Food Ordering Solutions

1 (888) 891-3701

Terms of Service

Terms of UseTerms and conditions governing your use of Dimenu Software and related service(s) (collectively, the "Service"):

1. Use

A- You are responsible for the content and accuracy of all menus and other information submitted by you to Dimenu (AM Web Pro Inc.) or entered into the Service (the "Submitted Materials"). Because of the volume of information submitted to AM Web Pro Inc., AM Web Pro Inc.
cannot be responsible for verifying facts contained in Submitted Materials.

B- AM Web Pro Inc. reserves the right (i) to reject or edit Submitted Materials, provided that substantive edits to the Submitted Materials will not be done without your consent; and (ii) to remove any digital menu from its web site, pull any digital menu from distribution to handheld devices (e.g., Android®, iPad®, etc.) or deny approval to any digital menu. AM Web Pro Inc. can only remove Submitted Materials from its network, and AM Web Pro Inc. makes no representation or warranty regarding the removal of Submitted Materials from sites outside of the AM Web Pro Inc. network.

C- AM Web Pro Inc. endeavors to disseminate Submitted Materials to customers' devices promptly and accurately. Any inadvertent errors by AM Web Pro Inc. will be corrected promptly upon discovery, without additional charge, and such obligation to correct shall constitute the sole liability of AM Web Pro Inc. in this regard.

D- All Submitted Materials transmitted by AM Web Pro Inc. must contain a user-supplied contact name, physical address of the food venue, phone number and e-mail address that may be verified by
AM Web Pro Inc.

E- Where Submitted Materials include images, You grant to AM Web Pro Inc. an exclusive revocable license to use, copy, distribute, transmit, display and publish such images in connection with
Your digital menus. You also expressly agree not to display, transmit or use these images in any way in connection with any services competing with AM Web Pro Inc.

F-. You agree to use the Service for its intended purpose and not for any illicit purposes including, but not limited to, the reverse engineering of the site and/or its processes and the inclusion of such processes or services in a derivative service. You shall not query, spider or access any AM Web Pro Inc. systems without the express written consent of AM Web Pro Inc..

G-. You agree that You are solely responsible for connectivity within your premises.

2. Suspension, Termination

A. AM Web Pro Inc. may suspend or terminate your account at any time at its discretion. Should You violate Section 1.F. of the present Terms of Service or revoke the AM Web Pro Inc's license, AM Web Pro Inc. shall terminate your account and suspend your access to the Service within 30 days from the date of the violation/revocation. Notwithstanding the foregoing, if you breach any material term or condition herein, then, in addition to any of its other rights or remedies, AM Web Pro Inc. reserves the right to suspend your access to the Service.

3. Billing

A. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations
are noncancelable and all amounts paid are nonrefundable. You must provide AM Web Pro Inc. with valid credit card information to use the Service. AM Web Pro Inc. reserves the right to modify its fees and charges and to introduce new charges at any time.

B. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States
(federal or state) taxes based solely on AM Web Pro Inc.'s income. If you believe your bill is incorrect, you must contact us in writing within 30 days at the following address: AM Web Pro Inc., 32 hastings St Suite 202 Mendon, MA 01756.

C. You agree to provide AM Web Pro Inc. with complete and accurate billing and contact information. You
agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, AM Web Pro Inc. reserves the right to terminate your access to the Service in addition to pursuing any other legal remedies.

D. Unless otherwise agreed to by AM Web Pro Inc., amounts will be billed in U.S. dollars.

4. Warranties; Limitation of Liability

A. You represent and warrant to AM Web Pro Inc. that (i) you have the right to deliver the Submitted Materials to AM Web Pro Inc., (ii) you will comply with all applicable laws, rules and regulations, (iii) Submitted Materials will not contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, trademark, right of privacy or publicity or other right of any person; (iv) Submitted Materials will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys, infiltrates or inhibits the operation of computer systems including, but not limited to the Service or data stored within such computer systems including, but not limited to the Service; and (v) AM Web Pro Inc. shall not be liable for any damages or causes of actions stemming from any network downtime or any other connectivity issues.


C. You understand and agree that AM Web Pro Inc.’s entire liability for damages for any claims arising under or in connection with your use of the Service, regardless of the cause of action, whether in contract or in tort (including without limitation, breach of warranty and negligence claims) shall be limited to your actual direct damages, not to exceed the amounts actually paid by you for your use of the Service during the six (6) months immediately preceding the month in which the cause of action arose. IN NO EVENT SHALL AM Web Pro Inc. HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Indemnification

A. You shall indemnify (“Indemnitor”) and hold harmless AM Web Pro Inc. (“Indemnitee”), its affiliated
companies and its third party vendors, including distributors, from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) arising out of or relating to any breach by you of any representations and/or warranties contained herein or otherwise arising out of or relating to the Submitted Materials.

6. Miscellaneous

A. AM Web Pro Inc. facilities are governed by Federal and State regulations.

B. Dimenu is a trademark of AM Web Pro Inc., and no right or license is granted to use them. Certain content available through and used to operate the Service is protected by copyright, trademark, patent, or other proprietary rights of AM Web Pro Inc. and its affiliates, licensors, and/or service providers. You shall not (i) use any of the trademarks, service marks, logos or other content accessible through the Service other than as set forth herein or as approved by AM Web Pro Inc.; or (ii) modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by AM Web Pro Inc. in connection with the Service. All rights not expressly granted to you herein are reserved by AM Web Pro Inc.

C. You shall not hold yourself out as in any way as sponsored by, affiliated with, or endorsed by AM Web Pro Inc. or its subsidiaries or affiliates. You agree not to (i) defame or disparage AM Web Pro Inc., its trademarks or service marks, or the Service; or (ii) adapt, translate, modify, decompile,

disassemble, or reverse engineer the Service or any software or programs used in connection
with the Service.

D. You consent to receive communications from AM Web Pro Inc. concerning the Service electronically by email to the email address you provided in connection with your account. You also consent to receive communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which AM Web Pro Inc. sends communications by notifying Aptito in writing (which may be by email).

E. By registering for the Service or submitting Submitted Materials, you agree to be bound by these terms and conditions. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions. Should you violate these terms and conditions or any other rights of AM Web Pro Inc., AM Web Pro Inc. reserves the right to pursue any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts.

F. You are responsible for all activity occurring under your account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service. Your obligations shall be binding on your heirs, successors, agents, employees, contractors and assigns.

G. AM Web Pro Inc. reserves the right to modify these terms and conditions or its policies relating to the Service at any time, effective upon posting of an updated version on the Service. You are responsible for regularly reviewing these terms and conditions. Continued use of the Service after any such changes shall constitute your consent to such changes.

H. You acknowledge and agree that you and AM Web Pro Inc. are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.

I. This Agreement shall be governed by and construed under the laws of the State of Masachusetts exclusive of its conflict of laws provisions. Any suit hereunder will be brought in the federal or state courts located in the State of Masachusetts, and you submit to the personal jurisdiction thereof.

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How to find us

Phone: 1 (888) 891-3701

32 Hastings St Suite 202
Mendon, MA 01756

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