Advertiser & Services Subscribers
Terms and Conditions
("Formerly - Advertising & Listing Terms of Service Agreement")
(Last updated on December 22, 2023)
Restaurant Passion Inc owned and operated
SaaS Website Products and SaaS Mobile Device Applications
(SaaS - Software as a Service)
Service Term is (12) Twelve Months unless otherwise agreed to in writing.
At the end of the service term service will expire unless renewed.
Terms and
Conditions
These advertiser and services subscribers terms and conditions ("Terms", "Agreement") are an agreement between Restaurant Passion, Inc. ("Restaurant Passion, Inc.", "us", "we" or "our") and the individual sole proprietor, or organized business or organization ("you", "your", “business” “advertiser” or “services subscriber”) that has elected to create an account and/or otherwise use our Services. This Agreement sets forth the general terms and conditions of your use of and participation in Restaurant Passion Inc SaaS Website Products and SaaS Mobile Device Applications including the products and/or services that are advertised and/or displayed on these websites or apps and other websites and apps severally and collectively ("Website" or “Services”). These terms do not govern use of our Website as an individual user. User - Terms and Conditions govern use of our Website as an individual user
We reserve the right to change these Terms from time to time, and
any revised Terms will supersede prior versions. Any updates to these Terms
shall be posted on this website. Unless indicated otherwise, they will be
effective on the date listed at the top of the Terms. You acknowledge your
responsibility to review our Terms from time to time and to make you aware of
any such changes. By using and/or continuing to use any of the Website and/or
Services after we post any such changes, you accept the revised Terms.
Scope of
Agreement
The following agreements, policies, notices, and guidelines shall
be incorporated into and considered and integral part of this agreement:
Website Privacy Policy, Website Disclaimer, Website Cookie Policy, Copyright
Notice, and User Provided Content Guidelines. This Agreement and the
agreements, policies and notices incorporated herein constitute the entire
agreement between You and Restaurant Passion, Inc.
Acceptance
of Terms
You acknowledge that you have read this Agreement and agree to all
its terms and conditions. By using the Website or its Services you agree to be
bound by this Agreement. If you do not agree to abide by the terms of this
Agreement, you are not authorized to use or access the Website and its
Services.
Term
& Termination
This agreement shall be in effect upon creation of a business, advertiser
and/or services subscriber profile and/or account on the Website and shall
remain in effect until termination of Services by us or you. We reserve
the right to refuse to provide you our Services if we believe you are violating
our Terms and Conditions or any of our policies as set forth below.
Accounts
If you create a business, advertiser and/or services subscriber
profile and/or account on the Website, you are responsible for maintaining the
security of your profile, account, login credentials, passwords, and you are
fully responsible for all activities that occur under the account and any other
actions taken in connection with it. We may, but have no obligation to, monitor
and review new profiles and accounts before you may sign in and use our
Services. Providing false contact information of any kind may result in the
termination of your profile and account. You must immediately notify us of any
unauthorized uses of your profile and account or any other breaches of
security. We will not be liable for any acts or omissions by you, including any
damages of any kind incurred as a result of such acts or omissions. We may
suspend, disable, or delete your profile or account (or any part thereof) if we
determine that you have violated any provision of this Agreement or that your
conduct or content would tend to damage our reputation and goodwill. If we
delete your profile or account for the foregoing reasons, you may not be able
to re-register for our Services. We may block your email address and Internet
protocol address to prevent further registration.
Advertiser,
Business, Services Subscriber Provided Content
All data, information, images, photographs, information, material or communication ("Content") that you submit for display on the Website and/or
you submit for transmit, utilizing forms on the Website in the course of using
our Services will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. You
are solely responsibility for Content that you submit. You represent and
warrant the accuracy, quality, integrity, legality, reliability,
appropriateness, and your intellectual property ownership and/or obtaining all
third party consents for the right to use. We may, but have no obligation, to
monitor and review Content on the Website submitted or created by you. You
hereby grant Restaurant Passion, Inc. a non-exclusive, irrevocable,
royalty-free, transferable, sub-licensable, worldwide license to use,
reproduce, adapt, modify, publish, copy, store, transmit, reformat, display or
distribute the Content you submit. Without limiting any of your representations
or warranties, we have the right, though not the obligation, to, in our own
sole discretion, refuse or remove any Content that, in our reasonable opinion,
violates any of our policies or is in any way harmful or objectionable.
Restaurant
Passion Inc Created and Owned Content
All content including but not limited to text, electronic images,
virtual tours and video created by us for your advertisement/listing on the
website shall remain our property. None of the content created and/or owned by
us may be saved, downloaded, copied or reproduced in any form by you, including
but not limited to electronic, digital, mechanical, and photocopying without
the prior written consent by us. All content on this website is for website
user use only. No permission is granted to download, save and/or use any of the
content on this website unless the prior written consent is granted by us to do
so.
We reserve the right to use, to license and/or allow others to use
content created by us in any format, manner and/or media outlet whatsoever
including, but not limited to: publicity, advertising, promotion, commercial
broadcast, network broadcast, merchandising, and for all other purposes to be
determined by us. You acknowledge and agree that all rights now known or
hereinafter existing of any kind and nature, including but not limited to
copyrights in and to such content created by us, belong to us without
reservation of rights in you. You acknowledge and agree that all proceeds
generated from the use of and/or license of content created by us belong to us
and that you shall have no rights whatsoever therein.
Digital
Millennium Copyright Act (DMCA)
Restaurant Passion, Inc. respects the intellectual property rights
of others and will make every effort to comply with all copyright laws. If you
believe that Content located on or linked to by our site violates your
copyright, you are encouraged to notify our DMCA agent immediately so we can take
steps to rectify the violation. We will respond to all such notices, including
as required or appropriate by removing the infringing material or disabling all
links to the infringing material. In the case of a visitor who may infringe or
repeatedly infringes the copyrights or other intellectual property rights of
others, we may, in our discretion, terminate or deny access to and use of the
Website. In the case of such termination, we will have no obligation to provide
a refund of any amounts previously paid to us for terminated Services.
Please be advised that you will be liable for damages (including
costs and attorneys’ fees) if you materially misrepresent that a product or
activity is infringing your copyrights. Thus, if you are not sure content
located on or linked-to by the Website infringes your copyright, you should
consider first contacting an attorney.
All Infringement Notices need to include the following:
1. An electronic signature of
the copyright owner or a person authorized to act on their behalf.
2. An identification of the
copyright claimed to have been infringed.
3 A description of the
nature and location of the content that you claim to infringe your copyright,
in sufficient detail to permit us to find and positively identify that content.
4. Your name, address,
telephone number and email address.
5. A statement by you: (a)
that you believe in good faith that the use of the content that you claim to
infringe your copyright is not authorized by law, or by the copyright owner or
such owner’s agent; and (b) under penalty of perjury, that all of the
information contained in your Infringement Notice is accurate, and that you are
either the copyright owner or a person authorized to act on their behalf.
Infringement Notices should be sent to our DMCA agent:
Phil Nicolosi Law, P.C.
6735 Vistagreen Way
Suite 210
Rockford, IL 61107
P: (815) 314-0022
email: dmca@philnicolosilaw.com
Billing
and Payments
You shall pay all purchases made on this website in accordance
with the terms displayed at time of your purchase. All purchases you make on
this website are FINAL SALE and NOT REFUNDABLE. Where Services are
offered on a free basis no method of payment shall be required. If auto-renewal
is enabled for the Services you have subscribed for, your method of payment
will be charged automatically in accordance with the term you selected.
YOU
ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO CANCEL ANY RECURRING SUBSCRIPTION
BEFORE THE END OF THE FIRST BILLING TERM OR END OF ANY SUBSEQUENT RENEWAL TERM
WILL RESULT IN AUTOMATIC CHARGES TO YOUR CREDIT/DEBIT CARD OR OTHER PAYMENT
METHOD YOU HAVE PROVIDED FOR THE TOTAL AMOUNTS DUE FOR THE SUBSEQUENT
RENEWAL/BILLING TERM AND UPON THE TIME(S) DUE AS STATED UNDER THE TERMS OF THE
SUBSCRIPTION. YOU AGREE THAT FAILURE TO CANCEL THIS AGREEMENT SHALL INDICATE
YOUR IRREVOCABLE CONSENT AND AUTHORIZATION TO SUCH AUTOMATIC, RECURRING BILLING
BY US. YOU AGREE THAT YOU HAVE BEEN GIVEN EVERY OPPORTUNITY TO REVIEW THESE
TERMS BEFORE PROVIDING YOUR BILLING INFORMATION.
Sensitive and private data exchange happens over a SSL secured
communication channel and is encrypted and protected. Our Website is in
compliance with PCI vulnerability standards in order to create as secure of an
environment as possible. Antivirus and malware scans are performed on a regular
basis for additional security and protection. We reserve the right to
change products and product pricing at any time.
Link In
Fees and Content Restrictions
You are not permitted to use, or display our owned content on your
or third party websites unless you are granted permission to by us. Our owned
content includes, but is not limited to electronic images/photography, virtual
tours and video. We may charge “link in fees” to display content on your
or other third party websites. These fees do not apply to hyperlinks to
publicly available web pages on our website. You acknowledge and agree that
should you elect to terminate Services, all permissions previously granted by
us to you shall immediately terminate and content can no longer be used or
displayed by you on your or third party websites.
Content
Management System (Formally Dynamic Web Page Services) - Option
Restaurant Passion, Inc. offers a Content Management System
service where information stored in Restaurant Passion, Inc. databases for
viewing on the Restaurant Passion, Inc. websites can be displayed in
conjunction with your website or other third party website. Content management
system can include any content you publish to the website. The content
management system will allow you to modify you content on our website as well
as your website concurrently. If you elect to terminate Services all content
controlled trough the content management system will not display on your
website. Further, we shall have no obligation to store your content on our
servers after account termination. You should make a backup copy of all content
you publish to this website.
Pricing
For services provided to Advertisers
Pricing for services provided to Advertisers and/or Advertising
may vary in different geographical areas and/or jurisdictions. We reserve
the right to revise pricing for all fees charged and/or services we
provide. Restaurant Passion, reserves the right to revise pricing you pay
upon renewal of Advertising and/or Services herein. Restaurant Passion,
reserves the right to provide sale price, promotional and/or special pricing to
select business(s) at any time at its sole discretion.
Restaurant
Passion Inc., Advertising Services currently offered as SaaS on restaurantpassion.com, banquetpassion.com and wedding passion.com website properties include but are not limited to:
(a) Free Plan, self-setup, offered on the
website includes display of business logo, featured photo, menu manager,
business description, business hours, driving directions, business contact
info.
(b) Basic Plan, self-setup, includes display of
business logo, featured photo, menu manager, business description, business
hours, driving directions, business contact info, link to your website,
business event board, links to third party services (ie. social media –
reservations – online ordering etc.) contact business form, *image/photo
gallery, *video gallery, link out to *virtual tour.
(c) Standard Plan, self-setup, includes display
of business logo, featured photo, menu manager, business description, business
hours, driving directions, business contact info, link to your website,
business event board, links to third party services (ie. social media –
reservations – online ordering etc.) contact business form, *image/photo
gallery, *video gallery, link out to *virtual tour, separate listing page
photo, ability to disable display of all user provided photos, ability to
disable display of all user provided reviews, ability to disable competitor
advertisements on your business listing pages.
(d) Managed Plan, we set your account up,
includes display of business logo, featured photo, menu manager, business
description, business hours, driving directions, business contact info, link to
your website, business event board, links to third party services (ie. social
media – reservations – online ordering etc.) contact business form,
*image/photo gallery, *video gallery, link out to *virtual tour, separate
listing page photo, ability to disable display of all user provided photos,
ability to disable display of all user provided reviews, ability to disable
competitor advertisements on your business listing pages, testimonial widget.
Note: *All plans do not include image/photo, video, or virtual tour preparation. Image/photo and virtual tour preparations are available as options if you do not wish to supply them.
Note: **Options for online gift certificate ordering require
additional 3rd party payment gateway and merchant processor fees. Content management
system (formally external web pages) requires additional developer fees for
integration. Business is responsible for paying additional fees. Contact
us for information.
Restaurant Passion Inc., Website Builder is offered as SaaS
Create a website on a "service term" basis utilizing Restaurant Passion Inc. template based proprietary SaaS software "website builder" software for your business to display business provided content utilizing Restaurant Passion Inc. Content Management System (CMS). Website Builder can integrate with services provided by business vendors and service providers (if compatible). Website Builder can integrate with all Restaurant Passion Inc paid services for a fee, including: gift certificate program, eGift certificate Program, Text Messaging, Reservations as well as free services including: QR Menus. When you purchase a Website Builder website, you are purchasing a SaaS based Template software solution. The Business Does Not Own The Website Builder Website as it is non-tangible use of Restaurant Passion Inc. proprietary software.
Gift Certificate Program
We provide a service for the business to sell traditional physical
gift certificates and electronic gift certificates for user purchase
online. All purchase transactions and proceeds for either traditional
physical gift certificates and/or electronic gift certificates (eGift
Certificates) are funded directly to the business. Restaurant Passion, Inc. is
not a party to sales transactions between the business and Website non
Advertiser Users.
Gift Certificate &
eGift Certificate Conditions
Gift certificate and eGift Certificate purchases are NOT
refundable and cannot be redeemed for cash. The non-business Users are
purchasing the Gift Certificate and/or eGift Certificate directly from the
business selected (seller) and shall be charged for the gift certificates
directly from the business. Our role is only to allow the non-business Website
User and the business use of our Website based software solution and
integration of third party services to facilitate the purchase and redemption
of Gift Certificates and/or eGift Certificates between the business and non-business
website users. Restaurant Passion, Inc. is not a party to Gift Certificate
and/or eGift Certificate sales transactions. You the Advertiser/Business User
agree we are not responsible for lost, stolen, compromised or misdirected Gift
Certificates and/or eGift Certificates, unprocessed Gift Certificate and/or
eGift Certificate orders regardless of cause. You the Advertiser/Business
User agree we, are not responsible for lost, misdirected, incomplete or
failed Gift Certificate and/or eGift Certificate order submissions. You the
Advertiser/Business or Services Subscriber acknowledge and agree that we
may maintain a permanent record of the information provided for Gift
Certificate and/or eGift Certificate orders and Gift Certificate and/or
eGift Certificate redemption history.
You the Advertiser/Business or Services Subscriber agree to
indemnify and hold harmless Restaurant Passion, Inc its directors, officers,
shareholders, employees, agents, licensors, vendors, advertisers, and Website
users from all claims including reasonable attorney’s fees however arising from
or related to your Gift Certificate and/or eGift Certificate order,
purchase and/or redemption, including but not limited to Website
malfunction, data loss, transmitting and/or communications, subsequent
handling and/or mishandling of information provided to the business, to us, the
third party payment gateway and/or the merchant processor.
Purchased eGift certificates will be accessible from a hyperlink sent to the recipient via email or text. Redemption history can be displayed by clicking a hyperlink on the eGift certificate.
Online
Credit Card Orders (Payment Information Provided Online)
We DO NOT store credit card data. We utilize the secure
services of a third party “payment gateway” retained by the business. We
require online payment transactions be completed via the payment gateway method
to allow for “Payment Card Industry” (PCI) compliance.
For information on Payment Card Industry (PCI) compliance please
visit:
https://en.wikipedia.org/wiki/PCI_DSS
https://www.pcisecuritystandards.org
Gift
Certificate Conditions (Traditional Physical Gift Certificates/Cards)
The business must make gift certificates purchased valid for the
period required by law. Gift certificates are NOT refundable and cannot be
redeemed for cash. The Website User is purchasing the gift certificates from
the business selected and shall be charged for the gift certificates directly
from the business. Our role is only to allow the business use of our Website
based software solution and integration of third party services to facilitate
the purchase and redemption of gift certificates between the business and
website users. Restaurant Passion, Inc. is not a party to gift certificate
sales transactions. The business agrees we are not responsible for lost,
stolen, compromised, gift certificates and/or, misdirected and/or unprocessed
gift certificates orders regardless of cause. The business agrees we, are not
responsible for lost, misdirected, incomplete or failed order submissions. The
business acknowledges and agrees that we may maintain a permanent record of the
information provided with gift certificate order.
The business agrees to indemnify and hold harmless Restaurant
Passion, Inc its directors, officers, shareholders, employees, agents,
licensors, vendors, advertisers, and Website users from all claims including
reasonable attorney’s fees however arising from or related to gift certificate
order, gift certificate purchase, gift certificate redemption, Website
malfunction, data loss, process of transmitting gift certificate order
and communications, subsequent handling of gift certificate information
provided to the business, to us, the Website user, the third party payment
gateway and/or the merchant processor.
Upon termination of service, it is the business responsibility to
download a copy of gift certificate sales transaction history within (90)
ninety days of such termination. Thereafter; transaction information will
no longer be made available.
Gift Certificate charges shall be made in accordance with our published pricing that are subject to change without prior notice. Published pricing may be found at https://www.restaurantpassion.com/services. Charges for your participation in Gift Certificate sales shall be billed to your credit card on a monthly basis. We reserve the right to suspend your account and/or your Gift Certificates participation at anytime for non-payment without prior notice.
Electronic
Gift Certificate Conditions (eGift Certificates – Display Electronically)
The business must make electronic gift certificates (eGift
certificates) purchased valid for the period required by law. eGift
certificates are NOT refundable and cannot be redeemed for cash. The Website
User is purchasing the eGift certificates from the business selected and shall
be charged for the gift certificates directly from the business. Restaurant
Passion, Inc. is not the seller of eGift certificates. Our role is only
to allow the business use of our web based software solution and integration of
third party services to facilitate the purchase and redemption of eGift
certificates between the business and website users. Restaurant Passion,
Inc. is not a party to eGift certificate sales transactions. The business
agrees we are not responsible for lost, misdirected and/or unprocessed eGift
certificate orders regardless of cause. The business agrees we, are not
responsible for lost, stolen, compromised, eGift certificates and/or
misdirected, incomplete or failed order submissions. The business agrees we,
are not responsible for software and/or website malfunction. The business
acknowledges that it is the sole responsibility of the business to collect all
additional amounts due the business from business's customer over eGift
certificate redemption value at time of sale. The business acknowledges
and agrees that we may maintain a permanent record of the information provided
with eGift certificate orders and eGift certificate redemption history.
The business agrees to indemnify and hold harmless Restaurant
Passion, Inc its directors, officers, shareholders, employees, agents,
licensors, vendors, advertisers, and Website users from all claims including
reasonable attorney’s fees however arising from or related to eGift certificate
order, eGift certificate purchase, eGift certificate redemption, Website
malfunction, data loss, process of transmitting eGift certificate order
and communications, subsequent handling of eGift certificate information
provided to the business, to us, the Website user, the third party payment
gateway and/or the merchant processor.
Upon termination of service, it is the business(‘s) responsibility
to download a copy of eGift certificate sales transaction and redemption
history within (90) ninety days of such termination. Thereafter;
transaction information will no longer be made available. The business
acknowledges and agrees that they have an obligation to the eGift certificate
purchaser and recipient to accept all valid eGift card balances for payment for
business services after termination as required by law and that all eGift card
redemption administration is thereafter the responsibility of the business.
eGift Certificate charges shall be made in accordance with our published pricing that are subject to change without prior notice. Published pricing may be found at https://www.restaurantpassion.com/services. Charges for your participation in Text messenger shall be billed to your credit card on a monthly basis. We reserve the right to suspend your account and/or your eGift Certificates participation at anytime for non-payment without prior notice.
Text Messenger
– SMS/MMS Text Message Marketing Services
Restaurant passion, Inc. offers a text messaging service for you to
collect and send text messages to opt-in users (subscribers). Your participation
in Text Messenger is subject to the Terms and Conditions of this Agreement and
our Website Privacy Policy located at:
https://www.restaurantpassion.com/policies/website-privacy-policy/5/ .
User
Opt In
Text Messenger allows Users to receive SMS/MMS mobile messages from you by
affirmatively opting into the Service, such as through online webpage, in text
message or application-based enrollment forms to receive text messages from
Restaurant Passion, Inc. and/or our Advertisers and Services subscribers.
Regardless of the opt-in method you utilized to join Text Messenger, you agree
that this Agreement applies to your participation in Text Messenger. By your participating in Text Messenger, you
agree to send and/or receive automated marketing text messages from phone
numbers of Text Messenger users who have opt-in subscriber to this service.
User
Opt Out
If a user chooses to unsubscribe from any one of our advertisers or Services
subscribers Text Messenger texts you agree to no longer communicate by text
with the unsubscribed user.
Text
Messenger Service Description
Without defining the scope of the content sent by you and delivered to users
via Text Messenger, users that opt-in to Text Messenger can expect to receive from
you messages regarding the marketing and sale of products, services, events,
discounts and promotions (“Marketing Text Message”).
Message
Cost and Frequency
Text Messenger entails you sending recurring mobile text messages to opt-in Users. The default quantity of mobile text messages
sent after the Opt-in process is: a maximum of (2) two Marketing Text Message
within seven days (ie. two messages per week max). Additional mobile text messages over the
stated frequency may be sent to you periodically based on the users interaction
with Restaurant Passion, Inc. and/or you in response to their initiating
contact with the sender by sending a text message (“Inbound Text”). Currently Inbound Text Messages, messages
that are initiated by users are not supported on Text Messenger and will not be
delivered to you. In the future, Text
Messenger may be upgraded for you to receive Inbound text messages. Your response to inbound text messages from
users shall be considered transactional and are not subject to the (2) two
Marketing Text Message limitation herein. Text message charges shall be made in
accordance with our published pricing that is subject to change without prior notice.
Published pricing may be found at https://www.restaurantpassion.com/services. Charges for your participation in Text
messenger shall be billed to your credit card on a monthly basis. We reserve
the right to suspend your account and/or your eGift Certificates participation at
anytime for non-payment without prior notice.
Inbound
Text Messages
Currently Inbound Text Messages, messages that are initiated are not supported
on Text Messenger and will not be delivered. In the future, Text Messenger may be upgraded
for you to receive Inbound text messages.
You agree that all reply and/or subsequent text message exchanges in
response to Inbound Text from Services Subscriber to Users will be considered transactional text messages and will not
be restricted by the Marketing Text Message limit. In addition, mobile text messages may be sent
to the opt-in user by Restaurant Passion, Inc., as may be needed for
administrative notification and will not be restricted by the Marketing Text
Message limit.
User
Assistance & Instructions
For assistance regarding the Text Messenger for users, the user can text
“ASSIST” to the number they received text messages from. If the user sends an ASSIST text message they
will receive a message with instructions to Opt-out and a link to the Text
Messenger User Terms & Conditions. In
the future, users will have the ability to change their preferences from the ASSIST
response text message or from an administrative notification from us. User(s) will have the ability to and not be
restricted to opt-in and subscribe to other business Text Messenger subscriptions
including restaurant Passion, Inc.. From time to time ASSIST reply text
messages may be updated with additional helpful information.
MMS
Messages
Currently Text Messenger does not send MMS messages. In the future Text Messenger may be upgraded
for you to send MMS messages. When Text
Messenger is upgraded to receive MMS messages, if the user’s mobile device does
not support MMS messaging, Text Messenger will send the MMS as a SMS
terminating message and as a result may not include all data included in the
MMS message that was initiated.
Service
Provider Limitations
Not all mobile text messaging service providers’ platforms may accept messages
from Text Messenger.
Age
Restriction
Text Messenger is not intended to be used by children under (18) eighteen years
of age. You cannot engage children less
than thirteen (13) years of age with Text Messenger. Further, we request you do not use or engage children
with Text Messenger that are between the ages of thirteen (13) and eighteen
(18) years of age, as they must have their parent’s or legal guardian’s
permission to do so. Text Messenger
service cannot validate a user’s age and/or validate parental consent. By using or engaging with the Text Messenger,
you acknowledge and agree that you will not knowingly send messages to children
under the age of eighteen (18) years.
Text
Messenger Use Must Comply With Law
You agree to use Text Messenger in accordance with the
terms and conditions herein, as well as all applicable state and federal laws
that Text Messenger is subject to. Text Messenger does not have international text
messaging capability. Your use of Text Messenger to receive and/or send text messages
is an acknowledgment that you agree you will comply with Applicable Law in the
jurisdiction in which you use Text Messenger.
In order to confirm your compliance the terms and conditions herein, to
ensure that Text Messenger is in compliance with US and international law, we
may, periodically review and/or audit your text message conversations with
users.
You further agree that all text Messenger users
requesting Do-Not-Call (“DNC”) status shall be immediately placed on your DNC
accounts list and you further agree that you will not initiate any further text
messages or communications of any kind to any user after they request DNC
status.
“Think about the content your sending before you send your
text”. You are solely responsible for
the content off all text message communications you or others you authorize to send
text message communications to Tex Messenger users. All activity or omissions that occur under
your account, including but not limited to, the content of your messages you or
others authorized by you create and transmit through our text messenger Service.
You agree to review the following material: The Telephone Consumer Protection Act (TCPA),
Federal Trade Commission, Federal
Communications Commission rules, the National DNC list registry rules, as well
as various state laws, rules, and regulations in your jurisdiction as well as
the recipient users jurisdiction that place restrictions on certain types of
phone calls and text messages. Without limitation, you agree you are
responsible for all of the legal requirements triggered by any text messages, transmitted
by you or others you authorize through Text Messenger.
For information on governmental rules about
sending Text Messages and other communications please visit:
Federal Trade Commission, https://www.ftc.gov
Federal Communications Commission, https://www.fcc.gov/
National Do Not Call (DNC) Registry, https://www.donotcall.gov
Prohibited Uses of Text Messenger.
You agree that our Text Messenger Service is to be used
for business purposes only. You further agree
that your use of our Text Messenger Service shall not be used to do the
following: send unsolicited marketing
messages or text messages (spam); send calls
to emergency and/or life-line services, such as hospitals, fire, police, 911,
or other public service telephone numbers; engage more than one line of a
multi-line business; collect information about users or any other person
without their consent; misleading others as to your identity or the identity of
the sender of your text messages; or by creating a false identity;
impersonating another person; or transmitting information that is not your
property without permission of the owner; transmitting, associating, or
publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning,
immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable
material of any kind; Transmitting any
material that may infringe upon the intellectual property rights of third
parties, including patents, trademarks, copyrights, and/or any other third
party rights; Transmitting any content
contained in your text message that contains viruses, malware and/or malicious code
or programs; disrupting our networks or
third party networks and/or computer servers and equipment connected to these networks; Engaging in any activity
that may be subject it to criminal or civil liability.
No Porting of Text Messenger Telephone Numbers
You acknowledge that Restaurant passion, Inc.is the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, we have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion.
Right to Reclaim Your Text Messenger Phone Numbers
We reserve the right to reclaim the phone number assigned to your account and reclaim that number to be used by Restaurant Passion, Inc., or others utilizing Text Messenger in the event you do not send adequate traffic utilizing that phone number, where that number is either unutilized or underutilized, as defined by any federal, state, local, carrier, regulatory agency and/or governmental organization with jurisdiction over that phone number. In the event we reclaim that phone number, we will provide you fourteen (14) days advance notice prior to doing so, unless we are prevented from doing so by any federal, state, local, carrier, regulatory agency and/or governmental organization with jurisdiction over that phone number. Further, we reserve the right to reclaim your phone number without notice if your account and/or service is suspended for failure to pay, or is in violation of these terms.
Termination of Text Messenger Service
In the event we or you elect to terminate you use of Text Messenger Services, you can request a list of User opt-in subscriber telephone numbers for use with a another texting service operated by others if done so within 30 days of termination. User opt-in subscriber telephone numbers will not be provided for any other purpose. You agree that you will immediately upon termination notify the User(s) of your change in text message services providers and/or platform, the change in text message number you will use and abide by the current user Opt-in basis of: a maximum of (2) two Marketing Text Message within seven days, until and unless the User affirmatively elects and agrees to a different basis in which to receive text messages from you. You understand that you cannot and agree you will not assign and/or transfer User opt-in subscriber telephone numbers to others and/or use User opt-in subscriber telephone numbers for any other purpose except as agreed herein; unless affirmatively agreed to by the User. You further agree that you will be responsible for all liabilities, civil and/or criminal and agree to indemnify and hold harmless Restaurant Passion, Inc. against same and at your expense defend Restaurant Passion, Inc. with attorneys of our choosing for any action brought against us however arising from your use of User opt-in subscriber telephone numbers with other text message services providers and/or platform. You agree that we can elect not to provide you with User opt-in subscriber telephone numbers if you violate the Terms of this Agreement.
Mobile Device Applications (iOS & Android)
We offer a service whereas Advertisers and/or Services Subscribers can transmit Content via iOS and Android mobile device applications (apps) to provide enhanced performance of services for Users. Your use of apps by you our Advertiser and/or Services Subscriber and understand apps are to be considered an integral part of the Website. You understand and agree that the terms of this agreement as well as the separate User - Terms and Conditions severally and together shall apply to use of apps.
Third Party Advertising On Website
We, at our sole discretion may elect to publish third party,
sponsor and affiliate advertisements, (hereinafter "third party
advertisements") on any webpage of this Website and/or in conjunction with
any content displayed on this Website. Business acknowledges and agrees
that we, own all rights of every kind and character to all the proceeds and
consideration generated from third party advertisements displayed on Website;
financial and or otherwise. Business acknowledges and agrees that Business has
NO rights to any consideration and/or compensation financial and/or otherwise
generated from third party advertisements displayed on Website.
Third party advertisements may be displayed in any format
including but not limited to text, images, banners and video. Business
acknowledges and agrees that third party advertisements can be displayed on web
pages containing business content and/or in conjunction with any service herein
including but not limited to website hosting, online ordering services and/or
other businesses advertising on the Website.
Business
grants us the right to use content submitted to us for publication as follows:
The term "content" herein shall be defined as all
content and information that the business submits to Restaurant Passion, Inc.
and/or the Website, submit for transmit utilizing forms on this website, is published on the business Website and/or authorizes
Restaurant Passion, Inc. to use in any capacity that Restaurant Passion, Inc.
sees fit. The business represents and warrants that: (a) the content is the
business original work, (b) the business has full right and power to enter into
and perform this Agreement, and has secured all third party consents, necessary
to enter into this Agreement and to list the content on our Website, (c) the
content does not and will not infringe on any third party's copyright, patent,
trademark, trade secret or other proprietary rights of publicity or privacy, or
moral rights, (d) the content does not and will not violate any law, statute,
ordinance or regulation, (e) the content is not defamatory, trade libelous,
pornographic or obscene, (f) the content does not contain any viruses or other
programming routines that detrimentally interfere with computer systems or
data, (g) all factual assertions that the business has made and will make to
us, are true, complete and accurate. The business agrees to execute and deliver
documents to us upon our request, and such documents shall evidence or
effectuate our rights under this Agreement.
The business hereby grant to us, (by the act of, delivering,
transmitting, uploading content to us and/or the Website, and/or otherwise
authorizing us, to use and/or publish content as described in this agreement) a
nonexclusive, worldwide, royalty-free license to:
(a) edit, modify or convert the content into
form that will enable us, to display, broadcast, and transmit or otherwise
communicate the content in any format, manner and/or media outlet and on any of
our owned Website and/or websites owned by others for the purpose of
advertising and/or promoting the business products and/or services; and for
advertising, promoting and/or selling our Website(s), products, and/or
services; and for other purposes including, but not limited to: publicity,
advertising, promotion, commercial broadcast, network broadcast, merchandising
as determined by us.
(b) edit, modify or convert the content into
form that will enable us, to display, broadcast, and transmit or otherwise
communicate the content on any type of magnetic and/or digital format storage
device and Internet download for the purpose of advertising and/or promoting
the business products and/or services; and for advertising, promoting and/or
selling our Website, products, and/or services;
(c) reproduce, distribute, display, broadcast,
and transmit or otherwise communicate the content for the purpose of
advertising and/or promoting the business products and/or services; and for
advertising, promoting and/or selling our Website, products, and/or services;
(d) use any trademarks, service marks, trade
names, and copyrighted matter incorporated in the content the business sends to
us, for the purpose of advertising and/or promoting the business products
and/or services; and for advertising, promoting and/or selling our, Website,
products, and/or services;
(e) use the name and likeness of any individuals
embodied or represented in the content for the purpose of advertising and/or
promoting the business products and/or services; and for advertising, promoting
and/or selling our Website, products, and/or services.
Accuracy
of information
Occasionally there may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, availability, promotions and offers. We reserve the
right to correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information on the Website or on any
related Service is inaccurate at any time without prior notice (including after
you have submitted your order). We undertake no obligation to update, amend or
clarify information on the Website including, without limitation, pricing
information, except as required by law. No specified update or refresh date
applied on the Website should be taken to indicate that all information on the
Website or on any related Service has been modified or updated.
Deletion
of Your Data
Our platform hosts and stores Your Business information and/or
data. The continued hosting and storage of your Business information
and/or data is not guaranteed by us. Unless otherwise agreed between in
writing, We may delete Your information and/or data, and You agree to indemnify
and hold us harmless including reasonable attorney fees for any damages,
losses, or other consequences that You may incur as a result.
Third-party
services
If you decide to enable, access, use and/or purchase third-party
products and services, be advised that your enablement, access, use and/or
purchase of such other products and services are governed solely by the terms
and conditions of such other products and services, and we do not endorse, are
not responsible or liable for, and make no representations as to any aspect of
such other products and services, including, without limitation, their content
or the manner in which they handle data (including your data) or any
interaction between you and the provider of such other products and services.
You irrevocably waive any claim against Restaurant Passion, Inc. with respect
to such other products and services. Restaurant Passion, Inc. is not liable for
any damage or loss caused or alleged to be caused by or in connection with your
enablement, access, use and/or purchase of any such other products and
services, or your reliance on the privacy practices, data security processes or
other policies of such other products and services. You may be required to
register for or log into such other products and services on their respective
websites. By enabling, accessing, using and/or purchasing any other products
and services, you are expressly permitting Restaurant Passion, Inc. to disclose
your data as necessary to facilitate the use or enablement, access, use and/or
purchase of such other products and service.
Backups
We perform regular backups of the Website and your Content and
will do our best to ensure completeness and accuracy of these backups. In the
event of the hardware failure or data loss we will make our best effort to
restore backups automatically to minimize impact and downtime. You are
solely responsible for the preservation of any Content You submit to us and/or
the Website.
Advertisements
During use of the Website, you may enter into correspondence with
or participate in promotions of advertisers and/or sponsors showing their goods
or services through the Website. Any such activity, and any terms, conditions,
warranties or representations associated with such activity are solely between
you and the applicable third-party. We shall have no liability, obligation or
responsibility for any such correspondence, purchase or promotion between you
and any such third-party.
Links to
other websites
Although this Website may link to other websites, we are not,
directly or indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked website, unless specifically stated
herein. Some of the links on the Website may be "affiliate links".
This means if you click on the link and purchase an item, Restaurant Passion,
Inc. will receive an affiliate commission. We are not responsible for examining
or evaluating, and we do not warrant the offerings of, any businesses or
individuals or the content of their websites. We do not assume any
responsibility or liability for the actions, products, services, and content of
any other third-parties. You should carefully review the legal statements and
other conditions of use of any website which you access through a link from
this Website. You linking to and/or making purchases from any Non Restaurant
Passion Inc. owned websites is at your own risk. We shall have no
liability, directly or indirectly, for any claim in connection with computer
viruses and/or malware resulting from your activity on third party web sites or
other websites that may be linked to these third party websites.
Prohibited
uses
In addition to other terms as set forth in the Agreement, you are
prohibited from using the Website or its Content: (a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts; (c) to
violate any international, federal, provincial or state regulations, rules,
laws, or local ordinances; (d) to infringe upon or violate our intellectual
property rights or the intellectual property rights of others; (e) to harass,
abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national
origin, or disability; (f) to submit false or misleading information; (g) to
upload or transmit viruses or any other type of malicious code that
will or may be used in any way that will affect the functionality or operation
of the Service or of any related website, other websites, or the Internet; (h)
to collect or track the personal information of others; (i) to spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral
purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. (l) to send
commercial information or solicitations via Website forms. We reserve the
right to terminate your use of the Service or any related website for violating
any of the prohibited uses. Such violation may result in civil and/or criminal
penalties against the sender and those assisting the sender.
Intellectual
property rights
This Agreement does not transfer to you any intellectual property
owned by Restaurant Passion, Inc. or third-parties, and all rights, titles, and
interests in and to such property will remain (as between the parties) solely
with Restaurant Passion, Inc. All trademarks, service marks, graphics and logos
used in connection with our Website or Services, are trademarks or registered
trademarks of Restaurant Passion, Inc. or Restaurant Passion, Inc. licensors.
Other trademarks, service marks, graphics and logos used in connection with our
Website or Services may be the trademarks of other third-parties. Your use of
our Website and Services grants you no right or license to reproduce or
otherwise use any Restaurant Passion, Inc. or third-party trademarks.
Disclaimer
of warranty
You agree that your use of our Website or Services is solely at
your own risk. You agree that such Service is provided on an "as is"
and "as available" basis. We expressly disclaim all warranties of any
kind, whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service will be uninterrupted, timely, secure, or error-free;
nor do we make any warranty as to the results that may be obtained from the use
of the Service or as to the accuracy or reliability of any information obtained
through the Service or that defects in the Service will be corrected. You
understand and agree that any content, material and/or data downloaded or
otherwise obtained through the use of Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of such content,
material and/or data. You should not rely on the Services to attract any new
customers to your restaurant or any positive reviews about your restaurant.
Furthermore, information contained on the Website and any page linked to and
from it is subject to change at any time and without prior notice.
Limitation
of Damages
To the fullest extent permitted by applicable law, in no event
will Restaurant Passion, Inc., its affiliates, officers, directors, employees,
agents, suppliers or licensors be liable to any person for any indirect,
incidental, special, punitive, cover or consequential damages (including,
without limitation, damages for lost profits, revenue, sales, goodwill, use or
content, impact on business, business interruption, loss of anticipated
savings, loss of business opportunity) however caused, under any theory of
liability, including, without limitation, contract, tort, warranty, breach of
statutory duty, negligence or otherwise, even if Restaurant Passion, Inc. has
been advised as to the possibility of such damages or could have foreseen such
damages. To the maximum extent permitted by applicable law, the aggregate
liability of Restaurant Passion, Inc. and its affiliates, officers, employees,
agents, suppliers and licensors, relating to the services will be limited to an
amount not exceeding any total amount actually paid by you to Restaurant
Passion, Inc. for the prior one month period prior to the first event or
occurrence giving rise to such liability. The limitations and exclusions also
apply if this remedy does not fully compensate you for any losses or fails of
its essential purpose
LIMITATION OF LIABILITY
UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL CONDUCT, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER OF WHATEVER KIND OR NATURE IN CONNECTION WITH ANY OF THE FOLLOWING: (A) THE USE OR INABILITY TO USE OUR WEBSITE AND/OR SERVICES; (B) ANY CONTENT YOU UPLOAD AND/OR TRANSMIT IN CONNECTION WITH THE WEBSITE AND/OR SERVICES; (C) YOUR CONDUCT WHILE USING THE WEBSITE AND/OR SERVICES; (D) ANY INFRINGEMENT BY YOU OF ANOTHER PERSON'S RIGHTS, INCLUDING WITHOUT LIMITATION RIGHTS OF PRIVACY, INTELLECTUAL PROPERTY OR DATA PROTECTION; (E) THE ACTIONS OF ANY INDIVIDUAL USER THAT INTERACTS WITH YOUR BUSINESS THROUGH USE OF THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY BREACH BY THEM OF ANY AGREEMENT ENTERED INTO WITH YOU; OR (F) ANY LOSS OF YOUR DATA STORED BY US DUE TO ANY BREACH OF OUR SERVERS OR DUE TO ANY VIRUSES, MALWARE OR SIMILAR ATTACKS BY THIRD PARTIES ON OUR DATA SERVERS OR DUE TO ANY INTERRUPTION OF THE DATA STORAGE SERVICES PROVIDED TO US BY SUCH THIRD PARTY PROVIDER(S) (G) YOUR USE OF GOODS OR SERVICES PROVIDED BY AND/OR PURCHASED FROM THIRD PARTYS AND/OR OUR AFFILITIES.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR WEBSITE AND/OR SERVICES AND/OR THESE TERMS EXCEED VALUE PAID FOR OUR SERVICES PROVIDED TO YOU IN THE PRIOR (12) TWELVE MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE FOREGOING SECTIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify and hold Restaurant Passion, Inc. and its
affiliates, directors, officers, shareholders, employees, and agents harmless
from and against any liabilities, losses, damages or costs of any kind,
including reasonable attorneys' fees, incurred in connection with or arising
from any third-party allegations, claims, actions, disputes, or demands
asserted against any of them as a result of or in any way relating to your use
of the Services and/or due to any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that they do
not violate any applicable laws and are intended to be limited to the extent
necessary so that they will not render this Agreement illegal, invalid or
unenforceable. If any provision or portion of any provision of this Agreement
shall be held to be illegal, invalid or unenforceable by a court of competent
jurisdiction, it is the intention of the parties that the remaining provisions
or portions thereof shall constitute their agreement with respect to the
subject matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
Choice of
Law
The formation, interpretation, and performance of this Agreement
and any disputes arising out of it shall be governed by the substantive and
procedural laws of New Jersey, United States without regard to its rules on
conflicts or choice of law and, to the extent applicable, the laws of United States.
The exclusive jurisdiction and venue for actions related to the subject matter
hereof shall be the state courts located in Morristown, Morris County, New
Jersey, United States, and you hereby agree to submit to the personal
jurisdiction of such courts. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Agreement.
ARBITRATION
THE
PARTIES AGREE TO GIVE UP THEIR RIGHTS TO BRING ANY CLAIMS RELATING TO THIS
AGREEMENT (OTHER THAN TO PROTECT THEIR RESPECTIVE INTELLECTUAL PROPERTY RIGHTS)
BEFORE A COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES OR
CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to
protect intellectual property rights and to enforce an arbitrator's decision
hereunder, any and all claims, disputes or controversies of whatever kind and
nature, whether preexisting, present or future between You and us, our agents,
employees, principals, directors, officers, shareholders, members, managers,
successors and assigns, to the extent applicable, arising from or relating to
this Agreement, its interpretation or validity, shall be resolved exclusively
by binding arbitration pursuant to the then-current rules of the American
Arbitration Association ("AAA") and shall be administered by the AAA.
Notwithstanding the foregoing, to the extent You have in any manner violated or
threatened to violate our intellectual property rights, we may seek injunctive
or other appropriate relief in state or federal court under the terms of this
Agreement. Any arbitration proceeding shall be brought and heard in Morristown,
New Jersey. The arbitrator shall be authorized to grant any relief available
under law or in equity and any award rendered shall be final and conclusive
upon the parties, except that the arbitrator shall not be authorized to award
punitive damages to either You or us. Any judgment may be entered in any court
having jurisdiction and the arbitrator may award reasonable costs and fees,
including reasonable attorney's fees and all arbitration fees, to the
prevailing party, notwithstanding the then current rules of the AAA.
Assignment
You may not assign, resell, sub-license or otherwise transfer or
delegate any of your rights or obligations hereunder, in whole or in part,
without our prior written consent, which consent shall be at our own sole
discretion and without obligation; any such assignment or transfer
shall be null and void. We are free to assign any of its rights or
obligations hereunder, in whole or in part, to any third-party as part of the
sale of all or substantially all of its assets or stock or as part of a merger.
Changes
and amendments
We reserve the right to modify this Agreement or its policies
relating to the Website or Services at any time, effective upon posting of an updated
version of this Agreement on the Website. When we do, we will revise the
updated date at the bottom of this page. Continued use of the Website after any
such changes shall constitute your consent to such changes
Force
Majeure
We shall not be liable for any delay or failure in our performance
under this Agreement due to Force Majeure, which shall mean acts of God,
earthquake, labor disputes, changes in law, regulation or government policy,
riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or
omissions of vendors or suppliers, transportation difficulties, unavailability
of interruption or delay in telecommunications or third party services
(including DNS propagation), failure of third party software or hardware or
inability to obtain raw materials, supplies, or power used in or equipment
needed to host this Website or otherwise fulfill our obligations to You under
this Agreement.
Entire
Agreement.
This Agreement constitutes the complete and exclusive agreement
and supersedes any prior communications, representations or agreements of the
parties, and cannot be altered, amended, or modified except in writing executed
by an authorized representative of each party. It is further expressly
understood and agreed that, there being no expectations to the contrary between
the parties, no usage of trade or other regular practice or method of dealing
either within the computer software development industry or between the parties
shall be used to modify, interpret, supplement, or alter in any manner the
express terms of this Agreement or any part thereof.
Waiver
The parties agree that the waiver by any party of any provision of
this Agreement shall not operate or be construed as a waiver of any other or
subsequent breach by such party.
Severability
If any provision of this Agreement is held by a court or other
tribunal of competent jurisdiction, in whole or in part, to be invalid,
illegal, or unenforceable in any respect, for any reason, the validity,
legality and enforceability of the remainder of that provision, any other
remaining provisions, and of the entire Agreement shall not in any way be
affected or impaired thereby, and shall be interpreted, to the extent possible,
to achieve the purposes as originally expressed with the provision found to be
invalid, illegal or unenforceable. Each provision hereof is intended to be
severable, and the validity, legality, or enforceability of any provision of
this Agreement shall not affect the validity, legality, or enforceability of
the remainder of the Agreement.
Contacting
us
Click here: www.restaurantpassion.com/contact-us to contact us if
you have any questions about this agreement.
(Last updated on December 22, 2023)
