The websites located at [___], and the Company Mobile Application (collectively, the “Website”), and all the content contained therein, is copyrighted work belonging to the Company. The Company grants you the right to use the Website subject to the Terms set forth below.
PLEASE NOTE: The Company’s Website is technology (the “System”) that helps individuals place restaurant orders, and helps restaurants deliver food to such individuals more efficiently. As described further herein, the Company makes no claims, guarantees, warrantees or promises regarding the efficacy of the System.
Product Offerings: Please be aware that some products, services, or product features described on the Website may not be available in your jurisdiction and generally may not be available outside of the United States. The laws of each country, state, and/or territory may differ and not all Company products or Services are available in all locations. References to Company products or Services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on the Website shall be considered a solicitation to buy or sell a service to any person in any jurisdiction where such offer or solicitation, purchase or sale would be unlawful under the laws of that jurisdiction.
From time to time, the Company may post certain articles to the Website, which may or may not have been written by the Company. Similarly, from time to time, certain Users may be granted access to, and may access, certain Company blogs, Websites, or communal discussion boards (i.e. message boards, chat-rooms, etc.,) (“Supplemental Content”). This Supplemental Content shall be considered Content for the purpose of this Agreement between the Company and the User.
Trademarks: All trademarks, logos, URLs and domain names and service marks (each a “Mark” and collectively the “Marks“), registered or not, displayed on the Website are property of the Company or otherwise the property of third parties. You are not permitted to use, copy, download, display, transmit or modify any of these Marks in any way without the prior written consent of the rightful owner of the Mark, whether the rightful owner be the Company or a third party. You may not include the Company name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between you and the Website or the Company.
Modification: The Company reserves the right, at any time, to modify the Website, the Services, and/or the Content or to modify, suspend, or discontinue the Website, the Services, and/or the Content, or any part thereof with or without notice. You agree that The Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, the Services, and/or the Content.
Promotions, Discounts and Sweepstakes: Promotions, incentive or referral programs and discounts (collectively, “Promotions”) that may be made available from time to time on the Website are offers that are limited in time and scope and are void where prohibited or restricted by applicable law, rule or regulation. Without limiting the foregoing and in addition thereto, CurbnGo reserves the right, in its sole discretion, to cancel, terminate, modify or suspend any Promotions, in each case, in whole or in part, at any time without notice and for any or no reason, whether or not the User has benefited from such Promotion being terminated, modified or suspended. No Promotion shall have any cash value apart from its intended use in connection with the Website.
Third Party Links and Content: From time to time, The Website may provide information from or contain links to other websites, operated by third parties. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company website or its owner, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party websites or the accuracy of the content contained therein. Such third party websites, and any content contained therein, including but not limited to any opinions, advice, statements, services, offers, or other information expressed or offers made available by a third party or any link contained in a third party website (the “Third Party Content”), are the content of the third party and not under the control of the Company. If you decide to access any Third Party Content linked to or from the Website, you do this entirely at your own risk. Third party websites are subject to their own terms and policies, including privacy and data gathering practices. The Company assumes no responsibility for Third Party Content.
WARRANTY DISCLAIMER: THE COMPANY IS PROVIDING THE WEBSITE AND THE WEBSITE CONTENT, INCLUDING ALL SOCIAL MEDIA CONTENT, AND ANY RELATED CONTENT, AND THE SERVICES (as defined herein), ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENT OR THE INFORMATION PROVIDED ON THE WEBSITE. INFORMATION AT THIS WEBSITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS WEBSITE AND MAY CONTAIN ERRORS. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, USEFULNESS OR EXPECTED RESULTS OF THE CONTENT, SERVICES, PRODUCTS OR FUNCTIONS PROVIDED ON THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN WHICH EVENT ANY REQUIRED WARRANTY APPLIES TO THE MINIMUM EXTENT LEGALLY REQUIRED.
BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE YOUR FULL AND UNCONDITIONAL UNDERSTANDING AND AGREEMENT THAT THE ADMINISTRATION OF THE SERVICES INVOLVES WORKING WITH A UNIQUE INDIVIDUAL AND THAT, THEREFORE, NO SPECIFIC RESULTS ARE GUARANTEED TO BE ATTAINABLE AND THAT PRIOR RESULTS OF OTHER OF THE COMPANY’S CLIENTS ARE NOT INDICATIVE OF WHAT YOUR RESULTS MAY OR MAY NOT BE. FURTHER, BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES OR BOTH AND, YOU VOLUNTARILY, HEREBY (I) CONFIRM THAT NO WARRANTY, GUARANTEE OR OTHER ASSURANCE HAS BEEN MADE TO YOU IN CONNECTION WITH THE SERVICES OR THE WEBSITE, AND (II) AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY CONSEQUENCES OF THE SERVICES PROVIDED.
IN THE CASE OF ANY CONFLICT BETWEEN ANY OF THE LANGUAGE CONTAINED HEREIN, AND ANY SUBSEQUENT AGREEMENT ENTERED INTO BETWEEN YOU AND THE COMPANY, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LANGUAGE OF SUCH SUBSEQUENT AGREEMENT WILL CONTROL, UNLESS STATED OTHERWISE IN THAT SUBSEQUENT AGREEMENT.
Indemnity: You agree to, at your own expense, indemnify, defend and hold harmless the Company, its affiliates, employees, representatives, agents, subsidiaries, licensors, suppliers, partners, officers and directors, from and against any and all claims, costs, damages, liabilities, fees and expenses (including reasonable attorneys’ fees) (“Claims”) arising from any third-party claim, action, suit or proceeding, to the extent that such Claim arises out of or relates to any (i) act or omission by you, your affiliates, your related parties, or your representatives, relating to the Content or the Website and/or otherwise in connection with this Agreement, affecting or relating to any third-party, (ii) your use of the Services, (iii) your violation of applicable laws, rules or regulations in connection with your use of the Services, (iv) your Feedback, use of or contribution to the Content. In such case, the Company will provide you with written notice of such claim, suit or action.
Payment and Refunds: The fee for the Services is billed to the User on a per transaction basis. There will be no refunds for any Services paid for, for any reason. In order to ensure equal treatment of all Users, no exceptions will be made to this policy in any circumstance.
Monitoring Use: The Company reserves the right to monitor any and all use of the Website, in its sole discretion. However, unless required by law, the Company has no obligation toward any User to conduct such monitoring or take any action based on any monitoring the Company may conduct. In addition, the Company reserves the right to make record of any interaction with the Website, and the Content therein, by any User or other person, without providing notice to such User or person of such recordation.
The Company may, at any time, terminate your use of the Services (A) if you have breached any of the terms of this Agreement (or have acted in a manner which indicates that you do not intend to, or are unable to comply with this Agreement); (B) if the Company is required to do so by law; and (C) upon thirty days prior written notice, for any reason. Upon written notice by the Company to any User of such User’s failure to adhere to, or reasonably close to its User Plan, or to the Company’s guidelines for the use of the Services as set forth herein and otherwise agreed to by the User and the Company, such User shall have ten (10) days, or an otherwise reasonable period in the Company’s sole direction, to resume adherence to the Services guidelines (“Cure Period”), after which Cure Period, continued failure by such User shall constitute grounds for immediate termination of the User’s use of the Services by the Company.
Security: Users should be aware that in general, information sent through the Internet is not secure. Email services that may be provided through this Website generally are not encrypted and do not provide a secure and private means of communication with us. Certain Services offered on this Website do provide a secure means to communicate with us. For certain types of communications through this Website, we may require the use of encryption technologies provided for your protection and/or require you to use User identification information (the “User ID”) and passwords. You are responsible for the confidentiality and use of your User ID, password, and any other information that the Company or the Website may request or require, from time to time. If you become aware of any loss, theft or unauthorized use of your User ID, password or any other information that the Company or the Website may request or require from time to time, you must immediately notify the Company.