Term Of Service

Term Of Service Last Updated: 11/2/2019 JoinMunch By signing up for, accessing, or using Munch (the “Service”) or any of its related services, you are agreeing to be bound to the following terms and conditions (“Terms”). Any new features or tools which are added to the current Service shall be also subject to these Terms. You can review the most current version of these Terms at https://app.joinmunch.com/termofservice. Munch reserves the right to update and change these Terms by posting updates and changes to JoinMunch.com and its client support system. Your use of, or participation in, certain parts of the Service may be subject to additional terms, and such terms will be either listed in these Terms or will be presented to you for your acceptance when you sign up to use such Services or purchase such products. THESE TERMS AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE AND REPRESENT THAT YOU HAVE READ, UNDERSTAND AND ARE FULLY ABLE AND COMPETENT TO ACCEPT THESE TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. The terms and conditions below limit our liability and obligations to you and allow us to change, suspend or terminate your access to and use of the Service at any time in our sole discretion. It is your responsibility to read the following terms and conditions: Account Terms: When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You understand that you are entirely responsible for safeguarding the password that you use to access the Service and for any activities or actions under your account, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Munch will not be liable for any loss that you incur as a result of someone else using your account or your password. You may not use as a username or nickname the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, a name that is otherwise offensive, vulgar or obscene, or a name that deceives or otherwise misleads others to believe you are someone that you are not. License: The Service allows you to post, link, store, share and otherwise make available certain information, messages, communications, text, graphics, images, audio, video, or other material (“Content”). You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness. You retain ownership rights in your Content. However, you hereby grant us an irrevocable, transferable, paid-up, royalty-free, perpetual, non-exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Content in connection with Munch’s or its partners’ or affiliates’ business and in all forms of media now know or hereafter invented without notification to and/or approval by you. Further, if you provide any suggestions, input, or other feedback relating to the Service (collectively, the “Feedback”), Munch shall have the right to freely and fully exercise and exploit the Feedback in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you. Accordingly, you hereby grant Munch a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use the Feedback for any purpose. The Service contains content owned or licensed by Munch (“Munch Content”). Munch Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Munch, Munch owns and retains all rights in the Munch Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying the Munch Content. Also, you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Munch Content. These Terms grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service only for its intended use. We may terminate this license at any time for any reason whatsoever. Availability, Errors, and Inaccuracies: Munch constantly updates its offerings of products and services on the Service. The products or services available on the Service may be described inaccurately, or unavailable, and Munch may experience delays in updating information on the Service and in its advertising on other web sites. Munch cannot and does not guarantee the accuracy or completeness of any information, including availability and services. While we strive to ensure that the Service works as intended, Munch cannot and will not guarantee that its Service will work as intended and that messages will be sent and received as scheduled. Munch expressly disclaims any and all liability as a result of delayed, lost, or unsent messages or errors associated with the content or Service. Munch reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. The Service depends on various factors such as software, hardware, and communications networks, and other factors outside of its control. You understand that Munch does not guarantee that the Service will be uninterrupted or that it will be timely, secure and error-free. Payment of Fees: • A valid credit card is required to process orders beyond the trial period. • The service will be billed in 30-day intervals. • All fees are exclusive of all federal, state or other governmental sales, goods, and services, or other taxes, fees or charges now in force or enacted in the future (“Taxes”). • Munch does not provide refunds. Prohibited Content: We reserve the right to monitor any and all communication through the Service. By using the Service, you understand and agree that the following behavior is strictly prohibited and/or illegal and is not permitted at any time while using the Service: • Using vulgar, offensive or obscene language. • Sending or requesting sexually explicit images or other offensive content. • Harassing, threatening, or embarrassing another user. • Infringing on another’s intellectual property, including, but not limited to, any copyright, trademark, rights of publicity, or other proprietary rights. • Impersonating or attempting to represent any employee of Munch or Munch itself. • The exploitation of a minor (anyone under the age of 18). • Using racially, religious or sexually offensive language. • Transmitting any virus, worm, Trojan Horse, or other harmful or disruptive component. • Engaging in any other conduct that would be considered a criminal offense, give rise to civil liability or violate any law or regulation. • Invading the privacy of any other person. You understand that if you cause or participate in any of the above-mentioned activities while using the Service, your account will be terminated and your actions may be reported to the proper authorities. Cancellation and Termination: • You may cancel your account at any time by removing your card from Munch. • Once your account is canceled all of your Content may be immediately deleted from the Service. The deletion of all data is final and irreversible. Please be sure that you do in fact want to cancel your account before doing so. • If you cancel the Service in the middle of the month, you will still have use of your account through the end of your billing cycle. Your account will be canceled at the end of your billing cycle. • We reserve the right to modify or terminate the Service for any reason, without notice at any time. • Fraud: Without limiting any other remedies, Munch may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site. • All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Prices; Modification: • Prices for using Munch are subject to change upon 14 days’ notice from Munch. Such notice may be provided at any time by posting the changes to the Munch Site (JoinMunch.com) or via notification to the administration menu of your Munch store. • Munch shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. • All services offered in the Munch marketplace are offered through Munch and its partners. Munch shall reserve the right to collect and/or disperse all revenue to and from all clients, merchants & vendors. • If you choose to hide either special instructions or delivery instructions, you further accept full liability for any issues that may arise from the intentional limitation of information transmitted by your customer via orders including but not limited to: inability to deliver food successfully due to missing relevant delivery information, accidental injury or death from allergy issues, customer complaints, negative experiences, and more. Compliance with Laws: You agree that you will not use the Service for any prohibited purpose. It is your sole responsibility to ensure that your use of the Service complies with all laws, rules, and regulations applicable to you. In addition, you acknowledge that to use the Service, (i) the Content must be yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. Copyright Complaints: Munch respects the intellectual property of others. If you are a trademark or the copyright owner and you believe that your rights have been violated in any way, please notify us of your claim of infringement by sending the following written information to our designated copyright agent: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; • Information reasonably sufficient to permit us to contact you such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Munch’s copyright agent for notice of claims of copyright infringement can be reached at: MunchNow 1010 Hurley Way Ste 105 Sacramento, CA 95825 team@munchnow.com Indemnification: To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Munch, its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), arising out of: (i) your use and access of the Service, by you or any person using your account and password; (ii) a violation or breach of these Terms or any other agreement that governs your use of the Service; (iii) a violation of any of your representations or warranties in these Terms, (iv) a violation of any law or the rights of any third party, including, without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; or (v) any user Content, third-party content, third-party sites and any other content which you posted or uploaded on the Service. DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIED OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MUNCH NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, EMPLOYEES, MANAGERS, OFFICERS, OR AGENTS (COLLECTIVELY, THE “MUNCH PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) MUNCH CONTENT; (C) CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM MUNCH OR VIA THE SERVICE. IN ADDITION, THE MUNCH PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE MUNCH PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MUNCH PARTIES DO NO MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE MUNCH PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MUNCH PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. MUNCH RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. MUNCH DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION. THE MUNCH PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM ANY CONTENT. LIMITATION OF LIABILITY; WAIVER: UNDER NO CIRCUMSTANCES WILL THE MUNCH PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) MUNCH CONTENT; (C) CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE MUNCH PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. FURTHER, THE MUNCH PARTIES SHALL NOT BE LIABLE FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE MUNCH PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE MUNCH PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE MUNCH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE MUNCH PARTIES ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE MUNCH PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. Exclusions: Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Munch must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred. Governing Law: You expressly agree that these Terms and any dispute arising out of these Terms or use of the Service shall be governed, construed, and enforced in accordance with the laws of New York, United States, without regard to its conflict of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). You further agree and consent to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts located in Suffolk, New York, for the resolution of any such dispute and you agree and submit to personal jurisdiction in such courts. In addition, you forever waive any argument or defense based on personal jurisdiction, venue, or forum nonconveniens. CLASS ACTION WAIVER: IN ANY DISPUTE, NEITHER YOU NOR ANY OTHER PERSON SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. YOU ACKNOWLEDGE THAT YOU ARE GIVING UP YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIM. Links to Other Web Sites: The Service may contain links to or other content related to third-party web sites or services that are not owned or controlled by Munch. Munch has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. Munch is not responsible for the availability or content of such third-party links, web sites, products or services. You further acknowledge and agree that Munch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Privacy: Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms. By using or accessing the Service, you agree to be bound by the terms of the Privacy Policy. Miscellaneous Terms: Munch’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible and the remaining provisions of these Terms will remain in effect. You may not assign your rights or obligations under these Terms without Munch’s prior written consent and any attempt to do so without such consent will be null and void and given no force or effect. Munch may assign its rights under these Terms without condition. Changes: Munch reserves the right, at its sole discretion, to modify or replace these Terms at any time, without notification. It is your responsibility to review the latest Terms before you use the Service. By continuing to access or use the Service after new Terms become effective, you agree to be bound by the new Terms. If you do not agree to the new Terms, please stop using the Service. Contact Us: If you have any questions about these Terms prior to accepting, please contact us at 18664920970.