Terms of Service
Last Updated: April 5th, 2022
This mobile application (“App”) is provided by unPLUG Dining, Inc. (“unPLUG”, “we” or “us”). These Terms of Service (“Term”) constitute a binding agreement between you (“End User” or “you”) and unplug and governs your use of the App. The App is licensed, not sold, to you.
By registering, accessing, or using our App, you are agreeing and acknowledging:
- Have the authority to enter into the Terms;
- That you have read and understand by the Terms; and
- Accept these Terms and agree that you are legally bound by them.
We may revise and update this Terms at any time, so please review the Terms periodically for changes. Your continued use of the App means that you accept the revised Terms.
1. License to Use this App.
Subject to your compliance with these Terms, unPLUG grants you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) and access, stream, download, and use on such Mobile Device the content and services made available in or otherwise accessible through the App, strictly in accordance with these Terms.
You shall not:
· Break the Law. Use of the App in any way that violates the law, including appliable intellectual property and privacy rights owned by others, as well as local, state, federal, and international laws prohibiting fraud, theft, anti-competitive conduct, harassment, threatening conduct, or any other unlawful acts or crimes against unPLUG, another unPLUG user, or a third party.
· Be Dishonest and Disrespectful. Even if your conduct is not unlawful, you may not use the App to harass, threaten, intimidate, or impersonate someone else or otherwise attempt to mislead others as to your identity.
· Steal. You may not use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our App or to reverse engineer or attempt to obtain the source code of the App. You also agree not to reproduce, duplicate, copy, modify, sell, re-sell or exploit any content from our App for any commercial, educational, or any other non-personal purpose or for any purpose unrelated to your business, without our express written consent.
· Try to Harm Our Systems. Don’t upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, spiders, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
If we believe you are misusing the App or violating these Terms in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account, use and access to the App.
2. Your Account SecurityCertain features or services offered on or through our App may require you to provide login credentials. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify unPLUG immediately of any unauthorized use of your account or password, or any other breach of security and understand you remain responsible, and may be held liable, for any activity on your account resulting from your failure to keep your account information secure and confidential.
3. Term and TerminationYou may terminate these Terms by deleting the App and all copies thereof from your Mobile Device. The Terms shall remain in effect until the earlier to occur of (i) you terminate your account and delete the App, or (ii) unPLUG terminates your account and/or access to the App, with or without notice (the “Term”). In addition, the Term ends immediately and automatically without any notice if you violate any of the Terms and conditions of these Terms. Upon termination for any reason, you will no longer be entitled to access or use the App and you must cease all use of the App and delete all copies of the App from your Mobile Device. Termination will not limit any of unPLUG’s rights or remedies at law or in equity.
4. Intellectual Property Rights
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. unPLUG reserves and shall retain its entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
The content of the App is protected by copyright, trademark and other intellectual property laws and may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted or modified, without the express prior permission of unPLUG. You may view all publicly available content for you own personal, non-commercial use, but you otherwise have no other rights to our content, and no other use is permitted without the prior written consent of unPLUG. You may not sell, assign, transfer, license, sublicense, or modify the content or display, reproduce, publicly perform, make a derivative version of, distribute, or otherwise use the content in any way for any public or commercial purpose.
Graphics, logos, designs, page headers, button icons, scripts, and service names available on the App are our or the restaurant’s trademarks, and may not be used in any manner that is likely to cause confusion, including as part of trademarks, domain names, keyword advertisements, or email addresses.
5. Use of Your Data on the App.You acknowledge that when you download, install, or use the App, unPLUG may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to our Privacy Notice [INSERT AS LINK TO MOBILE APP PRIVACY NOTICE].
6. Governing Law.Illinois law governs these Terms, as well as any claim, cause of action or dispute that might arise between you and unPLUG, without regard to conflict of law or choice of law rules. We make no representation that our App is appropriate, legal or available for use in locations outside of the United States. If you choose to access our App you agree to do so subject to the laws of Illinois and the United States.
7. Modifications and Interruptions to the App.You acknowledge and accept that unPLUG does not guarantee continuous, uninterrupted, or secure access to our App. Furthermore, you acknowledge and accept that operation or use of our App may be interfered with or adversely affected by numerous factors or circumstances outside of our control and that unPLUG will not be liable for any modifications, interruptions, outages, downtimes or disruptions to our App. unPLUG reserves the right to modify or discontinue our App with or without notice.
8. Disclaimer of WarrantiesTHE APP IS PROVIDED BY UNPLUG DINING ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. UNPLUG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THE APP IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. UNPLUG SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNPLUG DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION TO THE FOREGOING, UNPLUG PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THE ABOVE-REFERENCED EXCLUSIONS MAY BE APPLICABLE TO YOU.
9. Limitation of Liability.UNPLUG SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE APP OR THE INFORMATION CONTAINED IN THE APP, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF UNPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. IN ANY EVENT, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING HEREUNDER OR RELATED HERETO SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL AMOUNT PAID BY YOU FOR THE APP.
10. Indemnification.You agree to indemnify and hold unPLUG, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use or misuse of, or inability to use the App; (ii) your infringement; (iii) your violation of the Terms or your violation of any rights of a third party; (iv) your interactions with or conduct towards any user of the App; or (v) your violation of any applicable law, rules or regulations. unPLUG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.
12. Miscellaneous.If any provision of the Terms is deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected and shall remain valid and enforceable to the fullest extent under law. You agree that the Terms and any other agreements referenced herein may be assigned by unPLUG, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your access and use of the App.
13. Contact Us.If you have any questions or comments regarding the Terms, please contact us at [email protected].