Your use of the Services constitutes your acknowledgement that you have the legal authority to bind yourself or any party you represent to, and your acceptance of, this Agreement including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, and a choice of Georgia law. PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
By connecting with a third-party service (e.g., Facebook or Twitter or LinkedIn), you give Company permission to access and use your information from that service as permitted by that third-party service, and to store your log-in credentials for that third-party service. The Service is not available to any User who has been removed from the Service by Company.
By using the Services, you acknowledge and agree that any materials, ideas or other communications you transmit to Company in any manner and for any reason will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit may be used by Company anywhere, anytime, and for any reason whatsoever.
By registering and/or participating in this Service, you agree and represent as follows:
Information regarding menu items, price, availability and product descriptions contained on this app has been provided by the restaurants and food providers who are solely responsible for the content and accuracy of such information. If the checkout price and the price posted on the app are different, the checkout price will prevail in every case. If you become aware that the website contains inaccurate information, please let Company know at email@example.com.
By using this website to place orders for alcoholic beverages, you understand and agree: (A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least 21 years old; (B) that you are at least 21 years old; (C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages as required by the provider thereof; (D) that sale of alcohol beverages to you is made by the participating restaurants and food providers and NOT by Company; (E) that Company shall not have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages or any consequences thereof; and (F) that, you shall indemnify and hold Company harmless from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys" fees), damages, and liabilities, which arise, result from or are related to: (i) processing of order(s) for alcoholic beverage(s); (ii) purchase of the alcoholic beverage(s); (iii) delivery of the alcoholic beverage(s); (iv) consumption of alcoholic beverage(s), and/or (v) any and all consequences of any of the foregoing.
You may be able to use the Services to order and/or pay for food from restaurants or other food service provider in your area. To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, and/or your billing address. You may also be asked to supply delivery information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company and/or the restaurant from which you are ordering food and/or any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
You agree to pay all charges incurred by you, on your behalf, or by your account through the Services, at the price in effect when such charges are incurred. You are solely responsible for any taxes applicable to your transaction.
ANY PRODUCTS OR SERVICES DESCRIBED THROUGH THE SERVICES ARE OFFERED ONLY IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION PROVIDED THROUGH THE SERVICES IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
You understand and agree that you are charged at the time you place your order for Products or Services. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. Once an order is placed, changes cannot be made to the order.
Company respects the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, Company cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers via the Service, including, without limitation, any Materials posted via the Service. You expressly agree that Company will not be liable for Materials. Company reserves the right, but is not obligated, to remove content from the Service for any reason, including content that Company believe violates these Terms or the Acceptable Use Policy below.
You may only use this website to make legitimate orders or purchases and shall not use this site for any other purpose, including, without limitation, to make any false or fraudulent orders.
This website contains references to names, marks, data, content, products, or services of third parties; links to third-party websites; and descriptions of services and products provided by third parties.
These references, links, and descriptions are provided solely for your convenience. These parties are not under Company’s control, and Company is not responsible for them, or the operation and availability of their websites.
Company may make available an App to access the Service via a mobile device. To use any App you must have a mobile device that is compatible with the Mobile Service. Company does not warrant that any Mobile App will be compatible with your mobile device. Company grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of any App for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use. You may not: (i) modify, disassemble, decompile or reverse engineer the App, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third party or use the App to provide time sharing or similar services for any third party; (iii) make any copies of the App; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or (v) delete the copyright and other proprietary rights notices on the App. You acknowledge that Company may from time to time issue upgraded versions of the App, and may automatically electronically upgrade the version of the App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the App is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the App or any copy thereof, and Company or its third party licensors or suppliers retain all right, title, and interest in and to the App (and any copy of the App). You agree to comply with all United States and foreign laws related to use of the App and the Service. Standard carrier data charges may apply to your use of the App. If any Software is being acquired on behalf of the United States Government, then the following provision applies: Use, duplication, or disclosure of the Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Software originates in the United States, and is subject to United States export laws and regulations. The Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Software and the Service.
Errors in the information contained in the Service sometimes occur. In addition, Company may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." COMPANY AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. COMPANY AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH COMPANY, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPANY AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. COMPANY’S LIABILITY, AND THE LIABILITY OF ITS SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN COMPANY AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
Company is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond Company’s reasonable control.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service. Company shall have no liability to you or any third party should it modify or discontinue any service or an aspect thereof.
Any claim or controversy arising out of or relating to the use of the Service, to the goods or services provided, or to any acts or omissions of other users for which you may contend Company is liable, including but not limited to any claim or controversy as well as the determination of the scope and applicability of this agreement to arbitrate ("Dispute"), shall be finally, and exclusively, settled by arbitration in Fulton County, Georgia, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator. The arbitrator shall be selected pursuant to JAMS rules. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator shall apply the substantive law of the state of Georgia, except that the interpretation and enforcement of this arbitration provision shall be governed by the U.S. Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each part shall bear its own costs and attorneys’ fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Pursuant to 47 U.S.C. Section 230 (d), as amended, Company hereby notifies you that there are commercially available parental control protections (such as computer hardware, software or filtering services) that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://internet-filter-review.toptenreviews.com.
In accordance with California Civil Code Section 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS COMPANY AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
All contents of the Service are copyrighted © 2016 Snapfinger, Inc. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
To request additional rights to content on this app, please contact Company with all specifics necessary for Company to consider and respond to your request at email@example.com.
3025 Windward Plaza
Alpharetta, GA 30005
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS APP AND SERVICE IMMEDIATELY.
Updated on November 7, 2016