Terms of Service

1. YOUR USE OF OUR Website and Services

1.1 Subject to your compliance with these Terms, we grant you a non-exclusive, non-perpetual, non-sublicensable, non-transferable, revocable right to:
1.1.1 access and use the Website and Services solely for your internal business purposes; and
1.1.2 download or print a copy of any portion of the Content to which you have properly gained access.

1.2 The Website and Services and any information provided in the Website and Services is not intended for access or use by or distribution to any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website and Services from outside the United States do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.3 The Website and Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Website and Services and we reserve the right to terminate access at any time if we have reason to believe you are younger than 18.

2. USER REGISTRATION

You may be required to register for an account (an “Account”) to use the Website and Services. You must provide accurate and complete information in your Account and keep that information up to date. We have the right, but not the obligation, to remove any false or incorrect information from the Website and Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 We or our licensors are the owner of all intellectual property rights in our Website and Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Website and Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. We reserve all rights in and to the Website and Services, Content, and Marks not expressly granted to you in these Terms.

3.2 Except as set out in this section or elsewhere in our Terms, no part of the Website and Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3.3 Any breach or threatened breach of this Section 3 will constitute a material breach of these Terms. If you wish to make any use of the Website and Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: hello@restaurant-resource.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Website and Services or Content, you must identify us as the owners or licensors of the Website and Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

4. YOUR SUBMISSIONS AND CONTRIBUTIONS

PLEASE REVIEW THIS SECTION AND THE "PROHIBITED ACTIVITIES" SECTION CAREFULLY PRIOR TO USING OUR Website and Services TO UNDERSTAND THE (A) RIGHTS YOU GIVE US AND (B) OBLIGATIONS YOU HAVE WHEN YOU POST OR UPLOAD ANYTHING TO THE Website and Services.

4.1 By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Website and Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

4.2 The Website and Services may allow you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality by which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Website and Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Website and Services and possibly through third-party websites. By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, fully-paid, worldwide right and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions, including your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images (including, without limitation, your image, name, and voice) and any and all other data you include in the Contribution for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions. Our use and distribution may occur in any media formats and through any media channels.

4.3 You are solely responsible for your Submissions and Contributions. You must not post, send, publish, upload, or transmit through the Website and Services any Submission nor post any Contribution that:
4.3.1 is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading, or that infringes any party's intellectual property or other proprietary rights;
4.3.2 contains personal information which you do not have necessary rights to share with us or make available to the public;
4.3.3 contains sensitive, regulated, or confidential data.

4.4 Although we have no obligation to monitor Submissions or Contributions, we shall have the right to remove or edit any Submissions or Contributions at any time without notice if in our reasonable opinion we consider such Submissions or Contributions to violate any part of these Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

4.5 We respect the intellectual property rights of others. If you believe that any material available on or through the Website and Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided in Section 15 of these Terms (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Website and Services infringes your copyright, you should consider first contacting an attorney.

5. PURCHASES AND PAYMENT

5.1 You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time upon notice to you.

5.2 You agree to pay all charges at the prices then in effect for your subscriptions and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the relevant subscription..

5.3 We reserve the right to refuse any order placed through the Website and Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, per household, or per subscription. These restrictions may include orders placed by or under the same name, customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. In the event we refuse or cancel an order pursuant to this Section, we will refund any pre-paid fees for portions of the Website and Services occurring after the cancellation date.

5.4 All payments shall be in US dollars and are non-cancellable and non-refundable.

5.5 We may offer a time limited free trial to new users who register with the Website and Services. If you do not cancel your subscription to the Website and Services prior to the end of the free trial, you will be charged according to the terms in this Section 5.

6. PROHIBITED ACTIVITIES

The Website and Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Website and Services, you agree not to:

6.1 systematically retrieve data or Content from the Website and Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

6.2 circumvent, disable, or otherwise interfere with security-related features of the Website and Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and Services and/or the Content contained therein.

6.3 disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website and Services.

6.4 promote or engage in the exploitation of minors, incite physical harm or violence against others, or act in any illegal, fraudulent, defamatory, libelous, obscene, or threatening manner;

6.5 promote or engage in harassment, intimidation, abuse, or discrimination against others;

6.6 make improper use of our support Website and Services or submit false reports of abuse or misconduct.

6.7 use the Website and Services if you are a competitor of Restaurant Resource.

6.8 export, make available, or use the Website and Services in a manner inconsistent with any applicable laws or regulations (including without limitation export control laws, restrictions, national security controls, economic sanction laws, or regulations of the United States or other applicable foreign agency or authority), or in a manner that violates or infringes any rights of any third party, including but not limited to, privacy rights, publicity rights, or intellectual property rights.

6.9 sell, license, sub-license, give, rent, timeshare, disclose, publish, market, display, transmit, broadcast, transfer or distribute lease, assign, transfer, pledge, or share your rights under there Terms (including any portion of the Website and Services) with any third party, or use the Website or Services in any service bureau arrangement.

6.10 upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, worms, malware or other malicious code that interferes with the Website or Services or with any party's uninterrupted use and enjoyment of the Website and Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website and Services.

6.11 delete any Marks or the copyright or other proprietary rights notice from any Content.

6.12 upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices.

6.13 interfere with, disrupt, or create an undue burden on the Website and Services or the networks or services connected to the Website and Services.

6.14 misrepresent or disguise the source of any content (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with us).

6.15 attempt to bypass any measures of the Website and Services designed to prevent or restrict access to the Website and Services, or any portion of the Website and Services.

6.16 disclose the results of any testing or benchmarking of the Website and Services to any third party.

6.17 copy, modify, translate, patch, improve, adapt, alter, change, or create derivative works of or distribute any part of the Website and Services (including by incorporation into any other products) or any part thereof.

6.18 except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website and Services.

6.19 except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website and Services, or use or launch any unauthorized script or other software.

6.20 use a buying agent or purchasing agent to make purchases on the Website and Services.

6.21 generate or send unsolicited communications, advertising, promotions or solicitations (also known as spam) or collect information of users for the purpose of sending spam.

6.22 use the Website and Services as part of any effort to compete with us or otherwise use the Website and Services and/or the Content for any revenue-generating endeavor or commercial enterprise not explicitly permitted by these Terms.

6.23 use the Website and Services in violation of these Terms.

7. THIRD-PARTY WEBSITES AND CONTENT

7.1 The Website and Services or Website may contain links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website and Services or any Third-Party Content posted on, available through, or installed from the Website and Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

7.2 Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website and Services or relating to any applications you use or install from the Website and Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we have no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.

8. WEBSITE AND SERVICES MANAGEMENT

8.1 We have the right to:
8.1.1 monitor the Website and Services for violations of these Terms;
8.1.2 take appropriate legal action against anyone who, in our sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities;
8.1.3 in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
8.1.4 in our sole discretion and without limitation, notice, or liability, to remove from the Website and Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
8.1.5 otherwise manage the Website and Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website and Services.

8.2 WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE Website and Services (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE Website and Services OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

8.3 There may be information on the Website and Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website and Services at any time.

8.4 We have the right, but not the obligation, to change, modify, or remove the Content or the Website and Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website and Services.

8.5 We cannot guarantee the Website and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website and Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website and Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website and Services during any downtime or discontinuance of the Website and Services. Nothing in these Terms will be construed to obligate us to maintain and support the Website and Services or to supply any corrections, updates, or releases in connection therewith.

8.6 You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and through the Website and Services, satisfy any legal requirement that such communication be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

9. PRIVACY POLICY

9.1 By using the Website and Services, you agree to be bound by our Privacy Notice, which is incorporated into these Terms. Please be advised the Website and Services are hosted in the United States. If you access the Website and Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, through your continued use of the Website and Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

9.2 We will maintain certain data that you transmit to the Website and Services for the purpose of managing the performance of the Website and Services, as well as data relating to your use of the Website and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website and Services. YOU AGREE THAT WE SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR CORRUPTION OF ANY SUCH DATA, AND YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST US ARISING FROM ANY SUCH LOSS OR CORRUPTION OF SUCH DATA.

10. TERM AND TERMINATION

10.1 These Terms shall remain in full force and effect while you maintain an Account and/or use the Website and Services.

10.2 You can cancel your subscription at any time by logging into your Account. Your cancellation will take effect at the end of the current term.

10.3 We may terminate your Account immediately and without notice in the event you breach these Terms. If we terminate or suspend your Account for any reason, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. WARRANTIES AND DISCLAIMER

11.1 By using the Website and Services, you represent and warrant that:
11.1.1 all Account information you submit will be true, accurate, current, and complete;
11.1.2 you will maintain the accuracy of your Account information and promptly update such Account information as necessary;
11.1.3 you have the legal capacity to and you agree to comply with these Terms;
11.1.4 you are not a minor in the jurisdiction in which you reside;
11.1.5 you will not access the Website and Services through automated or non-human means, whether through a bot, script or otherwise;
11.1.6 your use of the Website and Services will not violate any applicable law or regulation;
11.1.7 all Submissions and/or Contributions are original to you or you have the necessary rights and licenses, including any necessary consents under applicable privacy and intellectual property laws, to submit such Submissions and/or Contributions to grant us the rights contained herein; and
11.1.8 your Submissions and/or Contributions do not constitute confidential information of any person or party.

11.2 THE Website and Services ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE Website and Services WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Website and Services AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE Website and Services OR THE CONTENT. YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ENDORSE THE PRODUCTS OR Website and Services OFFERED ON THIRD-PARTY WEBSITES AND YOU SHALL HOLD US BLAMELESS FROM ANY HARM CAUSED BY YOUR PURCHASE OF SUCH PRODUCTS OR Website and Services. ADDITIONALLY, YOU SHALL HOLD US BLAMELESS FROM ANY LOSSES SUSTAINED BY YOU OR HARM CAUSED TO YOU RELATING TO OR RESULTING IN ANY WAY FROM ANY THIRD-PARTY CONTENT OR ANY CONTACT WITH THIRD-PARTY WEBSITES.

12. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE Website and Services, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $1,000.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL 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.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, regulatory fine, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

13.1 your Submissions or Contributions;

13.2 your use of the Website and Services;

13.3 any breach by you of these Terms or violation of applicable law;

13.4 any breach of your representations and warranties set forth in these Terms;

13.5 your violation of the rights of a third party, including but not limited to intellectual property rights; or

13.6 any overt harmful act toward any other user of the Website and Services with whom you connected via the Website and Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

14. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Website and Services or in respect to the Website and Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. These Terms and any rights and obligations hereunder may not be assigned by you but may be assigned by us in our discretion. We shall not be responsible or liable for any loss, damage, delay, or failure to act beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or your use of the Website and Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. These Terms shall be governed by and construed under the laws of the State of Missouri, without regard to principles and laws relating to the conflict of laws or the United Nations Convention on the International Sale of Goods. The competent courts of the State of Missouri shall have the exclusive jurisdiction with respect to any dispute and action arising under or in relation to these Terms.