Websites 999 Terms of Use

Transcription

1 Websites 999 Terms f Use Websites 999 prvides a website creatin and hsting subscriptin service that prvides restaurant wners with a persnalized restaurant website. Yu (the restaurant wner) have accepted these Terms f Use, which gvern yur use f ur service. Persnally identifying infrmatin is subject t ur Privacy Statement, the terms f which are incrprated herein. Please review ur Privacy Statement t understand ur practices. As used in these Terms f Use, "Website 999 service", "ur service" r "the service" means the persnalized restaurant website creatin service prvided by Websites 999, including all features and functinalities, the Online Ordering System, and user interfaces, as well as all cntent and sftware assciated with ur service. YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH WEBSITES 999 (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). 1. Service 2. Free Trials 1.1 Yur Websites 999 service will cntinue mnth-t-mnth and autmatically renew until terminated. T use the Websites 999 service yu prvide us with ne r mre Payment Methds. "Payment Methd" means a current, valid, accepted methd f payment, as may be updated frm time t time. Yu must cancel yur service befre it renews each mnth in rder t avid billing f the next mnth's service fees t yur Payment Methd (see "Cancellatin" belw). 1.2 We may ffer a number f service plans, including special prmtinal plans r service plans ffered by third parties in cnjunctin with the prvisin f their wn prducts and services. We are nt respnsible fr the prducts and services prvided by such third parties. Sme service plans may have differing cnditins and limitatins, which will be disclsed at yur sign-up r in ther cmmunicatins made available t yu. 2.1 Yur Websites 999 service may start with a free trial. The free trial perid lasts fr ne mnth, r as therwise specified during sign-up, and is intended t allw new restaurants t try the service. 2.2 Free trial eligibility is determined by Websites 999 at its sle discretin and we may limit eligibility r duratin t prevent free trial abuse. 2.3 We will charge yur Payment Methd fr yur mnthly service fees at the end f the free trial perid and yur service will autmatically renew mnthly unless yu cancel yur service prir t the end f the free trial perid. 3. Billing and Cancellatin 3.1 The service fee fr the Websites 999 service any ther charges yu may incur in cnnectin with yur use f the service, such as taxes and pssible transactin fees, will be charged n a mnthly basis t yur Payment Methd n the calendar day crrespnding t the cmmencement f the paying prtin f yur service until yur service is cancelled. Service fees are fully earned upn payment. Websites999.cm 1001 Green Bay Rad #237, Winnetka, IL Inf@websites999.cm

2 3.2 T use the Websites 999 service yu must prvide ne r mre Payment Methds. Yu remain respnsible fr any uncllected amunts. If a payment is nt successfully settled, due t expiratin, insufficient funds, r therwise, and yu d nt cancel yur accunt, we may suspend yur access t the service until we have successfully charged a valid Payment Methd. 3.3 Yu can cancel yur Websites 999 accunt at any time, and yu will cntinue t have access t the Websites 999 service thrugh the end f yur mnthly billing perid. We d nt prvide refunds r credits fr any partial-mnth service perids. Yu are respnsible fr any charges already incurred up until cancellatin. T cancel, please send an t inf@websites999.cm stating that yu wish t cancel. If yu cancel yur service, yur accunt will autmatically clse at the end f yur current billing perid and yur Websites 999 created website will be taken ffline. 3.4 We reserve the right t change ur service plans r adjust pricing fr ur service r any cmpnents theref (including the Online Ordering System) in any manner and at any time as we may determine in ur sle and abslute discretin. Except as therwise expressly prvided fr in these Terms f Use, any price changes r changes t yur service plan will take effect fllwing ntice t yu. 3.5 Payments are nnrefundable and there are n refunds r credits fr partially used perids. Yu must ntify Websites 999 abut any billing prblems r discrepancies within thirty (30) days after they first appear. If yu d nt bring such prblems r discrepancies t us within 30 days, yu agree that yu have waived the right t dispute such prblems r discrepancies. 4. Websites 999 Service 4.1 Yu must be 18 years f age, r the age f majrity in yur prvince, territry r cuntry, t register fr the Websites 999 service. Individuals under the age f 18, r applicable age f majrity, may utilize the service nly with the invlvement f a parent r legal guardian, under such persn's accunt and therwise subject t these Terms f Use. 4.2 Yu agree t use the Websites 999 service, including all features and functinalities assciated therewith, in accrdance with all applicable laws, rules and regulatins, r ther restrictins n use f the service r cntent therein. We may terminate r restrict yur use f ur service if yu vilate these Terms f Use r are engaged in illegal r fraudulent use f the service. 4.3 Websites 999 wns all f the intellectual prperty rights assciated with the website it creates fr yu. Yu agree that wnership f yur Ggle Business Listing will be shared by yu and Websites 999 s that website traffic can be maximized t yur business. Websites 999 is nt respnsible fr marketing yur website. Yu are respnsible fr the accuracy f any menu items, prices, phts, data, links, advertising, trade r service mark, trade name, and any ther infrmatin cntained within yur website. 5. Online Ordering System 5.1 Websites 999 has partnered with imenu360 t prvide restaurant wners with an rdering system frm which restaurant patrns can place nline web rders and the restaurant receives the details f the rder via a mbile device r ther electrnic Websites999.cm 1001 Green Bay Rad #237, Winnetka, IL Inf@websites999.cm

3 means ( Online Ordering System ). Use f the Online Ordering system is ptinal and separate frm the Websites 999 website creatin and hsting service. If yu chse t accept nline rders frm yur Websites 999 created website (r a nn-websites 999 created website), yu agree t the terms in this Sectin Yu assume all respnsibility fr accepting and cnfirming any rders that are received thrugh the nline rdering system. 5.3 There is n setup fee fr using the Online Ordering System. The cst f using the Online Ordering system is five percent (5%) f the ttal amunt f net sales prcessed thrugh the Online Ordering System. 5.4 Yu may accept credit cards as payment fr rders placed thrugh the Online Ordering System via imenu360 s merchant prcessing accunt. imenu360 will charge yu 2.99% + $.25 per transactin t prcess the transactin. imenu360 depsits credit card prcessing funds t the merchant n a weekly basis via an ACH depsit t yur bank accunt n file. All fees fr imenu360 s service are taken ut n the 5 th day f the fllwing mnth fr the previus mnths activity. 5.5 Yu may pt t prcess credit cards thrugh yur wn third party credit card prcessr (and nt imenu360s merchant prcessing accunt). In this case, yu will be respnsible fr the enrllment and fees assciated with the credit card gateway accunt. 5.6 Yu are slely respnsible fr any credit card chargebacks frm yur credit card prcessing activity and will remain liable t imenu360 fr any uncllected chargeback amunts. Yu will immediately reimburse imenu360 fr any uncllected chargebacks. 5.7 Websites999 r imenu360 may prvide yu with a tablet and/r receipt printer alng with ther peripherals (cllectively, the Hardware ) fr an additinal mnthly fee. Yu shall have n right, title, r interest in r t the Hardware except the right t use the Hardware during the term and pursuant t the cnditins in this agreement. Yu shall immediately ntify Websites999 f any prblems with the Hardware, and shall use best effrts t wrk with Websites999 t reslve the prblems. Upn cancellatin f service by yu, r at any ther time upn demand by Websites999, yu, at yur sle expense shall return the Hardware t Websites Disclaimers f Warranties and Limitatins n Liability 6.1 THE WEBSITES 999 SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE WEBSITES 999 SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WEBSITES 999 DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE WEBSITES 999 SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WEBSITES 999 SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS. 6.2 TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WEBSITES 999 OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. Websites999.cm 1001 Green Bay Rad #237, Winnetka, IL Inf@websites999.cm

4 6.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 6.4 NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 7. Arbitratin Agreement 7.1 If yu utilize Websites 999 s service in the United States (including its pssessins and territries), yu and Websites 999 agree that any dispute, claim r cntrversy arising ut f r relating in any way t the Websites 999 service, these Terms f Use and this Arbitratin Agreement, shall be determined by binding arbitratin r in small claims curt. Arbitratin is mre infrmal than a lawsuit in curt. Arbitratin uses a neutral arbitratr instead f a judge r jury, allws fr mre limited discvery than in curt, and is subject t very limited review by curts. Arbitratrs can award the same damages and relief that a curt can award and nthing in this Arbitratin Agreement shall be interpreted as limiting any nn-waivable statutry rights. Yu agree that, by agreeing t these Terms f Use, the U.S. Federal Arbitratin Act gverns the interpretatin and enfrcement f this prvisin, and that yu and Websites 999 are each waiving the right t a trial by jury r t participate in a class actin. This arbitratin prvisin shall survive terminatin f this Agreement and the terminatin f yur Websites 999 service. 7.2 If yu elect t seek arbitratin r file a small claim curt actin, yu must first send t Websites 999, by certified mail, a written Ntice f yur claim ("Ntice"). The Ntice t Websites 999 must be addressed t: General Cunsel, 955 Eastwd Rd Glence IL ("Ntice Address"). If Websites 999 initiates arbitratin, it will send a written Ntice t the address used fr yur membership accunt. A Ntice, whether sent by yu r by Websites 999, must (a) describe the nature and basis f the claim r dispute; and (b) set frth the specific relief sught ("Demand"). If Websites 999 and yu d nt reach an agreement t reslve the claim within 30 days after the Ntice is received, yu r Websites 999 may cmmence an arbitratin prceeding r file a claim in small claims curt. 7.3 The arbitratin will be gverned by the Cmmercial Arbitratin Rules (the "AAA Rules") f the American Arbitratin Assciatin ("AAA"), as mdified by this Agreement, and will be administered by the AAA. The AAA Rules and Frms are available nline at by calling the AAA at , r by writing t the Ntice Address. The arbitratr is bund by the terms f this Agreement. All issues are fr the arbitratr t decide, including issues relating t the scpe and enfrceability f this arbitratin agreement. Unless Websites 999 and yu agree therwise, any arbitratin hearings will take place in the cunty (r parish) f yur residence. The arbitratr's award shall be final and binding n all parties, except (1) fr judicial review expressly permitted by law r (2) if the arbitratr's award includes an award f injunctive relief against a party, in which case that party shall have the right t seek judicial review f the injunctive relief in a curt f cmpetent jurisdictin that shall nt be bund by the arbitratr's applicatin r cnclusins f law. Websites999.cm 1001 Green Bay Rad #237, Winnetka, IL Inf@websites999.cm

5 8. Miscellaneus 7.4 YOU AND WEBSITES 999 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless bth yu and a Websites 999 agree therwise, the arbitratr may nt cnslidate mre than ne persn's claims with yur claims, and may nt therwise preside ver any frm f a representative r class prceeding. If this specific prvisin is fund t be unenfrceable, then the entirety f this arbitratin prvisin shall be null and vid. 8.1 These Terms f Use shall be gverned by and cnstrued in accrdance with the laws f the state f Illinis, U.S.A. withut regard t cnflict f laws prvisins. These terms will nt limit any cnsumer prtectin rights that yu may be entitled t under the mandatry laws f yur state f residence. 8.2 If any prvisin r prvisins f these Terms f Use shall be held t be invalid, illegal, r unenfrceable, the validity, legality and enfrceability f the remaining prvisins shall remain in full frce and effect. 8.3 Websites 999 may, frm time t time, change these Terms f Use. Such revisins shall be effective immediately; prvided hwever, fr existing members, such revisins shall, unless therwise stated, be effective 30 days after psting. We may assign ur agreement with yu t any affiliated cmpany r t any entity that succeeds t all r substantially all f ur business r assets related t the applicable a Websites 999service. 8.4 We will send yu infrmatin relating t yur accunt (e.g. payment authrizatins, invices, changes in passwrd r Payment Methd, cnfirmatin messages, ntices) in electrnic frm nly, fr example via s t yur address prvided during registratin. Yu agree that any ntices, agreements, disclsures r ther cmmunicatins that we send t yu electrnically will satisfy any legal cmmunicatin requirements, including that such cmmunicatins be in writing. 8.5 Yu agree t defend, indemnify and hld harmless Websites 999, its parent entities, subsidiaries, third party vendrs, affiliates, fficers, and emplyees, frm any and all claims and demands, including attrneys fees, due t r arising frm yur use f the service and any ther cnduct related in any way t the service, including but nt limited t breaching any prvisin cntained in these Terms f Use. Websites999.cm 1001 Green Bay Rad #237, Winnetka, IL Inf@websites999.cm