TERMS OF SERVICE
1. Your Acceptance
2. Appetas Description of Service
Appetas allows you to quickly create and publish a website for your restaurant. Your customized website will be optimized to quickly load on any mobile device, and upon further agreement between you and Appetas, Appetas will also create a page for your restaurant on social media sites (e.g. Facebook, Twitter, and Pinterest) and user review sites (e.g. Yelp, Foursquare).
We provide Users with Services, which include but are not limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video, also collectively known as the "Content").
3. User Accounts
You may visit our Site and preliminary view a sample of what your restaurant website will look like without registering. However, in order to create, edit, and publish your restaurant website, you will be required to register for an account. When creating an account, we will collect your name, address, email, and telephone number. If you decide to purchase our Service, you will be required to submit your credit card information to our third party payment processors. We may also ask you for additional information if necessary. You hereby agree and warrant that you are the owner, employee, or representative of the restaurant for which you create an account. You are prohibiting from creating or publishing a website for a restaurant for which you have no affiliation. If Appetas determines at its discretion that you are in violation of this provision, Appetas reserves the right to unpublish, delete, or otherwise remove your website without notice and prohibit you from using our Services in the future.
4. Your Responsibilities
You are responsible for your use of Appetas, and for all of the following:
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
5. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. All Materials and Services available on the Site, and all Material and Services provided by or through Appetas, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
When viewing the sample demos prior to purchase, in the gallery, you will see several photographic images used. These photos serve as example images only and are not included in the purchase price. The photos used in the demos are purely for demonstration purposes, and are used to give you a functional preview of what your website will look like once content has been added. The photos used in our demos are licensed from a third party and thus, these photos should not be saved, copied or redistributed by you in any way.
6. Access to Our Service and Limited License
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted.
7. Your Content
In creating and publishing your website, you will need to provide us with certain Content, which may include but is not limited to, your restaurant name, location, descriptions, menu, photographs, images, graphics, animations, audio and video, text, messages, or other similar data. We agree that you have sole ownership of your Content. As such, you are legally responsible for all of your Content and solely responsible for the accuracy and appropriateness of all your Content. In addition, you hereby grant Appetas a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services and hereby represent and warrant that you have all the rights necessary to grant us such license. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content regularly and frequently.
In order to fully create and publish your website, you will be required to submit payment using a valid credit card. To process your payment, we use Stripe. You must agree with Stripe’s terms and conditions before paying for any of our Services.
9. Subscription and Cancellation
Appetas is a subscription-based service. You may cancel our Service at any time by notifying us at firstname.lastname@example.org, which will result in your website being removed and no longer live on the web. If you wish us to preserve the unpublished website for any length of time, you must notify us in advance of your cancellation. Otherwise, we will delete your entire site and its data. If you are actively subscribed and do not cancel our Service, your subscription will be automatically renewed.
At Appetas we want to you to be satisfied with your purchase. If you are not satisfied with our Service for any reason, we offer a thirty (30) day money back guarantee of your entire purchase price. Additionally, Appetas may choose to issue a credit to your account at its sole discretion.
We may occasionally offer discounts or rewards through our Site. Please be aware that we have the sole discretion in honoring any discounts. We reserve the right to discontinue any awards at any time at our discretion. Our discounts and rewards have no monetary value and are not cash redeemable.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
13. Limitations on Liability
IN NO EVENT SHALL APPETAS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR PRODUCTS MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT. APPETAS IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF ANY PRODUCTS PURCHASED FROM OUR SITE.
14. Representations and Warranties
OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES NOT STATED WITHIN THIS AGREEMENT. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless Appetas, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
16. Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
17. Copyright Notices
We take copyright infringement very seriously. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
Although the EU does not have any written procedures for copyright complaints, please follow the copyright complaint instructions listed above. You must sign this notification and send it to our Copyright Agent, support@Appetas.com.
18. COPPA Compliance
Appetas and its Services may only be used by persons over 18 years and older. If you are under the age of 18 please do not submit any information to us and please stop using our Site and Service immediately.
19. Choice of Law
This Agreement shall be governed by the laws in force in Washington. The offer and acceptance of this contract is deemed to have occurred in Washington.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Redmond, Washington. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Appetas shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend Service or your account or any other provision of Services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
27. For California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Appetas must be addressed to our agent for notice and sent via certified mail to: Agent of Appetas, 13850 173rd Ave NE, Redmond, WA 98052.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Modified: March 3, 2013