This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.menuvative.com ("Menuvative.com") together with the Menuvative Mobile Application, as owned and operated by Interactive Menu Technologies, LLC., a Michigan Limited Liability Corporation, on behalf of any/all subsidiaries and/or affiliates, (collectively referred to as "IMT"). By using Menuvative.com and the Menuvative Mobile Application you agree to be bound by the terms and conditions of this Agreement and IMT's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).
By using the information, tools, features and functionality located on Menuvative.com and the Menuvative Mobile Application (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Menuvative.com website) or you are a "Member" (which means that you have registered with Menuvative.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to IMT. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with IMT.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.Back to Top
For information about IMT's data protection practices, please read IMT's Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how IMT treats your personal and menu information when you access Menuvative.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.Back to Top
The Service is an interactive menu design and synchronization service that allows Members to create digital menus on Menuvative.com and download those menu files onto compatible, registered tablet computers. Based on such information, the Service may also present information relating to third party products or services ("IMT Offers").
The Service is provided to you by IMT for a monthly or annual charge (license fee), the amount of which is based on the number of registered tablet computers in service, and is meant as an alternative solution to printed menus as a means of providing a bill of fare to restaurant costumers. It is not intended to provide any type of restaurant operational or sales oriented advice.Back to Top
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID, allows you to access the Service. That Login ID and password, together with any phone number or other contact information you provide form your "Registration Information."
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify IMT immediately at the email address: firstname.lastname@example.org.Back to Top
Your right to access and use Menuvative.com, the Menuvative Mobile Application, and the Service is reserved only for you and any individuals that you may provide administrative rights to from time to time. Only you may add, delete, or modify additional users in your Menuvative.com account. You and any additional registered users are only entitled to access and use Menuvative.com for lawful purposes for the length of your monthly or annual license paid for during the registration process. IMT may, at its sole discretion, levy a late payment charge of 5% of any overdue amount and/or discontinue the Service at any point after the expiration of your license.
Accurate records enable IMT to provide the Service to you. You must provide true, accurate, current and complete information about your account in our setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of Menuvative.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Menuvative.com or other actions that IMT, in its sole discretion, may elect to take.
From time to time, IMT may include new and/or updated features in the Service. You understand and agree that your use of new and/or updated features is voluntary and IMT is not obligated to provide you with such features. Furthermore, if you decide to use the new and/or updated features you agree to abide by any rules or restrictions IMT may place on them. You understand that once you use the new and/or updated features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the new and/or updated feature back to the earlier version. New and/or updated features are provided on an "as is" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the new and/or updated features is at your sole risk.
You agree that IMT may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant IMT a perpetual, worldwide, fully transferable, sub licensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to IMT in any way. IMT will not sell, publish or share your feedback in a way that could identify you without your explicit permission.Back to Top
IMT may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your IMT account, such as a change in your Registration Information.
Electronic alerts will be sent to the email address you have provided as your primary email address for Menuvative.com. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your password. However, alerts may include your Menuvative.com Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts.Back to Top
By submitting information, data, passwords, usernames, other log-in information, materials and other content to IMT through the Service, you are licensing that content to IMT solely for the purpose of providing the Service. IMT may use and store the content, but only to provide the Service to you. By submitting this content to IMT, you represent that you are entitled to submit it to IMT for use for this purpose, without any obligation by IMT to pay any fees or other limitations.
By using the Service, you expressly authorize IMT to access your Account Information on your behalf as your agent. IMT will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit IMT to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service.Back to Top
The contents of Menuvative.com and the Menuvative Mobile Application, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Menuvative.com and the Menuvative Mobile Application belong or are licensed to IMT. IMT grants you the right to view and use Menuvative.com subject to these terms. You may only download or print a copy of material content stored on Menuvative.com or the Menuvative Mobile Application that belongs to you for your internal use or the intended use of displaying your menu information to your customers. The distribution, reprinting or electronic reproduction of any material or content that does not belong to you from Menuvative.com or the Menuvative Mobile Application in whole or in part for any other purpose is expressly prohibited without our prior written consent.Back to Top
You agree that you will not:
As part of the Service, IMT allows Members to design, upload and store their menu content to the cloud via Menuvative.com. You agree in creating and uploading content to follow certain rules.
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH MENUVATIVE.COM AND THE MENUVATIVE MOBILE APPLICATION OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. IMT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF MENUVATIVE.COM, THE MENUVATIVE MOBILE APPLICATION OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
IMT MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON MENUVATIVE.COM OR OF THE SERVICE AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IMT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.Back to Top
NEITHER IMT, MENUVATIVE.COM, THE MENUVATIVE MOBILE APPLICATION, NOR THE SERVICE IS INTENDED TO PROVIDE ADVICE TO YOUR CUSTOMERS ON YOUR BEHALF. IMT IS NOT AN EMPLOYEE OF YOUR RESTAURANT. The Service is intended only to assist you in your organization, presentation, and display of your menu to your customers. Your menu material and content is uniquely yours, and any information and suggestive sales advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any menu presentation strategy, you should consider obtaining additional information and advice from qualified professionals in your industry regarding the content and delivery method of your menu material.Back to Top
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. IMT does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that IMT shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.Back to Top
IMT SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO MENUVATIVE.COM, THE USE OF THE MENUVATIVE MOBILE APPLICATION, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF IMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IMT'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF THE LICENSE FEE YOU PAID IMT FOR USE OF THE SERVICE.Back to Top
You shall defend, indemnify and hold harmless IMT and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.Back to Top
This Agreement will continue to apply until terminated by either you or IMT as set out below. If you want to terminate your legal agreement with IMT, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:
IMT may at any time, terminate its legal agreement with you:
IMT may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Menuvative.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.Back to Top
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if IMT does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which IMT has the benefit of under any applicable law), this will not be taken to be a formal waiver of IMT's rights and that those rights or remedies will still be available to IMT.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and IMT regarding the subject matter of the same, and supersedes all other previous agreements.
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