Terms of Service Business

Additional Terms for Business Accounts

Last Updated on August 15, 2024.

The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from TastyPlates on behalf of your business (e.g., advertising or business tools), the terms of that purchase apply in the event of any conflict with these Business Terms. Capitalized words used but not defined in these Business Terms have the meanings described in the Terms of Service. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with TastyPlates. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
PLEASE READ THESE BUSINESS TERMS CAREFULLY AS THEY REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.

REQUIREMENTS, REPRESENTATIONS AND WARRANTIES

A.
In order to access or use the Services, you agree that:
i.
You have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”);
ii.
your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business;
iii.
you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business;
iv.
your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services;
v.
you grant TastyPlates a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services, or allow for its display through iframes or other framing technology;
vi.
you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes;
vii.
you understand that we may display health score information, palate information for your Business, and may place a Consumer Alert regarding that health score and palate association on the business page for your Business;
B.

You represent and warrant that you will not, and will not authorize or induce any other party, to:

i.
offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that TastyPlates, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews;
ii.
solicit or ask for reviews from your customers;
iii.
write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors;
iv.
pay or induce anyone to post, refrain from posting, or remove reviews, or otherwise attempt to circumvent TastyPlates’s Recommendation Software (defined below) or fraud detection systems;
v.
attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions;
vi.
use any automated means or form of scraping or data extraction to access, query or otherwise collect TastyPlates data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by TastyPlates (for example, as described at www.TastyPlates.com/robots.txt);
vii.
use any TastyPlates trademark or service mark in any manner without TastyPlates’s prior written consent; or
viii.
misrepresent your identity or affiliation to anyone in connection with TastyPlates.
C.

You understand and acknowledge that TastyPlates allows consumers to post Content about your Business, including photos, ratings, and reviews. You understand and acknowledge that TastyPlates employs automated software in an effort to showcase the most reliable and useful reviews while displaying other reviews less prominently (“Recommendation Software”). You understand and acknowledge that while TastyPlates uses its Recommendation Software to identify potentially less helpful reviews, the Recommendation Software may sometimes suppress legitimate reviews or fail to detect illegitimate reviews. You understand and acknowledge that any purchase of advertising or other paid features from TastyPlates will not influence the Recommendation Software or otherwise allow or enable You, directly or indirectly, to alter reviews or impact whether, where, or how reviews appear on TastyPlates.

The following Sections 2 and 3 apply if you are a resident of the United States or Canada only:

DISCLAIMERS AND LIMITATIONS OF LIABILITY PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE TASTYPLATES ENTITIES TO YOU. FOR CLARITY, THE BELOW APPLIES IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY DETAILED IN SECTION 12 OF THE TERMS.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like TastyPlates, for their role in publishing third-party Content, including consumer reviews.
DISPUTE RESOLUTION AND AND CHOICE OF LAW FOR CLARITY, THIS SECTION GOVERNS ANY BUSINESS CLAIM BROUGHT BY YOU OR TASTYPLATES. ANY CLAIM NOT SUBJECT TO THIS SECTION IS INSTEAD GOVERNED BY SECTION 13 OF THE TERMS.
This provision is subject to the International Arbitration Act. Except for Excluded Business Claims, any claim, controversy or cause of action arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of your Business Account and/or Business Site (each such controversy or claim, a “Business Claim”), shall be settled through final and binding Arbitration to be administered by National Arbitration and Mediation (“NAM”) and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed. You agree that any Business Claim arises from a business transaction and shall not be governed by the NAM rules, forms, or fees applicable to consumer transactions. Any award of the arbitrator is final and binding. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the International Arbitration Act for any such error.
“Excluded Business Claims” means any claim, controversy, or cause of action: (i) related to intellectual property (like patents, copyrights, moral rights, trademarks, and trade secrets and other confidential or proprietary information, but not privacy or publicity rights); or (iii) arising from violations of Section 7 of the Terms of Service (Representations and Warranties) or Section 1 of the Business Terms (Requirements, Representations and Warranties).
“Business Claims shall be heard by a single arbitrator with exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement, and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable and whether a claim is subject to arbitration. Arbitrations will be held in Edmonton, Canada, but the parties may choose for themselves whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the laws of the Province of Alberta. The prevailing party shall be entitled to an award of reasonable attorneys’ fees  Any judgment on the award(s) rendered by the arbitrator may be entered in any court of competent jurisdiction. NOTWITHSTANDING THE FOREGOING, FOR ANY BUSINESS CLAIM THAT IS NOT SUBJECT TO ARBITRATION, INCLUDING WITHOUT LIMITATION EXCLUDED BUSINESS CLAIMS, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE PROVINCIAL AND FEDERAL COURTS LOCATED WITHIN EDMONTON, ALBERTA, CANADA, WHICH IS THE PLACE OF PERFORMANCE OF THESE BUSINESS TERMS.
YOU AND TASTYPLATES AGREE THAT EACH MAY BRING OR PARTICIPATE IN BUSINESS CLAIMS AGAINST THE OTHER ONLY IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND TastyPlates AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE BUSINESS CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A BUSINESS CLAIM IMPLICATES THIS SECTION, AND THIS SECTION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL BY A COURT, SUCH BUSINESS CLAIM MUST BE ADJUDICATED BY A COURT AND NOT BY AN ARBITRATOR.”
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