Terms and Conditions

TERMS AND CONDITIONS OF USE FOR CUSTOMERS

The following terms and conditions of use constitute a binding contract between you and 247waiter, Inc. By using this website, you signify your agreement to these terms of use. If you do not accept all of the terms and conditions contained in this agreement, please do not use the site.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the website. If you are a minor, you must have your parent or guardian read and agree to this agreement prior to you using the website. Persons under the age of 13 are not permitted to register for this website or use the website services.

LIMITATIONS ON YOUR USE

You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.

MODIFICATION TO AGREEMENT

The website may amend, supplement, or modify this agreement from time to time by posting the amended agreement on the site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the services. Your continued use of the services following an update shall constitute your acceptance of the amended agreement.

MODIFICATION TO SERVICE

The website provides online ordering services (the “Services”), enabling you to place orders with participating restaurants using a participating restaurant website (the “Restaurant Website”). 247waiter, Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) on this website with or without notice. You agree that 247waiter, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

RULES OF BEHAVIOR

The following rules govern your use of the Restaurant Website and Services:

You are solely responsible for your own communications and content, including any data, images, graphics, text, audio, video, email, links, screen names you post to the Restaurant Website.
You agree to use the Restaurant Website and Services to post and receive communications and content that are legal and proper.
You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
You must not violate the privacy rights of others.
You must not upload, post or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful (or promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group).
You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party without prior written permissions from the third party, which permissions you agree to disclose to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
You must not impersonate another person or entity, which includes not using anyone else’s username or password.
You must not transmit any viruses, worms, defects, or any items and/or code of a destructive nature.
You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines or their equivalents on or in the Restaurant Website or Services.
You must not interfere or disrupt the Services or servers or networks connected with the Services or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
You must not state or imply that any of your submitted and or posted content is endorsed by 247waiter, Inc. or the Restaurant Website.
You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
You must not engage in any ad “slamming”.
You cannot use the Restaurant Website name or trademark or the 247Waiter.com name or trademark, which you acknowledge here to be valid, subsisting and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that the Restaurant Website is associated with, or endorses, or is in any way connected with you or your content.

WHILE 247WAITER, INC. AND THE RESTAURANT WEBSITE EXPLICITLY PROHIBIT THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICES ENTIRELY AT YOUR OWN RISK, AND THAT NEITHER 247WAITER, INC. NOR THE RESTAURANT WEBSITE SHALL HAVE ANY LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, 247WAITER, INC. AND/OR THE RESTAURANT WEBSITE CAN TERMINATE YOUR USE OF THE SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.

TERMINATION

If you materially breach the terms of this agreement, the website may suspend your ability to use the Services or may terminate this agreement effective immediately and without notice to you.

PAYMENTS

You acknowledge and agree that for each order you place through the Services, the full cost of products you order (for which prices are subject to change without notice) shall be assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a web browser command originating from your account constitutes an authorization for 247Waiter.com, Inc or this Restaurant Website to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the products.

REFUNDS

All refunds will be processed by 247waiter, Inc. If for any reason there is an issue with an order & it cannot be resolved with the restaurant, you must contact 247waiter, Inc. to issue the refund.

DISCLAIMER

247waiter, Inc. cannot control the nature of all of the content available on this Restaurant Website or food products sold via the Restaurant Website. By operating this Restaurant Website, 247waiter, Inc. does not represent or imply that 247waiter, Inc. endorses any sellers, sellers’ products, blogs, contributions or other content or products available on or linked to by this Restaurant Website, including without limitation content hosted on third party websites, or that 247waiter, Inc. believes food products, contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on this Restaurant Website or in connection with any sellers. 247waiter, Inc. is not responsible for the conduct, whether online or offline, of any user or employee of this Restaurant or this Restaurant Website.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THE WEBSITE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU AGREE THAT YOUR USE OF THIS RESTAURANT’S WEBSITE AND 247WAITER, INC. SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 247WAITER, INC., ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS RESTAURANT’S WEBSITE AND 247WAITER, INC. SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 247WAITER, INC. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS RESTAURANT’S WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND 247WAITER, INC. SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS RESTAURANT’S WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THIS RESTAURANT’S WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS RESTAURANT’S WEBSITE. 247WAITER, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THIS RESTAURANT’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND 247WAITER, INC. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL 247WAITER, INC. OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR 247WAITER, INC. SERVICES, EVEN IF 247WAITER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 247WAITER, INC.’S LIABILITY TO YOU FOR ANY CAUSE AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO 247WAITER, INC. FOR 247WAITER, INC. SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “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.”

PRIVACY

The website has an unrestricted right to collect and use any personal information you provide in connection with the Services, provided that any such use shall be in accordance with our Privacy Policy available publicly on the website. If you use the Services, you are accepting the terms and conditions of our Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless 247Waiter.com, Inc, the restaurant, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from (a) any information you (or anyone accessing the services using your password) submit or transmit through the Services, (b) your use of or access to the Services, (c) your violation of this agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Services.

INTELLECTUAL PROPERTY

The Services contain copyrighted and/or proprietary subject matter that is owned by 247waiter, Inc. and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Services are the property of 247Waiter.com, Inc and/or its affiliates, restaurants, licensors and/or licensees. You are not authorized to use any such Marks.

VENUE

Any legal action, suit, or proceeding arising out of or relating to this agreement, or your use of the Services, shall be subject to binding arbitration, to be conducted in the State of Maryland. This agreement shall be governed by Maryland law, without regard to conflict of law principles. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the enforceable provisions of this agreement shall remain in full force and effect.

COPYRIGHT INFRINGEMENT

Procedure for Making a Copyright Infringement Claim:

247waiter, Inc. respects the intellectual property of others and we request our users do the same. In certain circumstances and at its discretion, 247waiter, Inc. may, but is not obligated to, disable, suspend and terminate the accounts of users who may be infringing on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact 247waiter, Inc. at hello@247waiter.com with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
A description of where the material you claim is infringing is located on the site
Your name, address, telephone number, email address
A statement claiming that you have a good faith belief that the disputed use has not been authorized
A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.

Once Proper Infringement Notification is Received by the Designated Agent:

Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:

Remove or disable access to the infringing material;
Notify the content provider that we have removed or disabled access to the material; and
Terminate such content provider’s access to the Website if he or she is a repeat offender.

Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which the 247Waiter is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, 247waiter, Inc. may send a copy of the counter-notice to the original complaining party informing that person that 247waiter, Inc. may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at 247waiter, Inc.’s discretion.

The Designated Agent can be contacted by email or mail at the following address: hello@247waiter.com