Terms of Service
Please read this Agreement carefully before accessing or using this website. This website is available only to individuals who are at least 13 years old.
The website packages offered by Restaurant eSolutions are subscriptions in which you can enroll and then receive use of all or a portion of the Package, subject to the terms herein and Restaurant eSolutions policies and procedures. The subscription includes access to support via telephone or email with reasonable efforts by Restaurant eSolutions to respond within one business day. Subscriptions can be canceled by you at any time with no further obligation by providing written notice to Restaurant eSolutions, provided you did not agree to a term longer than one month. If you agreed to a term longer than one month, then you will be required to pay for the subscription for the agreed upon term.
2. Fees, Payment and Renewal.
By placing an order, you agree to pay Restaurant eSolutions the monthly fees indicated on the Website in exchange for access to or use of the Package. After the trial period, payments will be charged on a pre-pay basis for the monthly or annual subscription period as indicated. Fees are not refundable. Unless you notify Restaurant eSolutions before the end of the applicable subscription period that you want to cancel your subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Restaurant eSolutions reserves the right to change the payment terms and fees upon thirty (30) days prior notice, and you agree that the posting of new rates and fees on the Website shall be sufficient notice to you.
3. Your Subscription Account and Site.
If you place an order with Restaurant eSolutions or create a website on a Restaurant eSolutions platform or direct Restaurant eSolutions to create a website or online ordering site for you, you will be provided an account and login credentials to access sections of your website and make revisions. You are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Restaurant eSolutions may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Restaurant eSolutions liability. You must immediately notify Restaurant eSolutions of any unauthorized uses of your site, your account or any other breaches of security. Restaurant eSolutions 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.
4. Responsibility of Contributors.
If you operate a site, comment on a site, post material to a site, post links on a site, or otherwise make (or allow any third party to make) material available by means of your account or your access to the Package (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine-generated or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other sites and web sites, and similar unsolicited promotional methods;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Restaurant eSolutions or otherwise.
By submitting Content to Restaurant eSolutions for inclusion on your account or website, you grant Restaurant eSolutions a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site. If you direct us to delete Content, Restaurant eSolutions will use reasonable efforts to remove it from the Website or your site, but you acknowledge that as a result of caching or references to the Content, it may not be made immediately unavailable. Without limiting any of the representations or warranties, Restaurant eSolutions has the right (though not the obligation) to, in Restaurant eSolutions’s sole discretion (i) refuse or remove any content that, in Restaurant eSolutions’s reasonable opinion, violates any Restaurant eSolutions policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Package or account to any individual or entity for any reason, in Restaurant eSolutions’s sole discretion. Restaurant eSolutions will have no obligation to provide a refund of any amounts previously paid.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website. Restaurant eSolutions does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Restaurant eSolutions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Restaurant eSolutions disclaims any responsibility for any harm resulting from your use of external websites and webpages.
6. Copyright Infringement and DMCA Policy.
Restaurant eSolutions respects the intellectual property rights of others and thus requires you to respect its intellectual property rights and the intellectual property rights of others. In accordance with Digital Millennium Copyright Act, Restaurant eSolutions will investigate and respond to notices of infringement of intellectual property rights. Restaurant eSolutions shall have the right to remove any material that it believes to be infringing material or disable any links to such material. Restaurant eSolutions may terminate access to and use of the Package if, under appropriate circumstances, a user is determined to be a repeat infringer of the copyrights or intellectual property rights of Restaurant eSolutions or others. In the case of such termination, Restaurant eSolutions will have no obligation to provide a refund of any amounts previously paid to Restaurant eSolutions.
7. Intellectual Property.
This Agreement does not transfer from Restaurant eSolutions to you any Restaurant eSolutions or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Restaurant eSolutions. You agree that certain elements of the Package, including but not limited to the website platforms, modules, and code, are the exclusive property of Restaurant eSolutions and shall not be reproduced or used or hosted anywhere other than within your account and subscription with Restaurant eSolutions. Restaurant eSolutions, restaurantesolutions.com, the Restaurant eSolutions logo, and all other trademarks, service marks, graphics and logos used in connection with the Website or the Package are owned by Restaurant eSolutions. Other trademarks, service marks, graphics and logos used in connection with the Website or Package may be the trademarks of other third parties. Your use of the Website or Package grants you no right or license to reproduce or otherwise use any Restaurant eSolutions or third-party trademarks.
8. Payment Processing.
If you opt to accept credit card payments through our online ordering platform, then you will open a merchant account with an approved payment processor, and we will integrate your online ordering account with your merchant account through a payment gateway provided by your payment processor. Your merchant account and gateway account will be controlled by you, and you will be responsible for verifying that you are receiving the correct amounts from the payment processor. When your customers pay via credit card, they will be required to provide their credit card number, card expiration date, CVV code, billing postal code, and cardholder name to complete a transaction. That information will be transmitted to your gateway account using industry standard encryption. Restaurant eSolutions and our platform will not store the full credit card information from transactions on our servers.
9. Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities. If you wish to purchase a domain name owned by Restaurant eSolutions, you agree that Restaurant eSolutions will be entitled to a fair value price for the domain.
Restaurant eSolutions reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to regularly check the Website for changes to this Agreement. Your continued use of the Package following the posting of any changes to this Agreement to the Website constitutes acceptance of those changes. Restaurant eSolutions may also, in the future, offer new services and/or features and/or enhancements to the Package (including, the release of new tools and resources). Such new services, features and/or enhancements shall be subject to the terms and conditions of this Agreement.
If you wish to terminate this Agreement and your account with Restaurant eSolutions, you may do so at any time by contacting support via email or by calling (888) 648-8482. Restaurant eSolutions may terminate your access to all or any part of the Package at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, copyrights, intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties.
The Website and the Package are provided “as is”. Restaurant eSolutions and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Restaurant eSolutions nor its suppliers and licensors, makes any warranty that the Website and the Package will be error free nor that access thereto will be continuous or uninterrupted. You understand that your use of the Website and the Package are at your own discretion and risk.
13. Limitation of Liability.
In no event will Restaurant eSolutions, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Restaurant eSolutions under this agreement during the twelve (12) month period prior to the cause of action. Restaurant eSolutions shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty.
You agree to indemnify and hold harmless Restaurant eSolutions, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website or the Package, including but not limited to your violation of this Agreement.
16. Governing Law
This agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of Maryland without giving effect to its conflict of law rules.