RestaurantSocial.NET Terms & Conditions of Use
The following terms and conditions govern all use of the RestaurantSocial.NET website and all content, services and products available through the website, including, but not limited to, the RestaurantSocial.NET client area (collectively referred to as the Website).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services. If these terms and conditions are considered an offer by Restaurant Social, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Client Area Account.
You are responsible for maintaining the security of your client area account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Restaurant Social, LLC of any unauthorized uses of your account or any other breaches of security. Restaurant Social, LLC will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Contribution to Website.
If you leave comments anywhere on the Website, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, audio, or computer software. By making Content available, you represent and warrant that:
(i) The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
(ii) You have fully complied with any third-party licneses relating to the Content, and have done all things necessary to successfully pass thorugh to end users any required terms.
(iii) The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
(iv) The Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
(v) The Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
By submitting Content to Restaurant Social, LLC for inclusion on our Website, you grant Restaurant Social, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing, promoting, marketing or any other lawful use.
Without limiting any of those representations or warranties, Restaurant Social, LLC has the right (though not the obligation) to, in Restaurant Social, LLC's sole discretion:
(i) refuse or remove any content that, in Restaurant Social, LLC's reasonable opinion, violates any policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Restaurant Social, LLC’s sole discretion. Restaurant Social, LLC will have no obligation to provide a refund of any amounts previously paid under these circumstances.
The Website offers numerous products and services for sale. The Website does not handle payments for these products directly, but rather refers these payments to a secure third-party payment processor which handles all aspects of the payment process. Any payment issues or disputes should be resolved directly with the payment processor. Once we have been notified by the payment processor that a payment has been made, and that the payment has successfully passed a fraud review, access will be granted to the product or service being purchased as soon as possible, however we make no guarantees of timeliness or immediacy.
If you choose to request a download link for the free trial version of RestaurantSocial.NET or purchase a RestaurantSocial.NET license, we will add your email address to the RestaurantSocial.NET Newsletter (as noted on the free trial request page). Our newsletter is designed to keep you up to date with RestaurantSocial.NET-related developments, updates, releases, and other relevant items. You can instantly unsubscribe from this mailing list at any time you like by clicking the unsubscribe link provided in the newsletter email messages. You may also join the newsletter from our blog.
Responsibility of Website Visitors.
By operating the Website, Restaurant Social, LLC does not represent or imply that it endorses any or all of the contributed content, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Restaurant Social, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website.
Copyright Infringement and DMCA Policy.
As Restaurant Social, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by RestaurantSocial.NET.com violates your copyright, you are encouraged to notify Restaurant Social, LLC in accordance with common DMCA policies. Restaurant Social, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Restaurant Social, LLC or others, Restaurant Social, LLC may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Restaurant Social, LLC will have no obligation to provide a refund of any amounts previously paid to Restaurant Social, LLC.
This Agreement does not transfer from Restaurant Social, LLC to you any Restaurant Social, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Restaurant Social, LLC. Restaurant Social, LLC, RestaurantSocial.NET, Restaurant Social, LLC.com, RestaurantSocial.NET.com logo, and all other trademarks, service marks, graphics and logos used in connection with RestaurantSocial.NET.com, or the Website are trademarks or registered trademarks of Restaurant Social, LLC or Restaurant Social, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Restaurant Social, LLC or third-party trademarks.
Restaurant Social, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Restaurant Social, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Restaurant Social, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RestaurantSocial.NET.com client account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a client account, such account can only be terminated by Restaurant Social, LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Restaurant Social, LLC's notice to you thereof; provided that, Restaurant Social, LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided "as is". Restaurant Social, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Restaurant Social, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will Restaurant Social, LLC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to Restaurant Social, LLC under this agreement during the twelve (12) month period prior to the cause of action.
Restaurant Social, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Restaurant Social, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Restaurant Social, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Restaurant Social, LLC, or by the posting by Restaurant Social, LLC of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York, NY, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Restaurant Social, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.