These Services are subject to the terms and restrictions contained herein and are for personal use by Customers and their End Users only (“Users”). Any other use or attempt to use this Service, or any information provided through this Service for any purpose, directly or indirectly, by you or by an authorized third party, or for unauthorized use, is strictly prohibited.
2. OrderEm Obligations.
Contingent on OrderEm’s acceptance of a customer order or registration, and any third party or end user use of the system, and subject to these Terms of Service, OrderEm agrees to provide the Services and Support described in individual customer registrations and orders.
3. Permitted Use of This Service.
These Services are the property of OrderEm (a division of Sappote, Inc). and your access to this Service is with our permission. Any unauthorized access or use will be, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Service, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies.
We may in Our sole discretion reject any of the OrderEm Services you propose before We enable it. We may also, in Our sole discretion, cancel any of the above or any other Service after We have enabled it, by giving You 30 days’ notice (including via email). We reserve the right to use or reuse any rejected or cancelled URL, subject to any trademark rights owned by You or any third party.
4. Prohibited Use of this Service.
You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Service, our services and the method by which we provide our services to users. As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
(a) Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Service;
(b) Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Service for any other purpose, including but not limited food ordering;
(c) Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Service, its hardware and connections, or prohibits, denies or delays access to this Service by others;
(d) Download or copy any content displayed on this Service for purposes other than preserving information for your personal use;
(e) Establish any deep link or other connection to any specific page or pages of this Service other than the home page, without Company's prior written permission;
(f) Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the "CAPTCHA" system used as part of this Service's food ordering process. The CAPTCHA system requires the typing of characters on your computer screen, and you expressly agree that the typing will only be done manually by you on the keyboard of the computer or mobile device you are using to access this Service;
(g) Access, reload or refresh this Service's transactional event or food ordering, or make any other request to this Service's transactional servers, more than once during any two second interval;
(h) Submit or link to any content that infringes or violates the intellectual property or other rights of any person or entity contains false, deceptive language, harassing, defamatory, abusive, lewd, pornographic, or obscene material.
You expressly agree that you will use this Service only for lawful purposes. You will not post or transmit through this Service any material which:
(i) violates or infringes in any way upon the rights of others;
(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) creates or attempts to create any liability of the Company,
(v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission;
(vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or
(vii) threatens the continuous services of our hosting provider, suppliers and vendors.
Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Service is expressly prohibited. Any information or conduct such as described above is sole liability and responsibility of the individual facilitating or engaging in such use.
5. User Content.
We may, but are not obligated to, allow you to upload content for display on the Service. If we allow this feature, please choose carefully the information you post on the Service, provide to other Users and/or otherwise make available to us and through the Service. Your content may not include any form of Prohibited Content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Users (for instance, in their profile or displayed on the Service in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. As we state in more detail below, your use of the Service and its content is at your own risk. If you become aware of misuse of the Service or its features by any person, please click on the “Contact Us” link on the Service pages and follow the directions as to how to contact us.
We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Service if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers and/or our Users or for any other purpose we determine in our sole discretion.
You agree that all information you submit to OrderEm or a OrderEm Customer is accurate and that you will keep it current. If We have grounds to suspect that your profile information is untrue, inaccurate or incomplete, We have the right to suspend or terminate your account. During registration process, Users who provided an e-mail address and password are able to access OrderEm Services. It is your responsibility to maintain the confidentiality of your password, and you are responsible for any activities that occur in your account. You are responsible to notify us if your password has been hacked or stolen. Please notify Us by sending an email to info@OrderEm.com. You agree that We may send you important information and notices regarding the Services and your account by email, text messaging or other means based on the information you provide to Us. Each individual person is limited to one account.
6. Risk of Identification.
If You forget your user password, You can use our website to retrieve it. If you forgot, user email address, when you register we warn that email in use and you can request your password.
7. Content Posted.
You are solely responsible for your use of the Service, the Content that you post on or through the Service, and any material or information that you transmit to other Users and for your interactions with other Users.
8.Downloading Of Intellectual Property.
Other than Customer materials or third party materials that OrderEm uses in accordance with applicable law and content posted by Users, OrderEm owns all Service software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic content, and other copyrightable elements, including the selection and arrangement thereof, trademarks, service marks and trade names (collectively, the " Elements"). The Elements are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Elements to any third party (including, without limitation, the display and distribution of the Elements via your own or a third party Service) without OrderEm’s express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify any software included in the Elements. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. OrderEm neither warrants nor represents that your use of the Elements will not infringe rights of third parties.
OrderEm is not responsible for and makes no warranties, express or implied, as to any content on the Service, including, without limitation with respect to the accuracy and reliability of the OrderEm Content, user Content or other content posted on or through the Service, whether caused by us, by users, by any of the equipment or programming associated with or utilized by the Service, or otherwise. The user content does not necessarily reflect the opinions or policies of OrderEm. Profiles and third party applications created and posted by Registrants on the Service may contain links to other web Services. OrderEm is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by OrderEm. Inclusion of any linked website on the Service does not imply approval or endorsement of the linked website by OrderEm. When you access these Customer sites, services, applications, or third party sites, you do so at your own risk. OrderEm takes no responsibility for any of the content, nor does it take any responsibility for the goods or services provided by its advertisers. OrderEm is not responsible for the conduct, whether online or offline, of any Customer or User of the Service including, without limitation, any Content posted by any User. OrderEm assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Registrant communication. OrderEm is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of the Service or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall OrderEm be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at a OrderEm event, from any User Content posted on or through the Service, or from the conduct of any Users, whether online or offline. Additionally, OrderEm shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service. We will not be liable to you if you are unable to access Content or other materials through the Service.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.
The OrderEm Service is provided “AS-IS” and as available and OrderEm hereby disclaims OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, TITLE, MERCHANTABILITY AND THOSE THAT ARISE FROM ANY COURSE OF DEALING OR COURSE OF PERFORMANCE
OrderEm does not control food order wait time and cannot guarantee the availability of any food order from a restaurant at any particular time. OrderEm is not liable for unavailable or undelivered food orders or for any food borne illnesses caused by an order from a restaurant that use the OrderEm Services. In any issues with the food, customer should contact the restaurant directly to resolve the issues.
10. Limitation of Liability, Releases.
IN NO EVENT WILL THE COMPANY, ITS PARENT COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS SERVICE IS LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS PARENT COMPANY, INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS SERVICE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS SERVICE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
ANY LIABILITY THAT THE COMPANY, ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAY HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100. IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THE FOREGOING PROVISION WILL NOT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST THE COMPANY WHICH YOU DO NOT NOW KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS YOU HAVE.
You will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Service and for any and all charges related thereto.
OrderEm reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals, your sites, and the materials comprising the sites at any time. These investigations will be conducted solely for OrderEm's benefit, and not for your benefit or that of any third party. If the investigation reveals any information, act, or omission, which in OrderEm's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, this Agreement, or is otherwise deemed harm the Service, OrderEm may immediately shut down your access to the Service. You agree to waive any cause of action or claim you may have against OrderEm for such action, including but not limited to any disruption to your website. You acknowledge that OrderEm may, at its own discretion, reveal the information about your web server to alleged copyright holders or other complainants who have filed complaints with us.
Nothing contained in this Service should be construed as granting by implication, estoppel, or otherwise, a license or right to use any trademarks displayed on this Service without the prior written permission of OrderEm, Inc., or their respective owners.
14. Our Content.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available through this Service by Customers, Users, or third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Service by anyone other than our authorized spokespersons while acting in their official capacities. OrderEm maintains no liability, ownership, or responsibility, over any content displayed through the Service which was not directly provided by OrderEm.
Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any Services you may have with us and restrict or deny your access to our Service and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consent to injunctive or other equitable relief for any alleged breach.
16. Legal Proceedings.
Any legal proceeding, which is commenced for the purposes of seeking injunctive or other equitable relief, will be adjudicated by a court of competent jurisdiction sitting in the State of Florida, County of Orange and you and the Company expressly consent to the personal jurisdiction of the State and Federal courts sitting in Orange County, Florida.
You agree that you will, at your expense, indemnify, defend, settle, and hold the Company, its parent company, and their respective directors, officers, shareholders, employees, agents, and assigns harmless from and against all claims and expenses, including attorneys' fees, arising out of your use of this Service, including but not limited to any information, data, content, or otherwise, that you, a member of your organization, or unauthorized user, voluntary or involuntary upload, transfer, or make available to other users, third parties, or internally, through this Service, or any use of this Service that is not authorized by this Agreement. In addition you will pay any judgment awarded against us or any settlement agreed to by you, and any authorized expenses incurred by us. OrderEm reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with OrderEm in asserting any available defenses.
All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: OrderEm (a division of MunchEm, Inc.),
6735 Conroy Windermere Rd. Suite 213,
Orlando, FL 32835
Notice will be deemed effective 3 days after deposit with the United States Postal Service or courier. In addition, the Company may provide notice to you by either email or by registered courier, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
This Agreement is to be construed in accordance with the laws of the Orange County, in the State of Florida, without regard to its conflict of law’s provisions. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Service and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not constitute a waiver of our right to enforce the terms of this Agreement in the future for a similar breach.
20. Relationship to Other Agreements.