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Terms of Use
- The User Agreement and Privacy Policy are designed to protect and inform you of your rights while using MrMenu.com.
- Last Modified 09/08/2007 - MrMenu.com provides their services to you subject to the following notices, terms, and conditions. In addition, when you use any MrMenu.com service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to that service and you will be subject to all governing state and federal laws. 1. TERMS OF PURCHASE The final charges for your order may be different than those stated on the website. MrMenu.com does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. We may require additional verifications or information before accepting any order. 2. METHODS OF PAYMENT: - Pay at Pick-up or Delivery - When selecting this method of payment at checkout, you agree to provide the restaurant payment in the form of US Dollars ($) upon receipt of your order. A credit card will be required to secure the order and will only be charged by MrMenu.com in the event of order abandonment. Order abandonment constitutes, not showing up to pickup your order and/or not being present when your order is delivered. - Pay Online - When selecting this method of payment, you agree to provide payment to the restaurant through MrMenu.com's online payment gateway. This agreement includes your willingness to allow MrMenu.com to bill your payment method (Visa or MasterCard) in the amount of your order plus any applicable fees associated with your order. Such fees include, but are not limited to, taxes and delivery fees, if applicable. When entering a credit card, you agree that you are authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If MrMenu.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by MrMenu.com or its agents. The final charges on your credit card may be different than those stated on the website. 3. RETURN POLICY If you are not satisfied with your order, please contact MrMenu.com Customer Service immediately via email at support@mrmenu.com and include the order number and restaurant name. All sales are final unless order problems/issues are confirmed with our restaurant partners or otherwise determined by MrMenu.com, at its sole discretion, to be actionable. In such cases, MrMenu.com may issue credit for use on future orders through the MrMenu.com website. All order problem/issue inquiries must be received within 24 hours of the order date listed on your order confirmation email. No cash refunds will be issued by MrMenu.com. 4. E-MAIL By registering or placing an order with us, you are consenting to receive e-mails from us regarding your registration or your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial e-mail from us. If you do not wish to receive commercial email from us, you may remove your name from the e-mail list and edit your personal information from the MrMenu.com computer system by updating your account information. 5. REVIEWS AND COMMENTS If at any time, MrMenu.com enables site visitors to post reviews and comments on the site, the party posting that comment or review grants MrMenu.com and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant MrMenu.com and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. 6. RISK OF LOSS All items purchased through MrMenu.com are made pursuant to a delivery contract. Should there be delivery errors; MrMenu.com will offer reasonable assistance in the correction of that error. However, the risk of loss and title for such items pass to you upon our delivery to the carrier. You must file any such claims with that delivery carrier. 7. INDEMNIFICATION You agree to indemnify and hold MrMenu.com, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site. 8. YOUR CONDUCT You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission. You explicitly agree, in using this web site or any service provided, that you shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you; (c) collect or harvest any data about other users; (d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent; (e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets. 9. DISCLAIMER OF WARRANTIES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF MrMenu.com AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties. 10. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you. 11. RESERVATION OF RIGHTS We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web site, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent. 12. APPLICABLE LAW You agree that this Terms of Use and any dispute arising out of your use of this web site or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this web site is located, without regard to its conflict of law provisions. By registering or using this web site and service you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this web site is located. 13. MISCELLANEOUS INFORMATION (i) In the event that this Terms of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use shall not be considered a waiver of any that party's right and that right will remain in full force and effect; (iii) You agree that without regard to any statue or contrary law that any claim or cause arising out of this web site or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation.
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