1. CONTRACTUAL RELATIONSHIP & Acceptance of these terms.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and M Squared (Eleat App). This applies if you are registered as an account user or if you access the Services as a guest. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. M Squared may immediately terminate these Terms or any Services with respect to you, or cease offering or deny access to the Services of any portion thereof, at any time, for any reason, or for no reason at all. M Squared reserves the right to modify these Terms at any time without prior notice. You agree that each time you access the Services you shall be subject to the then-current Terms, and continued use of the Services now or following modifications in these Terms confirms that you have read, accepted, and agree to be bound by such modifications.
Supplemental terms may apply to certain Services, and those supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
2. THE SERVICES.
The Services constitute a technology platform that enables users of M Squared’s mobile applications or websites provided as part of the Services to arrange food and beverage delivery services or dine-in reservation, food and beverage ordering, and payment processing with third-party providers of such services, including independent third-party restaurants, take-out restaurants, third-party payment processing companies, and third party delivery/transportation providers or third party beneficiaries under agreement with M Squared (“Third Party Providers”). The services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT M SQUARED DOES NOT PROVIDE LOGISTICS, FOOD, BEVERAGE, PAYMENT PROCESSING OR HOSPITALITY SERVICES. M SQUARED’S SERVICES MAY BE USED BY YOUR TO REQUEST AND SCHEDULE FOOD AND BEVERAGE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT M SQUARED HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY FOOD, BEVERAGE, HOSPITALITY, PAYMENT PROCESSING, OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS THROUGH THE USE OF THE SERVICES OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
M SQUARED DOES NOT GUARANTEE THE SUITABILITY OR SAFETY OF THIRD PARTY PROVIDERS. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A THIRD PARTY PROVIDER WILL MEET YOUR NEEDS AND EXPECTATIONS. M SQUARED WILL NOT PARTICIPATE IN DISPUTES BETWEEN YOU AND A THIRD PARTY PROVIDER. BY USING THE SERVICES, YOU ACKNOWLEGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING THIRD PARTY PROVIDERS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL, OR OTHERWISE OBJECTIONABLE, AND THAT USE OF THIRD PARTY PROVIDERS ARRANGE USING THESE SERVICES IS AT YOUR OWN RISK AND JUDGMENT. M SQUARED SHALL NOT HAVE ANY LIABILITY IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH THIRD PARTY PROVIDERS.
3. USER LICENSE.
Scope. M Squared grants you permission (which may be revoked at any time for any reason or no reason) a limited, non-exclusive, nonsublicensable, revocable, non-transferrable license to: (i) access and use the Services through application and website on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information, and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by M Squared and M Squared’s licensors.
User Conduct. You agree that your use of the Services is subject to ALL applicable local, state, and federal laws and regulations. You also agree:
4. USER SUBMISSIONS CONTENT.
Some of the services offered by M Squared through the Services allow you and others to post, transmit, display, publish, distribute or otherwise submit user generated material including, but not limited to, restaurant reviews to the Sites and Applications (“Submissions”). You agree not to create any Submission that:
5. Harm from Commercial Use
You agree that the consequences of commercial use or re-publication of content or information from the Sites and Services may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that M Squared will be entitled to temporary and permanent injunctive relief to prohibit such use.
6. GENERAL RESTRICTIONS.
You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted by M Squared in writing; (iii) decompile, reverse engineer or disassemble the Services except as expressly permitted by applicable law and permitted by M Squared in writing; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related system or networks.
7. USER REPRESENTATIONS AND WARRANTIES.
Each time you provide a submission to the Application(s) or Services, you represent and warrant that you have the right to provide such Submission, which means:
8. REVIEW AND REMOVAL OF MATERIAL.
M Squared reserves the right (but disclaims any duty, obligation, or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions that M Squared believes, in its absolute and sole discretion, may violate any of the terms above. You may contact M Squared at email@example.com or PO Box 40368, Arlington, VA 22204 to request removal of a Submission. However, M Squared disclaims any duty, obligation or responsibility to comply with such request except as specifically outlined in this paragraph. M Squared also reserves the right (but disclaims any duty, obligation, or responsibility ) to refuse to post, remove in their entirety or edit (at any time and without prior notice) any Submissions on the Sites or Services for any reason or no reason at all, in its absolute an sole discretion.
[The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Submissions posted by the Sites or Services infringe your copyright, you (or your agent) may send M Squared a notice requesting that the Submission(s) be removed from the Site(s) or Services, or access to it be blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Sites are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow M Squared to locate the Submission(s); (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the Submission in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Sites or Services should be sent to Address. M Squared suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. We reserve the right to terminate the account of any user who is a copyright infringer.]
9. USER LICENSE GRANT TO M SQAURED.
10. THIRD-PARTY SERVICES AND CONTENT.
11. OWNERSHIP AND PROPRIETARY RIGHTS.
12. YOUR USE OF THE SERVICES.
User Accounts. In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”) or use the Services as a Guest. You must be at least 13 years of age to obtain an Account or to use the Sites and Services as a guest. Account registration requires you to submit to M Squared certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in your inability to access and use the Services or M Squared’s termination of this agreement with you. You are responsible for all activity that occurs under your Account, and as such, you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by M Squared in writing, you may only possess one Account.
User Requirements. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances M Squared or a third-party provider may require you to provide proof of identity to access or use the Services, and you agree that you may be denied access or use of the Services if you refuse to provide proof of identity.
Push Notifications and Text Messaging. By creating an Account, or using a device to access Services as a guest, you agree that the Services may send you informational notifications by Push Notifications or Text (SMS) as a part of the normal business operation of your use of the Services. You may opt-out of receiving text messages by texting the word STOP to the M Squared sender from the mobile device receiving the text messages. You acknowledge that opting out of receiving text (SMS) messages or disabling your receipt of Push Notifications or text messages from your device may impact your use of the Services.
Promotional Codes and Rewards Program: M Squared may, in M Squared’s sole discretion, create promotional codes or a Rewards Program that may be redeemed for Account credit or other features or benefits related to a Third Party Provider’s Service, subject to terms that M Squared establishes on a per promotional code basis. You agree that Promotional Codes or Rewards Program: (i) must be used for the intended audience and purpose, and in a lawful manner%