Effective May 1, 2018
You agree to immediately cease use of the Site if you do not agree to these Terms in full. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
1) Use of the Site
- a) By accessing the Site in any way, you represent and warrant each of the following:
- i) you are at least 18 years of age or between the ages of 13 and 17 and using the Site with the express permission of a parent or guardian who agrees to be bound by these Terms;
- ii) you will only submit information to the Site or the Company that is accurate and complete in all respects;
iii) you will not purchase any Product (as defined below) that is illegal, restricted, or banned in your jurisdiction;
- iv) you will not purchase any Product using any Payment Information (as defined below) other than your own or that which you are expressly authorized to use for purchasing such Product;
- v) you will not use the Site in any way that may disrupt its accessibility for other users or to decode, decompile, reverse engineer, crawl, index, or scrape the Site or any of its content; and
- vi) you will not post any User Content (as defined below) which, in the Company’s sole discretion, is deemed to be offensive, infringing, commercial, derogatory, defamatory, harassing, lewd, or illegal.
- b) The Company may modify or discontinue the Site, or any of the Products featured on the Site, at any time and for any reason. In addition, your access to the Site (including your Account) may be terminated at any time and for any reason, with or without notice.
2) Modification to Terms
3) Account Registration
- a) The Site allows you to create an account for purposes of facilitating and tracking orders, viewing order history, and accessing other Site features (the “Account”). In order to create an Account, you will be required to submit a unique username and password. You agree to keep your username and password strictly confidential and not to share your Account with any other user.
- b) You agree to be responsible for all orders for Products and other actions undertaken by your Account.
4) Products and Ordering
- a) The Site offers a variety of products for purchase, pick-up and delivery (collectively, the “Products”). Product availability and pricing may change without notice. The Company reserves the right to discontinue any Product at any time.
- b) The Company endeavors to provide accurate Product details and other information. However, you acknowledge and agree that Product information may be inaccurate or outdated and that the Company shall not be responsible for any discrepancies in Product information.
- c) The Company may, in its sole discretion, refuse to complete any sale or transaction to any person. In addition, the Company may suspend an order after purchase if the Company believes that the order may be fraudulent. In such a case, the Company will either refund the purchase price or work with the issuing bank to resolve the problem.
- d) You agree to provide current, complete and accurate purchase and billing information for all purchases made through the Site or with the Company.
- e) To purchase any Product, you must provide a valid credit card number or other payment method and associated payment information, which may include (but is not limited to) any or all of the following: (i) your name as it appears on the credit card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your credit card (collectively, the “Payment Information”). By submitting Payment Information, you hereby authorize the Company to charge your Payment Information at our convenience (but within 30 days of receipt) for the full price of any Product plus applicable sales tax, surcharges, shipping and handling fees. The Company may utilize a third party payment processor to process your Payment Information, in which case either the Company or the third party payment processor will automatically bill your Payment Information as part of the order process for such price. The Company and the third party payment processor may receive updated credit card information from your credit card issuer or bank. Such updated information is provider at the discretion of your credit card issuer. Neither the Company nor the third party payment processor shall be responsible for any breach or distribution of your Payment Information.
- f) You agree to be bound by our Shipping and Refund Policy, which may be found here: [LINKS]
5) Intellectual Property
- a) You may be permitted to upload reviews, photos, and other information to the Site (collectively, the “User Content”). You agree to only upload User Content to which you own the rights. You grant to the Company an irrevocable, worldwide, royalty free, non-exclusive license to use, display and modify your User Content.
- b) The Company may delete or modify User Content at any time and without notice.
- c) The Company or its licensors are the exclusive owners of all content on the Site other than User Content. Such content is protected by copyright, trademark, and other laws of both the United States and foreign countries. Under no circumstance may you copy, share, transmit, display, or otherwise distribute any site content.
- a) If you believe that any content found on the Site violates your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:
- i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- ii) identification of the copyrighted work or works claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
- iv) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, an email address;
- v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- b) The Company’s designated Copyright Agent to receive notifications of claimed infringement is:
RIN Restaurants, LLC.
1500 East Lancaster Avenue – Suite 203-B
Paoli, PA 19301
- a) To the fullest extent legally permissible, you agree defend, and hold harmless the Company and its owners, officers, directors, and employees (collectively, “Affiliates”) from against any and all claims, demands, expenses, and damages, including attorneys’ fees, arising from or related to (i) your use of, reliance on, and access to the Site, (ii) your use of any product purchases from the Company, or (iii) your violation of these Terms.
8) Newsletter and Emails
- a) If you register for an Account or register for our email list, you may be emailed our newsletter and other messages from the Company from time to time. The Company complies with the CAN-SPAM Act. You agree that you have consented to receive emails from the Company by registering for an Account or our email list. You may opt-out of receiving emails from the Company (except those related to Purchases or administrative notifications) by following the opt-out or unsubscribe link in any promotional email you receive. You may not be able to opt out of administrative or Purchase related emails.
9) Disclaimers; No warranties
- a) THE SITE IS PROVIDED “AS-IS,” “WHERE-IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ACCURACY.
- b) Without limiting the generality of Section 9(a), the Company does not make any representation or warranty regarding (i) the Site (including the User Content); (ii) the functions, features, or any other elements on, or made accessible through, the Site; (iii) any Products sold through the Site or made available by the Company or any of its affiliates; (iv) the security of your personal information, including Payment Information, that may be transmitted through the Site or to the Company; (v) the accuracy and adequacy of any information available on the Site or provided by the Company; (vi) whether any defects to or errors on the Site will be located or corrected; (vii) whether your access to the Site will be error free or uninterrupted; or (viii) whether your use of the Site is lawful in any particular jurisdiction.
- c) The Products available through the Site are not intended to be used for commercial purposes. Without limiting the generality of Section 9(a), the Company specifically disclaims any representations and warranties for any commercial or high volume use of the Products.
10) Limitations of our Liability
- a) THE PRODUCTS ARE PROVIDED SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THE PRODUCTS ONLY IN A SAFE AND REASONABLE MANNER FOR THEIR INTENDED PURPOSES.
- b) IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING THOSE ARISING OUT OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, LOST PROFITS, WHETHER OR NOT FORESEEABLE OR ALLEGED TO BE BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY (INCLUDING DEATH OR PERSONAL INJURY) ARISING UNDER THIS AGREEMENT OR FROM YOUR USE OF ANY PRODUCT PURCHASED FROM OR OTHERWISE MADE AVAILABLE BY THE COMPANY OR THE SITE, EVEN IF THE COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- c) THE FULLEST EXTENT PERMITTED BY LAW AND WITHOUT WAIVING THE PROVISIONS OF SECTION 10 OF THE TERMS, IN NO EVENT WILL THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND THE PRODUCTS, EXCEED THE SUM OF $300.00 USD.
11) Additional Terms
- a) This Terms constitute the full, final and complete understanding of the parties regarding the subject matter hereof.
- b) The Terms shall be governed and interpreted solely in accordance laws of the State of Pennsylvania, without regard for the conflicts of law. Any dispute arising under, or related to, the Terms shall be brought exclusively in the state and federal courts of Pennsylvania. You consent to the exercise of personal jurisdiction and venue by such courts.
- c) THE PARTIES AGREE TO WAIVE THEIR RIGHTS TO CLASS OR GROUP LITIGATION AS IT RELATES TO THE TERMS AND THE PRODUCTS. DISPUTES SHALL BE BROUGHT INDIVIDUALLY.
- d) You may not assign the Terms under any circumstance. The Company may freely assign the Terms in the case of a merger, sale, restructuring, or reorganization of the Company
- e) In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, the remainder of the Terms shall continue in full force and effect to the maximum extent permitted by law. Such determination shall not affect the validity and enforceability of any other remaining provisions.
- f) The failure or delay of either party in exercising or enforcing any right arising hereunder shall not be construed as a waiver of such right.