Terms of Use of EquityEats (“EquityEats”, “we” or “us”)

By accessing or using our website, www.equityeats.com and websites powered by EquityEats, including www.prequeldc.com and any subdomain thereof ("EquityEats.com"), you acknowledge that you have read, understand and agree to be bound by these terms of use ("Terms of Use"), regardless of whether you invest in an offering. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of EquityEats.com or related services offered by us or others. As used herein, "Users" means anyone who accesses or uses EquityEats.com.

Amendments to Terms of Use

We reserve the right to modify these Terms of Use at any time in our sole discretion. Any changes to these Terms of Use will become effective immediately upon the posting thereof. Please regularly review these Terms of Use to keep yourself apprised of any changes. Your continued use of EquityEats.com following the posting of changes will constitute your acceptance of the revised Terms of Use.

Investor Eligibility

Registered investors must be U.S. residents who are 18 years of age or older or entities domiciled in the US. Children under the age of 18 are not eligible to invest on EquityEats.com.

Registration and Account Security

In consideration of your use of EquityEats.com, you agree (a) that when required to provide information about yourself, you will provide accurate, current and complete information, (b) to keep your password secure, (c) to update any information provided by you to us in order to keep it accurate, current and complete, and (d) to be fully responsible for all use of your account and for any actions that take place using your account.

Intellectual Property Rights

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content"), other than User Content (as defined below), are the property of EquityEats and/or its subsidiaries, affiliates, assigns, licensors, vendors, partners or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright laws. No Content (other than your own User Content) may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcast or circulated to any third party without our express prior written consent.

Use License

You are hereby granted a limited license to access and use the EquityEats.com website for personal, non-commercial transitory viewing only. Under this license, you may not:

  • modify or copy the Content except as expressly permitted hereby;
  • use the Content for any commercial purpose or any public display;
  • attempt to decompile or reverse engineer any software contained on EquityEats.com;
  • remove any copyright or other proprietary notations from the Content; or
  • transfer the Content to another person or "mirror" the Content on any other server.

This license shall automatically terminate if you violate any of the above restrictions. We may terminate this license for any reason at our sole discretion.

Trademarks

"EquityEats" and its logo (collectively, "EquityEats Trademarks") constitute our trademarks or service marks. Other company, product, and service names and logos used and displayed on EquityEats.com may be trademarks or service marks owned by us or others. You may not use, copy, display, distribute, modify or reproduce any of the trademarks or service marks found on EquityEats.com unless in accordance with written authorization by us. The use of any of the EquityEats Trademarks as part of a link to or from any site is prohibited unless we provide advance written approval. Any questions concerning any EquityEats Trademarks, or whether any mark or logo is an EquityEats Trademark, should be referred to us.

User Content Agreement

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you on EquityEats,com will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material. You further agree not to use electronic or other means to collect email addresses or other contact information of Users for the purposes of sending unsolicited communications. Additionally, you agree not to create any automated user-generated content, use automated scripts to collect information from EquityEats.com or for any other purpose. You further agree that you may not use EquityEats in any unlawful manner or in any other manner that could damage, disable, overburden or impair EqutyEats.com.

In addition, you agree not to use EquityEats.com to:

  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • register for more than one User account or register for a User account on behalf of an individual other than yourself;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your identity, your age or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters" or any other form of solicitation;
  • except as may be permitted under separate terms and conditions of use, upload, post, transmit, share, store or otherwise make publicly available on EquityEats.com any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers or bank account details;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another User;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • use or attempt to use another's account, service or system without our authorization; or
  • upload, post, transmit, share, store or otherwise make available content that, in our judgment, is objectionable or restricts or inhibits any other person from using or enjoying the Site, or which may expose us or any User to any harm or liability of any type.

User Content Posted on EquityEats.com

You are solely responsible for the content that you post on EquityEats.com or transmit to or share with other Users ("User Content"). You understand and agree that we may, but are not obligated to, review and delete or remove (without notice) any User Content at our sole discretion, including without limitation, User Content that in our judgment violates these Terms of Use, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of EquityEats.com, you are deemed to grant to us, and you represent and warrant that you have the right to grant, an irrevocable, perpetual, non-exclusive, transferable, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with EquityEats.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from EquityEats.com at any time. However, if you choose to remove your User Content, the license granted above will not expire.

Links to Third Party Websites

From time to time EquityEats.com may contain links to websites that are controlled, owned or operated by third parties ("third-party sites"). We take no responsibility for any information, or its availability provided on third-party sites. You acknowledge and agree that your use of any third-party sites is governed by the terms of use for those websites, and not by these Terms of Use. We do not endorse any third-party sites that have links on EquityEats.com or any products or services offered by such sites. We provide the links for your convenience and you access them at your own risk. Any third-party sites may have substantially different privacy policies and be less secure than our own, we are not responsible for the content of any third-party sites, nor do we make any representation or warranty, express or implied, regarding the content on any third- party site, and we shall have no liability of any nature whatsoever for any failure of products or services offered or advertised on such sites or otherwise.

Copyright Complaints

If you are the owner or controller of any copyright that you believe is being infringed by material on EquityEats.com, you may send a written notification under the Digital Millennium Copyright Act (via mail or email) of such infringement to EquityEats’ Designated Agent to the following address:

Attn: Compliance Officer
EquityEats, Inc.
1300 N St NW, Apt 405, Washington, DC 20005
Or email: compliance@equityeats.com

The notice must meet the notice requirements under the Digital Millennium Copyright Act. In accordance with the Digital Millennium Copyright Act and other applicable law, EquityEats has a policy of terminating, at its sole discretion, the registrations of Users who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to EquityEats.com afforded to any Users who infringe intellectual property rights of others.

Use of Personally Identifiable Information

Please see our Privacy Policy.

Disclaimer of Warranties

WE DO NOT GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT, AND WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.

EQUITYEATS.COM AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE OUTCOME OF YOUR USE OF THE CONTENT. WE DO NOT WARRANT THAT EQUITYEATS.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

WE MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AND EQUITYEATS.COM AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND WE DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. WE RESERVE THE RIGHT TO TERMINATE ANY OR ALL EQUITYEATS.COM OFFERINGS OR RELATED TRANSACTIONS WITHOUT PRIOR NOTICE TO YOU. EQUITYEATS.COM COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF EQUITYEATS.COM IS AT YOUR OWN RISK.

Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES NOR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, NOR ANY THIRD-PARTY PROVIDERS TO THE SITE, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF EQUITYEATS.COM, OR WITH A USER'S DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH EQUITYEATS.COM, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, FEDERAL OR STATE SECURITIES LAWS, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

Indemnification

You agree to indemnify and hold EquityEats, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content you post or share on or through EquityEats.com, your use of EquityEats.com, your conduct in connection with EquityEats.com or with other Users of EquityEats.com, or any violation of these Terms of Use or of any law or the rights of any third party.

Consent to Electronic Disclosures

EquityEats can only give you the benefits of our service by conducting most of our business through the Internet. By agreeing to these Terms of Use you hereby consent to do business and receive all disclosures, notices, documents and information, including Schedule K-1s, ("Communications") from us in relation to all of your interactions and transactions on EquityEats.com electronically by e-mail or at EquityEats.com and acknowledge that this agreement satisfies Revenue Procedure 2012-17 which requires affirmative consent to electronic delivery of Schedule K-1s.

To access and retain the Communications electronically, you will need to use a computer with Internet Explorer 7.0 or above, Firefox 3.0 or above, Google Chrome or similar software, Adobe Acrobat and hardware capable of running this software. By agreeing to these Terms of Use you hereby acknowledge that you can access the electronic Communications in these formats.

You may withdraw your consent to receive Communications electronically by contacting us via email at support@equityeats.com with the subject heading “Electronic Disclosures”. The withdrawal of your consent will not affect the legal validity and enforceability of any pending investments you may have on EquityEats.com, or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent.

You may also elect to receive paper copies of any Communications by contacting us at the email address stated above.

Please keep us informed of any changes in your email or mailing address so that you continue to receive all Communications without interruption.

Governing Law; Venue

These Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Delaware without regard to conflict-of-laws principles, and jurisdiction for any court action will be in Washington, District of Columbia. Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Washington, District of Columbia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Availability

EquityEats.com is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to applicable law or regulation. By offering EquityEats.com and Content, we make no distribution or solicitation to any person to use EquityEats.com or Content in jurisdictions where the provision of EquityEats.com and/or Content is prohibited by law.

Other Agreements

These Terms of Use shall be subject to any other agreements you have entered into with us.

Additional Terms

Certain sections or pages on EquityEats.com may contain separate terms and conditions of use, which are in addition to the terms and conditions of these Terms of Use. In the event of a conflict, those additional terms and conditions will govern for those sections or pages of EquityEats.com.

General Provisions

If any provision of these Terms of Use is found to be invalid or unenforceable, the provisions shall be enforced to the fullest extent possible, and the remaining provisions of these Terms of Use shall remain in full force and effect. These Terms of Use supersede any previous Terms of Use to which you and we may have been bound. These Terms of Use will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall be deemed to modify any provision of these Terms of Use. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

F&B Credit Terms

Food credits certificates (“Food Credits”) combine two separate portions that make up the Food Credit: (i) a paid portion equal to the amount you paid for the Food Credit (the "Paid Portion"); and (ii) at no additional charge to you, a promotional portion that comprises of time-sensitive promotional credit that is allotted each year the restaurant is in business to be used by the promotional expiration dates (the "Promotional Portion").

PAID VALUE EXPIRES 5 YEARS AFTER PURCHASE

PROMOTIONAL VALUE EXPIRES 365 DAYS AFTER EACH ALLOTMENT OF PROMOTIONAL CREDIT

Food Credits may be redeemed over several visits to the restaurant for which they are purchased for (the “Restaurant”), purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.

  • Food Credits are not redeemable for cash.
  • Use of a Food Credit for alcoholic beverages is at the sole discretion of the Restaurant in accordance with applicable law.
  • Food Credits cannot be combined with any other coupons or promotions.
  • Food Credits cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
  • Duplicate use, sale or trade of Food Credit is prohibited.
  • Unless otherwise stated therein, the Food Credit price does not include sales, value-added or use taxes, which may be charged to you separately by Prequel at the time you redeem the Food Credit.
  • The Promotional Portion of the Food Credit will always expire on the date stated. If the Restaurant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Food Credit will expire five (5) years from the date that the Food Credit was issued. In some states, the law may require the Restaurant to honor the Paid Portion of the Food Credit beyond five years, in which case the Paid Portion of the Food Credit will expire in accordance with the applicable law.

The Restaurant is the issuer of the Food Credit and is solely responsible for redeeming the Food Credit. The Restaurant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Food Credit or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Food Credits. Unless otherwise indicated, EquityEats is solely the marketer of the Restaurant’s goods or services, and may from time to time engage third parties or affiliates to administer Food Credit management on behalf of Restaurants. You hereby irrevocably waive all rights related to, and release EquityEats and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Restaurant in connection with your use of a Food Credit or the products and/or services it provides in connection with it.

- See more at: https://www.equityeats.com/terms#sthash.xaciJ1MF.dpuf