use only. You represent that any information that you provide when creating your Chowwiz account is accurate. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
- Google Maps API Chowwiz uses the Google Maps API to provide you search results. The Chowwiz implementation will modify the search results from Google API by considering Chowwiz's data and may reorder the results. Additionally, some results will show Chowwiz's place rating, while others will show Google place rating (denoted by the text "Google Rating").
You retain all rights in, and are solely responsible for, Your Content. However, you grant Chowwiz the right to use Your Content as part of making Products available for your use.
- Responsibility for your content You alone are responsible for Your Content. You assume all risks associated with Your Content. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content. You may not imply that Your Content is in any way sponsored or endorsed by Chowwiz. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- How Chowwiz and others can use Your Content We may use Your Content in a number of different ways as part of providing the Products and our services, and you hereby irrevocably grant us a perpetual, non-exclusive, royalty-free, assignable, transferable, sublicensable, worldwide license to use Your Content for any such purpose. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
- How long we keep Your Content We will retain full rights to Your Content until such time as you deactivate your account (resulting in all of Your Content being deleted from Our Products), or remove a specific piece of Your Content from Chowwiz. Following termination or deactivation of your account, or if you remove Your Content from Chowwiz, we may retain Your Content for a commercially reasonable period of time for backup, archival, or audit purposes.
- Ownership As between you and Chowwiz, you own Your Content. We own Chowwiz Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with Chowwiz Content and our Products, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any Chowwiz Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to our Products and Chowwiz Content are retained by us.
- Other User Content (including any that may have been created by users employed or contracted by Chowwiz) does not necessarily reflect the opinion of Chowwiz. We reserve the right to remove, modify, or reinstate User Content at our sole discretion for any reason, and without notice to you. For example, we may remove User Content if we believe it violates these Terms or our policies. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
- You agree not to, and will not assist, encourage, or enable others to use our Products to:
- Violate our content guidelines;
- Violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use our Products for commercial purposes, except as expressly authorized by Chowwiz;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate our search results or those on a partner website;
- Solicit personal information from minors, or submit or transmit pornography; or
- Violate any applicable law.
- You also agree not to, and will not assist, encourage, or enable others to:
- Violate the Terms;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Products or Site Content (other than Your Content), except as expressly authorized by Chowwiz;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of our Products or any Site Content;
- Reverse engineer any portion of our Products;
- Remove or modify any copyright, trademark or other proprietary rights notice that appears anywhere throughout our Products;
- Record, process, or mine information about other users;
- Access, retrieve or index any portion of our Products for purposes of constructing or populating a searchable database of product reviews;
- Reformat or frame any portion of our Products;
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Chowwiz’s technology infrastructure or otherwise make excessive traffic demands of our Products;
- Attempt to gain unauthorized access to our Products, user accounts, computer systems or networks connected to our Products through hacking, password mining or any other means;
- Use our Products or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- Use any device, software or routine that interferes with the proper working of our Products, or otherwise attempt to interfere with the proper working of our Products;
- Use our Products to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, our Products or Site Content; or
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of our Products, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of our Products.
We work hard to protect the security of your content and account, however Chowwiz cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
6. Suggestions and feedback
If you choose to submit comments, ideas or feedback to Chowwiz, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Chowwiz does not waive any rights to use similar or related Feedback previously known to Chowwiz, or developed by its employees, or obtained from sources other than you.
7. Third-party links, sites, and services
Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Chowwiz. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from Chowwiz, you do so at your own risk and you agree that Chowwiz will have no liability arising from your use of or access to any third-party website, service, or content.
8. Advertising and Affiliate links
We are able to offer our Products by monetizing them in several ways, for example advertising, sponsored listings, and/or affiliate relationships. However, we will always strive never to allow our monetization efforts to compromise your experience.
You agree to indemnify, defend, and hold Chowwiz, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Chowwiz Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of our Products, (ii) your violation of the Terms, (iii) your breach of any applicable law, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Chowwiz reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Chowwiz. Chowwiz will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Unless otherwise expressly provided in writing, the Products and all included content are provided on an "AS IS" and “AS AVAILABLE” basis without warranty of any kind, whether express or implied, unless expressly otherwise provided.
- DOES NOT GUARANTY ANY SPECIFIC RESULTS IN REGARDS TO THE USE OF THE PRODUCTS;
- DOES NOT GUARANTY THAT INFORMATION, DATA OR OTHER CHOWWIZ CONTENT WILL BE ACCURATE OR ERROR-FREE; AND
- SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHOWWIZ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL CHOWWIZ'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ANY AMOUNTS (IF ANY) THAT YOU PAID TO CHOWWIZ.
For any dispute you have with Chowwiz, you agree to first contact us and attempt to resolve the dispute with us informally. If Chowwiz has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Chowwiz agree otherwise, the arbitration will be conducted in San Diego, CA. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that Chowwiz will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CHOWWIZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14. Governing law and jurisdiction
These Terms shall be governed by the laws of the State of California, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of the state and federal courts located in San Diego, California, for any actions not subject to Section 13 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
15. General terms
- Access and updates to our Products We reserve the right to modify, update, or discontinue our Products at our sole discretion, at any time, for any or no reason, and without notice or liability.
- Changes to terms We may modify the Terms from time to time. You understand and agree that your access to or use of our Products is governed by the Terms effective at the time of your access to or use of our Products. If we make material changes to these Terms, we will notify you by email or via our Products prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.
- Assignment These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Chowwiz without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
- No waiver No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Chowwiz's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.