Terms of Service
Acceptance of Terms
The WhatAPlate.com website, (the “Website”) and all of its content and services, is owned and/or operated by Elite Innovations, Inc. and its designated agents or service providers. Your use of this Website is conditioned upon your acceptance without modification of the terms, conditions, and notices contained or referenced in this Terms of Service Agreement (the “Agreement”).
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. WhatAPlate.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.
Typographical Errors
In the event content on the Website contains incorrect information, or a product is listed at an incorrect price, due to typographical errors or error in pricing information, WhatAPlate.com shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. WhatAPlate.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, WhatAPlate.com shall immediately issue a credit to your credit card account in the amount of the incorrect price.
Children Under 13
WhatAPlate.com does not knowingly collect personally identifiable information from children under 13. In the event that WhatAPlate.com learns it has collected any personal information from a child under the age of 13 without verification of parental consent, WhatAPlate.com will delete that information from its database as quickly as reasonably possible.
Disclosure and Use of Your Communications
Any information provided to WhatAPlate.com by you, or collected by WhatAPlate.com through the use of the Website will be maintained in accordance with WhatAPlate.com’ Privacy Policy. You agree to be solely responsible for providing accurate, current, and complete information about you as requested by WhatAPlate.com or its affiliates or service providers.
Ownership Notice and Usage Restrictions
This Website and all original content contained on this Website, including all names, logos, graphics, photographs and text, copyrights, service marks, and trademarks are the exclusive property of WhatAPlate.com. You may not copy, reproduce, republish, post, distribute, transmit, or modify or otherwise use in any way any part of the Website without the express prior written consent of WhatAPlate.com. You further agree not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the site; to do so may subject you to legal liability. WhatAPlate.com will, in its sole discretion, take all appropriate legal action and recourse for violations hereof.
Copyright
This Copyright Policy covers this website (the “Website”) and websites of Elite Innovations, LLC and its subsidiaries and affiliates (collectively, “Elite Innovations”). All media on this Website is either: licensed by Elite Innovations, submitted to Website by users, readily available and believed to be in the public domain, or used in “fair use” under the U.S. Copyright Act. Elite Innovations respects the intellectual property rights of others and expects its users to do the same.
It is Elite Innovations’ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
If you are a copyright owner of a photograph or other material that appears on this Website, that you claim violates your copyright, please notify us as provided below. If you are unsure whether the content you are reporting is infringing your legal rights, you may wish to seek legal guidance. Keep in mind that submitting intentionally misleading reports of infringement may be punishable under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) in the United States or similar laws in other countries.
Notification of Copyright Infringement – Digital Millennium Copyright Act
Elite Innovations is an Online Service Provider under the DMCA. Elite Innovations respects the legitimate rights of copyright owners and has adopted an efficient notice and takedown procedure as required by the DMCA and described herein. This policy is intended to guide copyright owners in utilizing that procedure, and also to guide users and webmasters in restoring access to websites or content that is disabled due to a mistake.
Notice to Owners of Copyrighted Works.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA notice (“Notice”) and delivering it to Website’s Designated Copyright Agent.
DMCA Notice of Alleged Infringement.
As a copyright owner, to provide Elite Innovations with a proper Notice of claimed of your copyright, your notice must be in English and must substantially contain the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
An identification (links, urls, users) of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single Notice, a representative list of such works at that site.
An identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled. This identification should include information reasonably sufficient to permit Elite Innovations to locate the material, such as any URLs identifying the allegedly infringing material along with any other information that might assist Elite Innovations’ Designated Registered Agent in investigating your claim.
Information reasonably sufficient to permit Elite Innovations to contact the complaining party, such as your address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by you, your agent, or the law.
A statement that the information in the Notice is accurate, and under penalty of perjury, that you, are the owner of the copyright or are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Material Originating From Another Website
If the allegedly infringing material originates from another website and you believe that this Website has cached that material, then confirm any of the following that apply:
The material has been removed from the originating site or access to the material on the originating site has been disabled;
A court has ordered that the material be removed from the originating site; and/or
A court has ordered that access to the material on the originating site be disabled.
Failure to include all of the above information may result in a delay in processing the DMCA Notification. If you materially misrepresent that any material infringes your copyright interest, you may be liable for damages, including court costs and attorneys’ fees, and could be subject to criminal prosecution for perjury.
Delivery of the Notice
Deliver all takedown Notices to Elite Innovations’s Designated Copyright Agent by Mail or by Email as follows:
BY EMAIL TO:
staff [at] WhatAPlate.com
BY MAIL TO:
Elite Innovations, LLC
6720 Owl Lake Dr
Firestone, CO 80504
Upon receipt of a valid Notice, Elite Innovations will process the claim, which may result in removing or disabling access to the allegedly infringing material, subject to the user’s or webmaster’s right to submit a Counter-Notification claiming lawful use of the disabled works. In appropriate circumstances, Elite Innovations will have the disputed material removed from public view, and will also notify the user or webmaster who posted the allegedly infringing material, which notification may include a complete copy of the Notice submitted regarding that material.
Counter-Notifications
If you receive notice that material that you submitted has been removed by Elite Innovations pursuant to a Notice, and you believe that removal was in error or not pursuant to a valid copyright claim, you may seek to have the material replaced by submitting a Counter-Notice to Elite Innovations.
Counter-Notifications must be submitted by the original uploader or an agent authorized to act on their behalf, such as an attorney. After Elite Innovations receives your Counter-Notification, it will forward the Counter-Notification to the party who submitted the original claim of copyright infringement. Please note that when Elite Innovations forwards the notice, it will include your personal information. By submitting a counter notification, you consent to having your information revealed in this way. Elite Innovations will not forward the counter notification to any party other than the original claimant.
To be effective, Counter-Notices must contain substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that the you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Elite Innovations may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Indemnification
By accessing the Website, you agree that you remain solely responsible for use of the Website, and you agree to indemnify and hold harmless, WhatAPlate.com and its agents with respect to any claim based upon misuse of this Website or breach of any terms or conditions of this Agreement.
Jurisdiction
The services and information on this site are available in the United States and may not be available elsewhere. This Agreement shall be construed in accordance with the Laws of the United States of America, and specifically within the state of Colorado. All disputes arising from your use of this Website or under this Agreement, shall be resolved in a court located in Colorado, without reference to conflict of laws or choice of laws statutes.
Governing Language
Any translation of this Policy is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License Agreement shall govern.
Disclaimer of Warranties and Limitation of Liability
This Website is made available to users AS IS without any warranty of any kind. WhatAPlate.com makes no representations, guarantees, or warranties regarding the accuracy, reliability, confidentiality (except as set forth in the Privacy Policy) or completeness of the content (text and/or images) of this Website.
WHATAPLATE.COM, TO THE GREATEST EXTENT PERMISSIBLE BY LAW, DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED. FURTHER, WhatAPlate.com DOES NOT WARRANT OR REPRESENT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS ERROR-FREE OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF DEFECTS, INCLUDING, WITHOUT LIMITATION, COMPUTER VIRUSES, WORMS, BUGS, TIMEBOMBS, OR ANY OTHER SIMILAR PROBLEMS AND/OR DEFECTS.
WHATAPLATE.COM SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, LOST PROFITS, LOSS OF REVENUE, AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THIS WEBSITE, OR YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT HEREOF. IN ADDITION, WhatAPlate.com HAS NO DUTY TO UPDATE THIS SITE, OR THE CONTENT THEREOF, AND WhatAPlate.com SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION. FURTHER, WhatAPlate.com IS NEITHER RESPONSIBLE NOR LIABLE FOR YOUR USE OF OTHER WEB SITES THAT YOU MAY ACCESS VIA LINKS WITHIN THIS SITE. THOSE LINKS AND OTHER RESOURCES REFERENCED ON THIS SITE ARE PROVIDED MERELY AS A SERVICE TO USERS, AND INCLUSION IN WhatAPlate.com’S SITE DOES NOT CONSTITUTE AN ENDORSEMENT BY NOR AFFILIATION WITH WhatAPlate.com.
Reservation of Rights
WhatAPlate.com, in its sole discretion, reserves the right to take all action or inaction as allowed by law. If any term, condition, or provision of these Terms and Conditions of Use is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions, and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions of Use constitute the entire representation made by WhatAPlate.com relating to the subject matter herein.
Modifications to Service
WhatAPlate.com reserves the right to modify in part or in whole, or temporarily or permanently discontinue this Website or any content contained therein for any reason and at anytime without notice to you. WhatAPlate.com is not liable to you or any third party for modifications, suspension or discontinuance of any services or content offered on this Website.