Terms and Conditions

FOOD TRUCK FINDER L.L.C.

TERMS AND CONDITIONS

Effective Date: 1 September 2026

Last Updated: 1 September 2026

Applicable to: https://www.food-truck-finder.com and the Food Truck Finder mobile applications for iOS and Android

1. INTRODUCTION AND ACCEPTANCE OF THESE TERMS

1.1 These Terms and Conditions (the “Terms”) are a binding legal agreement between you and Food Truck Finder L.L.C., a limited liability company organised under the laws of the State of Michigan with its principal place of business at 2878 Valley Spring Ln SE, Caledonia, MI, 49316 (“Food Truck Finder”, “we”, “us” or “our”). They govern your access to and use of the Food Truck Finder mobile applications, the website located at https://www.food-truck-finder.com, the vendor dashboard, and all related features, content and services (together, the “Service”).

1.2 By downloading, installing, accessing, browsing or using the Service, by creating an account, or by clicking a button indicating acceptance, you confirm that you have read and understood these Terms and that you agree to be bound by them. If you do not agree, you must not use the Service.

1.3 These Terms incorporate by reference our Privacy Policy, available at https://www.food-truck-finder.com/legal/privacy, our Cookie Policy, available at https://www.food-truck-finder.com/legal/cookies, our Community and Review Guidelines, available at https://www.food-truck-finder.com/legal/guidelines, and our Copyright Policy, available at https://www.food-truck-finder.com/legal/copyright.

1.4 If you access the Service as an operator of a food truck or other mobile food business, or on behalf of such a business, your use is additionally governed by the Food Truck Finder Vendor Terms of Service, available at https://www.food-truck-finder.com/legal/vendor-terms. Where the Vendor Terms of Service conflict with these Terms in relation to Vendor activity, the Vendor Terms of Service prevail.

1.5 We may amend these Terms from time to time. We will post the amended Terms with an updated Effective Date and, where the changes are material, we will give notice through the Service, by push notification or by email at least fourteen days before the changes take effect. Changes will not apply retroactively. Your continued use of the Service after the changes take effect constitutes acceptance of the amended Terms. If you do not accept them, you must stop using the Service and may delete your account under section 21.

1.6 Sections 22, 23, 24 and 25 contain important limitations on our liability and, for users resident in the United States, a binding arbitration agreement and a waiver of the right to participate in class or representative proceedings. Please read them carefully.

2. DEFINITIONS

2.1 “Account” means a registered user account created to access the Service, whether as a Consumer User or a Vendor.

2.2 “Consumer User” means an individual who uses the Service to discover, locate, follow, rate or review Vendors, other than in a Vendor capacity.

2.3 “Listing” means the profile, business information, menu, photographs, prices, operating hours, planned schedule, specials and location information published on the Service in respect of a Vendor.

2.4 “Location Data” means data describing the geographic position of a device or of a mobile food unit, including precise geolocation derived from satellite positioning, cellular, Bluetooth or wireless network signals.

2.5 “Platform Content” means all content made available through the Service by us or our licensors, including software, interfaces, text, graphics, logos, maps, compilations, data, and the arrangement and presentation of Listings.

2.6 “Review” means a star rating, written review, photograph or other feedback submitted by a Consumer User about a Vendor or a food product.

2.7 “User Content” means any content that you submit, upload, publish, post, transmit or otherwise make available through the Service, including Reviews, photographs, profile information, comments, reports and communications.

2.8 “Vendor” means an owner or operator of a food truck, trailer, cart or other mobile or temporary food business that maintains a Listing on the Service.

2.9 “you” and “your” mean the person accessing or using the Service and, where that person acts on behalf of an entity, that entity.

2.10 References to a statute or regulation include that statute or regulation as amended or replaced from time to time. Headings are for convenience only and do not affect interpretation. The words “include” and “including” are not words of limitation.

3. NATURE OF THE SERVICE AND OUR ROLE

3.1 The Service is a discovery and information platform. It allows Consumer Users to search for and locate Vendors, view Listings, view menus and prices published by Vendors, follow favourite Vendors, receive notifications, obtain directions, and submit Reviews. It allows Vendors to create and maintain a Listing, share their operating location, publish menus and specials, view engagement analytics and respond to Reviews.

3.2 We are not a restaurant, food service business, caterer, food handler, delivery service or seller of food. We do not prepare, store, handle, transport, sell or deliver any food or beverage. We do not employ, control, direct or supervise any Vendor or any person working for a Vendor.

3.3 As at the Effective Date, the Service does not process orders or payments for food or beverages. Any purchase of food or beverage is a transaction concluded directly and exclusively between you and the Vendor at the Vendor’s location and on the Vendor’s terms. We are not a party to that transaction, we make no representation about it, and we accept no responsibility or liability arising from it.

3.4 Each Vendor is an independent business. Nothing in these Terms or in the operation of the Service creates any partnership, joint venture, agency, franchise, employment or fiduciary relationship between us and any Vendor, or between us and any Consumer User.

3.5 Listings are created and maintained by Vendors. We do not independently verify, audit or endorse Listings, menus, prices, hours, schedules, photographs, business credentials or claims made by Vendors, except to the limited extent described in our Community and Review Guidelines. The appearance of a Vendor on the Service is not a recommendation, certification or guarantee of that Vendor by us.

3.6 We may, at our discretion, display Listings in a particular order, apply ranking or relevance criteria, highlight Vendors, or make editorial or promotional selections. Where a Listing or placement is paid for or otherwise sponsored, we will identify it as such.

4. ELIGIBILITY AND AGE REQUIREMENTS

4.1 You may use the Service as a Consumer User only if you are at least thirteen years of age. If you are under the age of majority in your state, province or territory of residence, you may use the Service only with the involvement and consent of a parent or legal guardian, who agrees to be bound by these Terms and accepts responsibility for your use of the Service.

4.2 If you are resident in Quebec and under fourteen years of age, you may not use the Service unless the consent of a person having parental authority or of your tutor has been given.

4.3 The Service is not directed to children under thirteen. We do not knowingly collect personal information from children under thirteen. If we learn that we have collected such information, we will delete it and terminate the associated Account. Section 12 of our Privacy Policy explains how a parent or guardian may contact us.

4.4 You may register and operate a Vendor Account only if you are at least eighteen years of age and are authorised to act for the food business concerned.

4.5 You may use the Service only if you can form a binding contract with us, if you are not barred from doing so under any applicable law, and if you have not previously been removed from the Service.

4.6 The Service is offered for use in the United States and Canada. We make no representation that the Service, or any Listing, is appropriate or available in any other jurisdiction. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

5. ACCOUNTS AND ACCOUNT SECURITY

5.1 Some features of the Service require an Account. You must provide accurate, current and complete information when registering and must keep that information up to date.

5.2 You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us promptly at josh@food-truck-finder.com if you suspect unauthorised access to your Account.

5.3 You may not create an Account using false information, impersonate any person or business, create an Account on behalf of another person without authority, maintain multiple Consumer User Accounts for the purpose of manipulating Reviews or engagement metrics, or transfer or sell your Account.

5.4 We may refuse registration, require verification of identity or business credentials, or reclaim an account name or handle that infringes the rights of a third party or is misleading.

5.5 Where the Service permits registration or sign in through a third party identity provider, your use of that provider is governed by the provider’s own terms, and you authorise us to receive the account information described in our Privacy Policy.

6. LICENCE TO USE THE SERVICE

6.1 Subject to your compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable licence to download and use one copy of the mobile application on a device that you own or control, and to access the website, in each case solely for your own non-commercial use, or, in the case of a Vendor, solely for the operation of that Vendor’s food business.

6.2 This licence does not permit you to, and you must not, copy, modify, adapt, translate, reverse engineer, decompile or disassemble the Service, except to the extent that this restriction is prohibited by applicable law.

6.3 You must not scrape, crawl, harvest, index, cache or extract Listings, Reviews, Location Data or other Platform Content by automated means, or use the Service to build, train, populate or improve any competing product, dataset, directory or machine learning model, without our prior written consent.

6.4 You must not circumvent, disable or interfere with any security, rate limiting, access control or authentication feature of the Service, or access the Service through any interface other than those we provide.

6.5 All rights not expressly granted in this section are reserved to us and our licensors.

7. VENDOR LISTINGS AND YOUR DEALINGS WITH VENDORS

7.1 Information appearing in a Listing, including business name, cuisine type, menu items, descriptions, photographs, prices, operating hours, planned locations and specials, is supplied by the Vendor. The Vendor is solely responsible for the accuracy, currency, legality and completeness of that information.

7.2 We do not guarantee that any Vendor will be operating, will be at any advertised or displayed location, will be open at any advertised time, will have any particular item available, or will charge any displayed price. Menus, availability and prices are subject to change by the Vendor at any time without notice to us.

7.3 Any dispute concerning food, service, price, payment, conduct, injury or any other matter arising from your dealings with a Vendor is between you and that Vendor. We are not obliged to mediate or resolve such disputes, and we have no liability in respect of them. Nothing in this section limits any right you have against a Vendor, or any right that cannot be excluded under applicable consumer protection law.

7.4 We encourage you to report inaccurate Listings, suspected unlawful conduct or safety concerns to us at josh@food-truck-finder.com so that we can investigate under section 11 and take action where appropriate. We are not obliged to take any particular action in response to a report.

7.5 If you are a Vendor, you additionally warrant and represent, as set out more fully in the Vendor Terms of Service, that you hold all licences, permits, registrations, health inspections and insurance required for your operations, and that your Listing is accurate and not misleading.

8. LOCATION INFORMATION AND LIVE TRACKING

8.1 The Service is built around location. With your permission, the mobile application may access the location of your device in order to show nearby Vendors, sort results by distance, provide directions and deliver location relevant notifications. You may search by city or address instead, and you may withdraw location permission at any time in your device settings, although some features will not function without it.

8.2 Live Vendor locations are generated when a Vendor chooses to share the position of a mobile food unit through the vendor tools. Location sharing by a Vendor is voluntary and may be switched on and off by the Vendor at any time.

8.3 Location information displayed on the Service may be inaccurate, delayed, incomplete or out of date. Positioning technology has inherent margins of error, network coverage varies, a Vendor may move without updating, and a Vendor may cease operating for the day at any time. You should treat displayed locations, distances, estimated travel information and planned schedules as indicative only.

8.4 We are not liable for any wasted journey, wasted expenditure, missed opportunity, inconvenience or other loss arising from reliance on location information, schedules, hours or availability displayed on the Service, subject to section 23.

8.5 You must not use the mobile application while operating a vehicle. You are responsible for complying with all traffic, pedestrian and distracted driving laws, and for your own safety and the safety of others when travelling to or visiting any location shown on the Service.

8.6 You must not use the Service to track, follow, monitor, surveil, harass or locate any individual, or to derive the movements or routines of any person. Location features are provided for the purpose of finding food businesses that have chosen to publish their operating position.

8.7 Our collection and use of Location Data, including the treatment of precise geolocation as sensitive information under certain United States state privacy laws, is described in our Privacy Policy.

9. MENUS, PRICING, ALLERGEN AND FOOD SAFETY INFORMATION

9.1 Menu content, ingredient descriptions, nutritional statements, dietary labels such as vegetarian, vegan, halal, kosher or gluten free, and allergen information displayed on the Service are provided by Vendors. We do not prepare food, we do not inspect kitchens or mobile food units, and we do not verify the accuracy of any such information.

9.2 If you have a food allergy, intolerance, medical condition or religious or dietary requirement, you must not rely on the Service. You must speak directly with the Vendor before ordering or consuming any food or beverage, and satisfy yourself as to ingredients, preparation methods and the risk of cross contamination. Information on the Service is provided for general discovery purposes only and is not a substitute for direct confirmation from the Vendor.

9.3 We make no representation and give no warranty concerning the safety, quality, freshness, preparation, handling, temperature control, hygiene, labelling or fitness for consumption of any food or beverage offered by any Vendor.

9.4 Prices shown on the Service are indicative and are set by the Vendor. Displayed prices may exclude taxes, service charges, gratuities, card surcharges or minimum spend requirements, and may be out of date. The price charged by the Vendor at the point of sale prevails.

9.5 Nothing on the Service is medical, nutritional, dietary or health advice. You should consult a qualified health professional regarding any dietary or medical concern.

9.6 We do not verify whether any Vendor holds a mobile food facility permit, health department authorisation, food handler certification, fire safety approval, business licence or insurance, and we do not conduct or publish health inspections. The presence of a Vendor on the Service must not be understood as confirmation that the Vendor is licensed, inspected, insured or compliant with any food safety requirement.

9.7 If you become aware of a suspected food safety issue, you should report it to the Vendor and to the relevant local health authority. You may also notify us at josh@food-truck-finder.com and we will consider whether to suspend or remove the Listing under section 11.

10. RATINGS, REVIEWS AND USER CONTENT

10.1 You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty free, fully paid, transferable and sublicensable licence to host, store, reproduce, adapt for formatting purposes, publish, display, distribute and otherwise use your User Content for the purposes of operating, providing, improving, promoting and securing the Service, and to permit the Vendor concerned to display and respond to your Review within the Service. This licence continues for as long as your User Content remains on the Service and for a reasonable period afterwards to allow for backup and legal retention, and it survives deletion of your Account only to the extent necessary for those purposes and to the extent your User Content has been shared with or incorporated by others.

10.2 We may use your Reviews in aggregated or de-identified form, including in average ratings, rankings, statistics and marketing materials, provided that any use of your name or handle in marketing is subject to your separate consent where required by law.

10.3 You represent and warrant that you own or have all rights necessary to submit your User Content, that it is your own genuine opinion or experience, that it does not infringe or misappropriate the rights of any person, and that it complies with these Terms and the Community and Review Guidelines.

10.4 You may submit a Review only if you have had a genuine consumer experience with the Vendor concerned. You must not submit a Review that misrepresents your experience or identity, submit a Review about a Vendor in which you or a family member hold a financial, ownership, employment or management interest without clearly disclosing that connection, submit a Review in exchange for compensation or an incentive conditioned on the sentiment expressed, submit a Review on behalf of a competitor for the purpose of harming a Vendor, or use automated tools or artificial intelligence to generate a Review purporting to reflect a real experience that did not occur.

10.5 Vendors must not solicit, purchase, sell, procure, incentivise, suppress or fabricate Reviews, and must not condition any benefit on the sentiment of a Review. Vendors may respond to Reviews and may report Reviews for breach of these Terms, but may not require, request or pressure a Consumer User to withdraw or alter a Review.

10.6 We do not suppress, remove, downgrade or reorder Reviews on the basis that they are negative. Reviews are removed only where they breach these Terms or the Community and Review Guidelines, where removal is required by law, or where they are the subject of a valid legal complaint, and we publish our moderation criteria in the Community and Review Guidelines.

10.7 We are under no obligation to monitor User Content. We may, but need not, review, screen, edit for length or formatting, refuse, restrict, label or remove any User Content at our discretion. Any action or inaction by us in relation to User Content is without prejudice to any protection available to us under section 230 of the Communications Decency Act, 47 U.S.C. 230, or any other applicable law.

10.8 Reviews and other User Content express the views of the individuals who submit them. They are not our views, and we do not adopt, endorse or verify them.

11. CONTENT STANDARDS, MODERATION AND ENFORCEMENT

11.1 User Content must not be unlawful, defamatory, fraudulent, misleading, obscene, sexually explicit, hateful, harassing, threatening or discriminatory, must not incite violence or unlawful acts, must not disclose the personal information of another person without consent, must not infringe intellectual property or privacy rights, must not contain malicious code, and must not consist of advertising, spam or promotional material unrelated to a genuine consumer experience.

11.2 You must not submit User Content containing unsubstantiated allegations of food poisoning, contamination, criminal conduct or regulatory breach presented as established fact. You may describe your own experience honestly and may report concerns to us and to the relevant authority.

11.3 We operate the reporting, review and enforcement process described in the Community and Review Guidelines. Enforcement measures may include labelling or removing content, restricting features, limiting the visibility of a Listing, suspending an Account, or terminating access.

11.4 Where we remove User Content or restrict an Account, we will, where practicable and lawful, notify the affected user of the reason and of the process for seeking reconsideration. We may act without prior notice where the content or conduct presents a risk of harm, involves suspected illegality, or where notice is prohibited by law.

11.5 We maintain a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly breach these Terms or who are repeat copyright infringers, as described in our Copyright Policy.

12. ACCEPTABLE USE

12.1 You must not use the Service for any unlawful purpose, or in any manner that could damage, disable, overburden or impair the Service or interfere with any other party’s use of it.

12.2 You must not introduce any virus, worm, trojan, logic bomb or other malicious or technologically harmful material, attempt to gain unauthorised access to the Service or to any server, computer or database connected to it, or conduct any denial of service or similar attack.

12.3 You must not conduct security testing, vulnerability scanning or penetration testing of the Service without our prior written authorisation. We welcome the good faith reporting of security vulnerabilities to josh@food-truck-finder.com.

12.4 You must not use the Service to send unsolicited commercial communications, to conduct market research on behalf of a competitor, to solicit Vendors or Consumer Users away from the Service, or to sell, resell or commercially exploit access to the Service.

12.5 You must not misrepresent your affiliation with any person or entity, or use the Service to engage in any deceptive, unfair or abusive practice.

12.6 You must comply with all applicable laws in your use of the Service, including laws relating to advertising, consumer protection, privacy, food safety, intellectual property and public order.

13. NOTIFICATIONS, ELECTRONIC COMMUNICATIONS AND MARKETING

13.1 By creating an Account you consent to receive communications from us electronically, including by email, in application message and, where you have enabled them, push notification. You agree that electronic communications satisfy any legal requirement that a communication be in writing.

13.2 We send two categories of message. Service messages relate to your Account, security, transactions, changes to these Terms and other operational matters, and you cannot opt out of them while you maintain an Account. Optional messages include push alerts about saved Vendors, new Vendors in your area, product news and promotional content.

13.3 You may disable push notifications at any time in your device settings or in the Service settings, and you may unsubscribe from marketing emails using the unsubscribe link in each message or by contacting josh@food-truck-finder.com.

13.4 Commercial email that we send is sent in accordance with the CAN-SPAM Act, 15 U.S.C. 7701 and following, and, for recipients in Canada, with Canada’s Anti-Spam Legislation, S.C. 2010, c. 23. Recipients in Canada will receive commercial electronic messages only where consent has been obtained or is otherwise permitted, and every such message will identify us and contain an unsubscribe mechanism.

13.5 If we introduce text message features, you will be asked to provide separate consent before receiving them, message and data rates may apply, and you will be able to stop messages by replying with the applicable keyword.

14. FEES, FREE ACCESS AND FUTURE PAID FEATURES

14.1 As at the Effective Date, the Service is provided to Consumer Users free of charge, and Vendors may create and maintain a basic Listing free of charge. You are responsible for any device, data, roaming or network charges you incur in using the Service.

14.2 We may in future introduce paid features, including premium Vendor subscriptions, enhanced analytics, featured placement and promotional tools, and we may introduce in application ordering or reservation features. Nothing in these Terms obliges us to introduce any such feature or to continue to offer any feature free of charge.

14.3 Before any charge is applied to you, we will present the applicable price, billing frequency, renewal terms, cancellation rights and refund policy, and we will obtain your express agreement to them. Paid features will be governed by supplementary terms presented at the point of purchase and, in the case of Vendors, by the Vendor Terms of Service.

14.4 Where a subscription is sold through the Apple App Store or Google Play, billing, renewal, cancellation and refunds are handled by the relevant app store in accordance with its own terms, and you should manage the subscription through your app store account.

14.5 Where we bill you directly, prices are stated exclusive of applicable sales tax, use tax, goods and services tax, harmonised sales tax and Quebec sales tax, which will be added where we are required to collect them. Where a paid feature is sold to a Vendor on a recurring basis, we will provide advance notice of renewal and a clear cancellation mechanism, consistent with applicable automatic renewal laws in the jurisdictions in which the offering is made available.

15. APP STORES AND DEVICE PLATFORMS

15.1 The mobile application is distributed through the Apple App Store and Google Play. Your download and use of the application is also subject to the terms of the applicable app store, and you must comply with any usage rules those terms impose.

15.2 This section applies where you obtain the application from the Apple App Store. These Terms are concluded between you and us only, and not with Apple Inc. We, and not Apple, are solely responsible for the application and its content.

15.3 Apple has no obligation to furnish any maintenance or support services in respect of the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the application, if any. To the maximum extent permitted by law, Apple has no other warranty obligation in respect of the application.

15.4 We, and not Apple, are responsible for addressing any claim by you or a third party relating to the application, including product liability claims, claims that the application fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or privacy law. We, and not Apple, are responsible for the investigation, defence, settlement and discharge of any third party claim that the application infringes intellectual property rights.

15.5 You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties. You must comply with any applicable third party terms of agreement when using the application.

15.6 Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third party beneficiary.

15.7 Where you obtain the application from Google Play, you acknowledge that Google is not a party to these Terms and has no responsibility for the application.

16. THIRD PARTY SERVICES, MAPPING AND EXTERNAL LINKS

16.1 The Service incorporates or links to services operated by third parties, including mapping and navigation providers, hosting and infrastructure providers, analytics and crash reporting providers, push notification services, and social media platforms. Those services are provided subject to the third party’s own terms and privacy practices.

16.2 When you request directions, the Service may hand off to a navigation application on your device. Routes, travel times and navigation instructions are generated by that provider. We do not control and are not responsible for them, and you must exercise your own judgement about route safety and legality.

16.3 Links to external websites, including Vendor websites and social media pages, are provided for convenience. We do not endorse, monitor or accept responsibility for external content or for any transaction you conclude with an external site.

16.4 We may change, suspend or discontinue any integration with a third party service at any time.

17. INTELLECTUAL PROPERTY

17.1 The Service and all Platform Content are owned by us or our licensors and are protected by copyright, trademark, trade dress, database and other intellectual property laws of the United States, Canada and other countries. Nothing in these Terms transfers any ownership interest to you.

17.2 The name Food Truck Finder, our logo, and our product names and taglines are our trademarks. You must not use them without our prior written consent, except in ordinary descriptive or nominative reference to the Service that does not suggest sponsorship or endorsement. Vendors may use our marks only in accordance with any brand guidelines we publish.

17.3 The compilation, selection, arrangement, structure and presentation of Listings, ratings, aggregated data and search results are our proprietary work product. You must not reproduce or redistribute them, in whole or in substantial part, without our consent.

17.4 Third party names, logos and marks appearing on the Service, including those of Vendors and mapping providers, remain the property of their respective owners and are displayed with permission or as permitted by law.

17.5 If you send us suggestions, feature requests, feedback or other ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty free licence to use and exploit them without restriction, obligation or compensation. We will not treat such submissions as confidential.

18. COPYRIGHT AND TRADEMARK COMPLAINTS

18.1 We respect the intellectual property rights of others and expect our users to do the same. Our full procedure is set out in the Copyright Policy at https://www.food-truck-finder.com/legal/copyright.

18.2 If you believe that content on the Service infringes your copyright, you may submit a notification to our designated agent in accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512. Notifications must contain the elements required by that section, including identification of the work, identification of the material claimed to be infringing and its location, your contact details, a statement of good faith belief, a statement made under penalty of perjury that the information is accurate and that you are authorised to act, and a physical or electronic signature.

18.3 Our designated agent for receiving notifications of claimed infringement is Joshua Miller, contactable at josh@food-truck-finder.com. Notifications that do not substantially comply with the statutory requirements may not receive a response.

18.4 Where content is removed following a notification, the person who posted it may submit a counter notification containing the elements required by 17 U.S.C. 512(g). We will process notifications and counter notifications in accordance with that section.

18.5 In respect of subscribers and content located in Canada, we may also apply the notice and notice regime under sections 41.25 to 41.27 of the Copyright Act, R.S.C. 1985, c. C-42, under which a properly formed notice of claimed infringement is forwarded to the relevant user.

18.6 Complaints alleging trademark infringement, passing off or impersonation may be submitted to josh@food-truck-finder.com with details of the mark relied upon, the basis of the claim and the location of the content complained of.

18.7 Knowingly making a material misrepresentation in a notification or counter notification may expose you to liability for damages, including costs and legal fees.

19. PRIVACY AND DATA PROTECTION

19.1 Our collection, use, disclosure and retention of personal information is described in our Privacy Policy at https://www.food-truck-finder.com/legal/privacy, which forms part of these Terms.

19.2 Because the Service depends on location, we ask separately for permission to access device location, and, where required by applicable law, we obtain your consent to the collection and use of precise geolocation. You may withdraw that permission at any time in your device settings.

19.3 If you submit a Review, your chosen display name, your rating and the content of your Review will be publicly visible on the Service. You should not include information in a Review that you do not wish to be public.

19.4 If you are a Vendor, information in your Listing, including business name, menu, photographs, operating hours and, when you enable it, live operating location, is published to Consumer Users and may be visible to the public.

19.5 You may exercise the privacy rights available to you under applicable law, including rights of access, correction, deletion, portability and, where applicable, withdrawal of consent and opt out of certain disclosures, by following the procedure in the Privacy Policy.

20. SERVICE AVAILABILITY, CHANGES AND PRE RELEASE FEATURES

20.1 As at the Effective Date, the mobile application has not yet been publicly released. Statements on our website concerning launch cities, expected coverage, planned features and timing are forward looking and do not form part of these Terms or constitute any commitment.

20.2 We do not guarantee that the Service will be available at any particular time or place, will be uninterrupted, secure or error free, or that defects will be corrected. Availability may be affected by maintenance, updates, network conditions, third party failures and events beyond our control.

20.3 We may add, modify, suspend or discontinue any feature, Listing category, geographic coverage or the Service as a whole, at any time. Where a change materially reduces functionality that you rely on, we will use reasonable efforts to give notice, and any prepaid amounts for a paid feature will be handled in accordance with the terms applicable to that feature.

20.4 We may make beta, preview or early access features available. Those features are provided on an as is basis, may be withdrawn or changed without notice, and may contain defects. Any feedback you provide is subject to section 17.5.

20.5 We may require you to install updates to the mobile application. If you do not install a required update, some or all of the Service may cease to function.

21. SUSPENSION, TERMINATION AND ACCOUNT DELETION

21.1 You may stop using the Service at any time. You may delete your Account through the settings of the mobile application or by contacting josh@food-truck-finder.com, and we will process the deletion in accordance with the retention periods described in our Privacy Policy.

21.2 We may suspend or terminate your access to the Service, or remove any Listing or User Content, immediately and without prior notice where we reasonably believe that you have materially breached these Terms, that your conduct exposes us, another user or the public to legal liability or risk of harm, that you have engaged in fraudulent or deceptive conduct including Review manipulation, or that suspension or termination is required by law.

21.3 In other cases we will give you reasonable notice, and where practicable an opportunity to remedy the matter, before suspending or terminating your access.

21.4 Where a Vendor Listing is suspended or removed, we will notify the Vendor at the contact details held for the Account and will explain the reason unless prohibited by law or unless doing so would compromise an investigation.

21.5 On termination, the licence granted in section 6 ends and you must cease using the Service. Sections 2, 10.1, 12, 17, 18, 22, 23, 24, 25 and any other provision which by its nature should survive will continue in force.

21.6 Reviews and other User Content that you have submitted may remain visible on the Service after your Account is deleted, in an anonymised or de-identified form where we are able to do so, so that the integrity of aggregate ratings is preserved. You may request removal of specific Reviews by contacting us.

22. DISCLAIMERS OF WARRANTIES

22.1 To the maximum extent permitted by applicable law, the Service and all Platform Content are provided on an “as is” and “as available” basis, without warranty of any kind, whether express, implied or statutory. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy and non-infringement.

22.2 Without limiting section 22.1, we do not warrant that any Vendor exists, operates, is open, is at any displayed location, is licensed, permitted, inspected or insured, or that any food or beverage is safe, wholesome, accurately described or fit for consumption.

22.3 We do not warrant the accuracy, completeness, currency or reliability of any Listing, menu, price, allergen statement, schedule, rating, Review, map, route, distance or estimated travel time.

22.4 No advice or information, whether oral or written, obtained from us or through the Service, creates any warranty not expressly stated in these Terms.

22.5 Some jurisdictions do not permit the exclusion of certain warranties or conditions, including implied warranties of merchantability or fitness for a particular purpose, or the legal warranty applicable to consumers. In those jurisdictions the exclusions in this section apply only to the extent permitted by law, and nothing in these Terms excludes or limits any statutory or legal warranty that cannot lawfully be excluded, including the warranties provided under the Consumer Protection Act (Quebec), CQLR c. P-40.1, and comparable provincial and state legislation.

23. LIMITATION OF LIABILITY AND INDEMNIFICATION

23.1 To the maximum extent permitted by applicable law, we and our members, officers, employees, contractors, agents and licensors will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, goodwill, business opportunity, anticipated saving or data, however caused and on any theory of liability, arising out of or in connection with the Service, whether or not we have been advised of the possibility of such loss.

23.2 To the maximum extent permitted by applicable law, we will not be liable for any injury, illness, allergic reaction, food borne illness, death, property damage or economic loss arising from food or beverages prepared, sold or supplied by any Vendor, from the conduct of any Vendor or other user, or from any interaction that takes place away from the Service.

23.3 To the maximum extent permitted by applicable law, our aggregate liability arising out of or in connection with the Service and these Terms, whether in contract, tort including negligence, statute or otherwise, will not exceed the greater of the total amount you have paid to us in the twelve months preceding the event giving rise to the claim and one hundred United States dollars.

23.4 The limitations in this section apply to the fullest extent permitted by law and reflect a reasonable allocation of risk in circumstances where the Service is provided without charge. Nothing in these Terms excludes or limits liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not apply to you in full.

23.5 You agree to indemnify and hold harmless Food Truck Finder L.L.C. and its members, officers, employees, contractors and agents from and against all claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your User Content, your use of the Service, your infringement of the rights of any third party, or, if you are a Vendor, your food business, your Listing, and any product you supply. This obligation does not apply to the extent that the claim arises from our own negligence or wilful misconduct, and it does not apply to a consumer to the extent prohibited by applicable law.

23.6 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us. You must not settle any matter in a way that imposes an obligation on us without our prior written consent.

24. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

24.1 Before commencing any formal proceeding, you agree to contact us at josh@food-truck-finder.com with a written description of the dispute and the relief sought, and to allow us sixty days to attempt to resolve the matter informally. We will do the same before commencing proceedings against you. This step is a condition precedent to commencing arbitration or litigation.

24.2 This section 24.2 to 24.7 applies to users resident in the United States. Any dispute, claim or controversy arising out of or relating to the Service or these Terms that is not resolved informally will be resolved by final and binding individual arbitration administered by a recognised arbitral institution under its consumer arbitration rules then in force. The arbitration will be conducted by a single arbitrator, in the English language, and, unless the parties agree otherwise, by written submissions, by telephone or video conference, or in the county or judicial district in which you reside.

24.3 The Federal Arbitration Act, 9 U.S.C. 1 and following, governs the interpretation and enforcement of this arbitration agreement. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this agreement to arbitrate, except that a court has exclusive authority to decide any challenge to the enforceability of section 24.5.

24.4 Either party may bring an individual claim in a small claims court of competent jurisdiction instead of arbitration, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorised access to the Service.

24.5 All claims must be brought in an individual capacity. You and we each waive any right to participate in a class action, collective action, consolidated action, private attorney general action or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable in respect of a particular claim, that claim, and only that claim, must be brought in court and the remainder of this section continues to apply.

24.6 You may opt out of the arbitration agreement and class action waiver by sending written notice to josh@food-truck-finder.com within thirty days of first accepting these Terms, stating your name, the email address associated with your Account and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms and will not affect your use of the Service.

24.7 Where the arbitration agreement does not apply, or where you opt out, the state and federal courts located in Michigan will have exclusive jurisdiction, and you and we consent to personal jurisdiction and venue there.

24.8 This section 24.8 applies to users resident in Canada. Nothing in these Terms requires a Canadian consumer to arbitrate, waives any right to commence or participate in a class proceeding, or deprives any consumer of recourse to the courts of the province or territory in which the consumer resides, where such a requirement or waiver would be unenforceable under applicable law, including the Consumer Protection Act (Quebec), CQLR c. P-40.1, article 1435 of the Civil Code of Quebec, the Consumer Protection Act, 2002, S.O. 2002, c. 30, Sched. A (Ontario), and comparable provincial and territorial legislation.

24.9 Any claim must be commenced within one year after the claim arises, to the extent permitted by applicable law and except where a longer limitation period applies and cannot be shortened by agreement, including in Quebec.

25. GENERAL PROVISIONS

25.1 These Terms are governed by the laws of the State of Michigan and the federal laws of the United States applicable in it, without regard to conflict of laws principles. If you are a consumer resident in Canada, you retain the benefit of the mandatory consumer protection provisions of the law of the province or territory in which you reside, and, if you reside in Quebec, these Terms are governed by the laws applicable in Quebec.

25.2 The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

25.3 If you are resident in Quebec, it is the express wish of the parties that these Terms and all related documents be drawn up in English. Il est la volonte expresse des parties que la presente convention ainsi que les documents qui s’y rattachent soient rediges en anglais. Where we are required by the Charter of the French Language, CQLR c. C-11, to make a French version available, we will do so.

25.4 You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in whole or in part to an affiliate or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets, on notice to you.

25.5 We will not be liable for any failure or delay in performance caused by an event beyond our reasonable control, including act of God, natural disaster, severe weather, fire, flood, epidemic, war, civil unrest, terrorism, strike, governmental action, failure of telecommunications or internet infrastructure, power failure, cyber attack, or failure of a third party service provider.

25.6 You must comply with all applicable export control and economic sanctions laws, including those administered by the Office of Foreign Assets Control of the United States Department of the Treasury and, in Canada, the Special Economic Measures Act, S.C. 1992, c. 17. You must not use the Service if you are the subject of such sanctions or are located in a jurisdiction subject to comprehensive sanctions.

25.7 If any provision of these Terms is held to be invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect.

25.8 No failure or delay by us in exercising any right constitutes a waiver of that right, and no single or partial exercise prevents any further exercise. A waiver is effective only if given in writing.

25.9 These Terms, together with the documents referred to in section 1.3 and, where applicable, section 1.4, constitute the entire agreement between you and us in relation to the Service and supersede all prior understandings, communications and representations, save that nothing limits liability for fraudulent misrepresentation.

25.10 Nothing in these Terms confers any right on any person other than you and us, except that the persons identified in sections 15.6 and 23.5 may enforce the provisions expressed to be for their benefit.

25.11 Notices to us must be sent to josh@food-truck-finder.com or to Food Truck Finder L.L.C. at 2878 Valley Spring Ln SE, Caledonia, MI, 49316. Notices to you will be sent to the email address associated with your Account or posted within the Service, and will be treated as received on the day of sending.

25.12 You may contact us with any question about these Terms at josh@food-truck-finder.com, or by writing to Food Truck Finder L.L.C., 2878 Valley Spring Ln SE, Caledonia, MI, 49316. Our website is https://www.food-truck-finder.com.