1. What VendorWheel Is
VendorWheel is an online marketplace and community platform designed to help participants in the mobile food industry discover and connect with one another.
The Platform may include listings and information concerning food trucks, mobile food businesses, locations where food trucks may operate (“Wheel Spots”), commissaries and commercial kitchens, catering and event opportunities, food trucks and trailers available for rent or lease, service providers, equipment, and other businesses, resources, or opportunities relevant to the mobile food community.
VendorWheel provides the platform for these parties to find and communicate with one another. VendorWheel generally does not provide the underlying products or services advertised through the Platform.
Unless expressly identified as a service being provided directly by VendorWheel, VendorWheel is not a food truck operator, caterer, restaurant, event organizer, booking agency, employment agency, property owner, landlord, parking operator, commissary operator, commercial kitchen, equipment dealer, rental company, repair provider, insurance provider, licensing or permitting service, payment processor, broker, escrow service, or other provider represented by users of the Platform.
2. VendorWheel Is Not a Party to User Transactions
Users may discover one another through VendorWheel and subsequently enter into agreements, bookings, rentals, catering arrangements, parking arrangements, service agreements, purchases, leases, or other transactions.
Those arrangements are between the participating users or businesses.
Unless VendorWheel expressly states otherwise in writing, VendorWheel is not a party to those agreements or transactions.
Users are solely responsible for determining the terms of their transactions, including pricing, deposits, availability, cancellation policies, service requirements, payment methods, insurance requirements, damages, refunds and other contractual terms.
VendorWheel does not guarantee that a transaction will occur or that either party will perform its obligations.
3. Payments, Deposits, Cancellations and Refunds
Users may agree to make payments directly to other users or businesses discovered through VendorWheel.
Unless VendorWheel expressly identifies a payment as a fee payable directly to VendorWheel, payments between users are not payments to VendorWheel.
VendorWheel is not responsible for:
- deposits paid to another user or business;
- catering payments;
- parking or location fees;
- commissary or kitchen fees;
- rental or lease payments;
- payments to service providers;
- cancellations;
- refunds;
- chargebacks;
- payment disputes;
- damaged property;
- unperformed or unsatisfactory services; or
- recovering money paid to another party.
VendorWheel does not act as an escrow agent and does not guarantee payment, performance, reimbursement or refunds between users.
If a dispute arises concerning a transaction between users, the parties involved are responsible for resolving that dispute.
VendorWheel may choose to assist with communications or investigate conduct that may violate these Terms, but VendorWheel has no obligation to mediate, arbitrate, adjudicate or resolve private disputes between users.
4. VendorWheel Fees
VendorWheel may charge fees for certain services provided directly by VendorWheel, including memberships, subscriptions, enhanced listings, advertising, promotional placement, verification services, platform features or other services.
VendorWheel fees are separate from transactions between users.
Any applicable pricing, billing, cancellation and refund terms for VendorWheel-provided paid services may be presented at the time of purchase or described in additional terms applicable to that service.
5. Listings and Information
VendorWheel contains information submitted by users as well as information obtained from publicly available sources, third-party data sources or other lawful sources.
Some businesses may appear on VendorWheel before the business owner has created an account or claimed the listing.
VendorWheel does not guarantee that listing information is complete, accurate, current or error-free.
Business hours, addresses, availability, services, prices, contact information, operating locations, menus, licensing information and other details may change without notice.
Users should independently confirm information before relying upon it.
6. Unclaimed Listings
An Unclaimed Listing generally indicates that the listing has not yet been claimed and managed through a VendorWheel account by a person representing that business or listing.
The presence of an unclaimed listing does not imply that the business has registered with, endorsed, partnered with or approved VendorWheel.
Businesses may be permitted to claim eligible listings subject to VendorWheel’s claim procedures.
VendorWheel may request information reasonably necessary to determine whether a claimant is authorized to represent the listing.
VendorWheel reserves the right to approve, reject, revoke or investigate listing claims.
7. Claimed and Verified Listings
A Claimed designation generally means that a person representing the listing has completed VendorWheel’s applicable claim process.
Claimed status does not constitute certification, endorsement or a guarantee by VendorWheel.
VendorWheel may also offer one or more verification badges or statuses.
A verification badge means only that the specific verification steps described for that badge were completed at the time the badge was issued.
Unless expressly stated otherwise, VendorWheel verification does not guarantee:
- identity beyond the verification performed;
- ownership;
- licensing or permit status;
- insurance coverage;
- food safety;
- legal compliance;
- financial condition;
- service quality;
- equipment condition;
- availability;
- reliability;
- pricing;
- future conduct; or
- successful completion of a transaction.
Verification information can become outdated after verification occurs.
Users remain responsible for performing their own due diligence.
8. Featured, Sponsored and Promotional Listings
VendorWheel may offer featured listings, sponsored placements, advertisements or other promotional opportunities.
Payment for promotional placement does not constitute VendorWheel verification, certification or endorsement unless expressly stated otherwise.
Sponsored or promotional content may receive enhanced visibility on the Platform.
9. User Responsibility and Due Diligence
Users are responsible for evaluating the people, businesses, properties, equipment and opportunities they encounter through VendorWheel.
Depending upon the transaction, users should independently evaluate matters such as identity, business ownership, references, reputation, permits, licenses, health requirements, food-service requirements, insurance, property authorization, zoning, equipment condition, vehicle condition, pricing, contracts and payment terms.
VendorWheel does not replace professional, legal, financial, insurance, regulatory or safety advice.
10. Wheel Spots and Property Listings
VendorWheel may allow property owners, businesses, venues, event organizers or other users to identify locations where food trucks may potentially operate.
VendorWheel does not guarantee that a Wheel Spot is legally suitable or available for food truck operations.
Listing a location does not constitute confirmation that food truck operations are permitted by zoning laws, health regulations, fire codes, property restrictions, leases, homeowners associations, municipal requirements or other applicable rules.
Food truck operators and location providers are responsible for determining applicable requirements and obtaining necessary approvals.
VendorWheel is not responsible for towing, parking citations, property damage, injuries, access restrictions, utility availability or disputes arising from the use of a location.
11. Wheel Opportunities
VendorWheel may display catering requests, vendor opportunities, festivals, markets, events, recurring service opportunities, private-event requests and other opportunities.
VendorWheel does not guarantee that an opportunity remains available, that the person posting it has authority to offer it, that an applicant will be selected, that attendance or revenue projections will be achieved, or that any resulting agreement will be performed.
Users should independently verify opportunities before committing resources or making payments.
12. Commissaries and Commercial Kitchens
Listings concerning commissaries or commercial kitchens are provided for discovery purposes.
VendorWheel does not operate listed facilities unless expressly stated otherwise and does not guarantee their licensing, inspection status, availability, cleanliness, equipment, regulatory compliance, pricing or suitability for a particular operation.
Users are responsible for verifying facility requirements and applicable regulations.
13. Food Trucks, Trailers and Equipment for Rent or Lease
VendorWheel may allow users to advertise food trucks, trailers, mobile food units or related equipment for rent or lease.
VendorWheel is not the owner, dealer, lessor or rental operator unless expressly stated otherwise.
VendorWheel does not inspect or guarantee the mechanical condition, safety, roadworthiness, title, ownership, regulatory compliance, insurance status or suitability of listed equipment.
Renters and owners are responsible for inspections, contracts, deposits, insurance, damage arrangements and all other aspects of their transaction.
14. Service Providers
VendorWheel may contain listings for maintenance, repair, cleaning, insurance, licensing assistance, professional services, towing, photography, training and other services.
Unless expressly stated otherwise, these providers are independent third parties.
VendorWheel does not supervise their work and does not guarantee their qualifications, licensing, insurance, workmanship, pricing or results.
15. Accounts
You are responsible for maintaining accurate account information and protecting your account credentials.
You are responsible for activities conducted through your account unless prohibited by applicable law.
You may not impersonate another person or business, create misleading accounts, claim a listing you are not authorized to represent or use VendorWheel for fraudulent purposes.
16. User Content
Users may submit listings, descriptions, photographs, reviews, comments, messages, business information and other materials (“User Content”).
You retain ownership of your User Content, subject to the license granted below.
By submitting User Content, you grant VendorWheel a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, format, adapt and distribute that content as reasonably necessary to operate, promote and improve VendorWheel.
You represent that you have the rights necessary to submit the content.
VendorWheel may remove or restrict content that violates these Terms, applicable law, third-party rights or VendorWheel policies.
17. Reviews and Community Content
Reviews and other opinions expressed by users belong to the users who submit them and do not necessarily represent VendorWheel’s views.
Users may not knowingly submit false reviews, reviews in exchange for undisclosed compensation, defamatory content, threats, harassment or reviews intended to manipulate ratings.
VendorWheel may moderate content but is not obligated to monitor every submission.
18. Prohibited Conduct
You may not use VendorWheel to engage in fraud, impersonation, harassment, unlawful discrimination, spam, deceptive advertising, intellectual-property infringement, illegal transactions, unauthorized data collection, malicious software distribution, manipulation of reviews or ratings, or other unlawful or abusive activity.
You may not interfere with the Platform’s operation or attempt unauthorized access to VendorWheel systems or accounts.
19. Third-Party Websites and Services
VendorWheel may link to or integrate with third-party websites, maps, payment providers, social networks and other services.
Those services are operated independently and may have their own terms and privacy policies.
VendorWheel is not responsible for third-party websites or services merely because they are accessible through VendorWheel.
20. No Warranty
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDORWHEEL AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
VENDORWHEEL DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY AND RELIABILITY.
VendorWheel does not guarantee uninterrupted operation, particular results, successful transactions or the accuracy of user-provided information.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VENDORWHEEL AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES OR LOSS ARISING FROM TRANSACTIONS BETWEEN USERS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VENDORWHEEL’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID DIRECTLY TO VENDORWHEEL DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) $100.
Some jurisdictions do not permit certain limitations, so portions of this provision may not apply to you.
22. Indemnification
To the extent permitted by law, you agree to defend, indemnify and hold harmless VendorWheel and its owners, officers, directors, employees, contractors, affiliates and agents from claims, liabilities, damages, losses and reasonable expenses arising from or related to your User Content, listings, transactions with other users, violation of these Terms, violation of law, or infringement of another person’s rights.
23. Suspension and Termination
VendorWheel may suspend, restrict or terminate accounts, listings or access to the Platform when reasonably necessary to enforce these Terms, protect users or the Platform, respond to legal requirements, investigate suspected fraud or abuse, or protect VendorWheel’s legitimate interests.
24. Copyright and Intellectual Property
VendorWheel’s name, logos, design, software, original content and other proprietary materials are owned by VendorWheel or its licensors and are protected by applicable intellectual-property laws.
Nothing in these Terms transfers ownership of VendorWheel intellectual property to users.
If you believe content appearing on VendorWheel infringes your intellectual-property rights, you may contact VendorWheel using the information provided below.
25. Informal Dispute Resolution
Before initiating arbitration, a party must provide written notice describing the dispute and requested resolution.
The parties will attempt in good faith to resolve the dispute informally for at least 30 days after receipt of the notice before initiating arbitration, except where immediate relief is legally necessary.
26. Individual Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for disputes eligible for small-claims court and other matters that applicable law permits to be excluded from arbitration, disputes arising from or relating to these Terms or use of VendorWheel will be resolved through binding arbitration on an individual basis rather than in court.
The arbitration will be administered pursuant to the applicable consumer or commercial arbitration rules of a nationally recognized arbitration provider designated in accordance with applicable law and these Terms.
The arbitrator may award relief available to an individual party under applicable law.
Nothing in this section prevents either party from seeking appropriate temporary or injunctive relief where permitted by law.
27. Class and Representative Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND VENDORWHEEL AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION.
Neither an arbitrator nor a court may consolidate individual claims except where applicable law requires otherwise.
28. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except where federal law or other applicable law controls.
For disputes that are not subject to arbitration, the parties consent to the jurisdiction of appropriate state or federal courts located in Texas, subject to applicable jurisdiction and venue requirements.
29. Changes to These Terms
VendorWheel may update these Terms periodically.
When changes are made, VendorWheel may update the “Last Updated” date and provide additional notice when required by law.
Continued use of the Platform after revised Terms become effective constitutes acceptance to the extent permitted by applicable law. When legally required or when VendorWheel determines a change is material, VendorWheel may require users to affirmatively accept revised Terms.
30. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain effective to the fullest extent permitted by law.
31. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms expressly applicable to a VendorWheel service, constitute the agreement between you and VendorWheel concerning your use of the Platform.
32. Contact VendorWheel
Questions concerning these Terms may be directed to:
VendorWheel
Texas, United States
Email: Legal@VendorWheel.com