LIFoodies | Subscriber Terms of Use

Last updated December 2009

Thank you for visiting our site at www.LIFoodies.com ("Website"). Use and access of this Website, and the text message
services described below (the "Service"), is subject to these terms and conditions of use (the "Terms") as well as our
Privacy Policy.

** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS WEBSITE BY CLOSING
YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING LIFOODIES.COM WITH THE "USAGE
POLICY" TERMS DESCRIBED BELOW, DO NOT UTILIZE THE SERVICE PROVIDED BY LIFOODIES.COM. **

Overview
LIFoodies.com's acceptance of your registration for the use of the Service is expressly conditioned upon your assent to
these Terms, and your use of this Website, as well as registration for, and use of, the Service represents your implicit
acceptance and consent to be bound by these Terms. Please read these Terms carefully. As noted below, LIFoodies.com
reserves the right to modify and update these Terms, from time to time, by posting any such new or modified Terms to the
Website.

Services described in the Website may or may not be available in all countries or regions of the world, may be available
under different trademarks in different countries and, where applicable, may be approved or cleared by a government
regulatory body for sale or use with different indications and restrictions in different countries.

The Service
The Service consists of one or more of the following: a web-based interface, access to incoming telephone number or
keywords, messaging applications, SMS gateway access, data encryption, data transmission, data access, data storage
and, if applicable, synchronization software. We provide MT outbound messages through different routes, and the level of
reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining
all computer hardware, software and communications equipment needed to access the Service, and for paying all access
charges (e.g. ISP, telecommunications) incurred while using the Service.

LIFoodies.com only provides that the text messages sent by our restaurant clients through the Service are processed
correctly and delivered to the applicable network. LIFoodies.com is not responsible for the final delivery of the message or
broadcast, as this is out of our control and is the responsibility of the cell telephone operator. LIFoodies.com sends and
receives text messages via major telecommunications companies and mobile network operators, and thus LIFoodies.com's
influence over the timing of the transmission of your messages is within the technical constraints imposed upon
LIFoodies.com. While LIFoodies.com shall use commercially reasonable efforts to deliver messages to the applicable
network for final delivery to you as fast as possible, we cannot commit to, and do not guarantee, a specific maximum
delivery time. Such times depend on various network and system-related factors among the various entities involved in the
transportation of your messages and broadcasts across the mobile telephone network. You should know that mobile
network operators assign text messages with a default lifetime and any message that cannot be delivered successfully
within the lifetime assigned to it will be discarded by the mobile network operator without any notice. LIFoodies.com is not
liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or
other loss resulting from delivery failure cannot be claimed from LIFoodies.com for any such non-deliveries. Furthermore,
you agree that message and broadcast contents are deemed to have zero value.

Usage Policy
You represent and warrant that you have consented or have opted-in to the receipt of LIFoodies messages and broadcasts.
You agree that LIFoodies.com is, under no circumstances, responsible for the content and/or accuracy of the restaurant
messages or broadcasts and LIFoodies.com is not be liable for any misuse of the Service by such restaurant clients.
LIFoodies.com is not responsible for the views and opinions contained in any of its clients' messages or broadcasts.

No Warranty; Limitation of Liability
LIFoodies.com shall use commercially reasonable efforts to make access to the Service available through the required
access protocols, but makes no warranty or guarantee that (i) the Service will be available at any particular time; or (ii) you
will be able to access the Service at any particular time or from any particular location. LIFoodies.com will not be liable for
any act or omission of any other company or companies furnishing a portion of the Service (including, without limitation
wireless carriers), or from any act or omission of a third party, including those restaurants participating in LIFoodies.com,
or for equipment that it does not furnish, or for damages that result from the operation of restaurant-provided systems,
equipment, facilities or services that are interconnected with the Service.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE ARE PROVIDED "AS
IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED.
NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS,
LIFOODIES.COM DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR
THAT THE WEBSITE OR SERVICE WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS, OTHER THAN AS MAY BE EXPRESSLY
SET FORTH IN THESE TERMS. LIFOODIES.COM MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS
ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR
WRITTEN, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE
OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. LIFOODIES.COM SHALL NOT BE LIABLE TO YOU OR TO
ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE,
LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL).

Modification of Terms
We frequently update, modify and otherwise continually seek to improve the Service and such changes often require an
update or revision to these Terms. Accordingly, we reserve the right to change or discontinue any aspect or feature of the
Service, as well as modify, change and/or update these Terms, from time to time, as we deem appropriate. Any updates to
these Terms shall be posted on this Website, from time to time. You acknowledge your responsibility to review these
Terms from time to time and to be aware of any such changes and, should you request, we will be happy to keep you
informed if/when such changes take place. If you do not agree with any such changes, your use of the Service may be
cancelled in accordance with the procedures for cancellation set forth herein.

Termination, Cancellation and/or Suspension by LIFoodies.com
If at any time you breach these Terms, we may elect to suspend, terminate and/or cancel your use of the Service and/or
recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We
reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide our
Service in a way that may be hindered by your status as being our subscriber.

Terms
The provisions regarding warranties will survive any suspension, termination or cancellation of your use of the Services or
Website.

Termination by the User
You are free to terminate or cancel your use of the Service at any time, and for any reason, by texting the word OUT to
75667.

Links to other Websites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as
an endorsement by LIFoodies.com of the contents on such third-party websites. LIFoodies.com is not responsible for the
content of linked third-party websites and does not make any representations regarding the content or accuracy of
materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
LIFoodies.com cannot ensure that you will be satisfied with any products or services that you purchase from a third-party
website that links to or from the Website, since these websites are owned and operated by independent third-parties.
LIFoodies.com does not endorse any of the products/services, nor has LIFoodies.com taken any steps to confirm the
accuracy or reliability of any of the information contained in such third-party websites. LIFoodies.com does not make any
representations or warranties as to the security of any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against
us with respect to such websites. LIFoodies.com strongly encourages you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or off-line transaction with any of these third-parties. All links
to the Website must be approved in writing by LIFoodies.com, except that LIFoodies.com consents to links in which: (a) the
link is a text-only link containing only the name "LIFoodies.com"; (b) the link "points" only to www.LIFoodies.com and not to
deeper pages; (c) the link, when activated by a user, displays the Website's homepage in a full-screen and in a fully
operable and navigable browser window and not within a "frame" on the linked website; and (d) the appearance, position,
and other aspects of the link may neither create the false appearance that an entity or its activities or products are
associated with or sponsored by LIFoodies.com nor be such as to damage or dilute the goodwill associated with the name
and trademarks of LIFoodies.com or its affiliates. LIFoodies.com reserves the right to revoke this consent to link at any time
in its sole discretion, without notice.

Security Rules
You are prohibited from violating or attempting to violate the security of the Website and Service and from using the
Website and Service to violate the security of other websites by any method, including, without limitation: (a) accessing
data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to
probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without
proper authorization; (c) attempting to interfere with service to any user of the Website or Service, host or network,
including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming",
"mail-bombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or
services; or (e) forging any LIFoodies.com packet header or any part of the header information in any e-mail, instant
message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal
liability. LIFoodies.com may investigate violations of these Terms and Conditions, and may involve and cooperate with law
enforcement authorities in prosecuting users of the Website who are involved in such violations.

Force Majeure
LIFoodies.com shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or
delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike,
failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power
failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental
authority, or any other cause beyond the reasonable control of LIFoodies.com. In addition, LIFoodies.com shall be so
excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material
necessary for the performance of the Service.

Miscellaneous
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any
further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be
limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect
and enforceable. No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not
have any authority of any kind to bind LIFoodies.com in any respect whatsoever. In any action or proceeding to enforce
rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.

These Terms shall be governed by and construed in accordance with the laws of the State of New York notwithstanding its
laws governing conflicts of laws. The parties agree that any action or proceeding brought to defend the rights or enforce
the obligations of a party hereto shall be brought in the courts of the State of New York.

The terms of use of the Service are only those stated herein, which shall constitute the complete agreement between the
parties. No terms and conditions stated in or attached to your communications are applicable to these Terms in any way
and are not to be considered your exceptions to the provisions of these Terms.

Copyright and Trademark Notices
All content, design and layout of the Website: Copyright © 2009 LIFoodies.com All rights reserved.
All trademarks or tradenames are the property of their respective owners.