2. User License
You agree that your use of OrderAhead and or services on OrderAhead is subject to all applicable local, state and federal laws and regulations. You also agree:
- to comply with US law and local laws or rules regarding online conduct and acceptable material;
- not to use OrderAhead or their services or submit content to OrderAhead if you are under the age of 13;
- not to use OrderAhead to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery;
- not to access OrderAhead or services using a third-party’s account registration without the express consent of the account holder;
- not to use OrderAhead for illegal purposes;
- not to commit any acts of infringement on OrderAhead or with respect to content on OrderAhead;
- not to use OrderAhead to engage in commercial activities apart from sanctioned use of Kinetic Farm, Inc. services;
- not to copy any content, including, but not limited to restaurant menu content, for republication in print or on-line;
- not to attempt to gain unauthorized access to other computer systems from or through OrderAhead;
- not to interfere with another person’s use and enjoyment of OrderAhead or another entity’s use an enjoyment of OrderAhead;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and or
- not to disrupt, interfere with, or otherwise harm or violate the security of OrderAhead, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through OrderAhead or affiliated or linked sites (including those of our restaurant partners)
Harm from Commercial Use
You agree that the consequences of commercial use or re-publication of content or information from OrderAhead may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Kinetic Farm, Inc. will be entitled to temporary and permanent injunctive relief to prohibit such use.
3. Termination and Modifications to OrderAhead
Kinetic Farm, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, OrderAhead and/or services offered on or through OrderAhead (or any part thereof), including but not limited to OrderAhead’s features, look and feel, and functional elements and related services.
5. Disclaimer of Warranties
- THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH OrderAhead (WHETHER PROVIDED BY Kinetic Farm, Inc., YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, Kinetic Farm, Inc. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
6. Limitation of Liability
- IN NO EVENT SHALL Kinetic Farm, Inc. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF Kinetic Farm, Inc. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH OrderAhead. Kinetic Farm, Inc. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM OrderAhead. Kinetic Farm, Inc. ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH OrderAhead, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL Kinetic Farm, Inc.’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO Kinetic Farm, Inc. OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
7. Your account, password, and security
- You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify Kinetic Farm, Inc. of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. Kinetic Farm, Inc. will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
As a courtesy to you, OrderAhead may offer links to other websites. Some of these websites may be affiliated with Kinetic Farm, Inc. while others are not. Kinetic Farm, Inc. is not responsible for the contents of any website pages created and maintained by organizations independent of Kinetic Farm, Inc.. Visiting any such third-party website pages is at your own risk. Kinetic Farm, Inc. has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Kinetic Farm, Inc.. By using OrderAhead you acknowledge that Kinetic Farm, Inc. is responsible neither for the availability of, nor the content located on or through any third-party website pages.
Marks, logos, and names of Kinetic Farm, Inc., used on or in connection with OrderAhead may not be used in connection with any product or service that is not under Kinetic Farm, Inc.’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Kinetic Farm, Inc.. All other trademarks not owned by Kinetic Farm, Inc. (or its affiliates) that appear on OrderAhead are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kinetic Farm, Inc. or its affiliates.
11. Jurisdiction, Applicable Law, and Limitations
Headings & Construction
13. Contact Kinetic Farm, Inc.
For purposes of providing notice of cancellation or termination, contact us at: email@example.com.
Effective Date: September 14, 2011