These terms and conditions (these "Terms of Use") govern your use of the website located at http://www.urmenu.app, any related mobile application, and any part of the website or mobile application (collectively, the "Online Platform"), all of which are owned and operated by Mass Systems Services, Inc. ("we", "our", "us").BY USING THE ONLINE PLATFORM, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE ONLINE PLATFORM.
We reserve the right, at our sole discretion, to add, remove or modify any part of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Online Platform following the posting of changes to these Terms of Use will mean that you accept and agree to the changes. If you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited right to use the Online Platform.
Privacy
Our Privacy Policy applies to your use of the Online Platform and its terms are hereby incorporated into these Terms of Use by reference. If you do not agree with any of the terms of the Privacy Policy, please do not use the Online Platform or submit any personal information to us.
Content
All information, content, materials or other services provided to you through the Online Platform (collectively, "Content") is our property or has been licensed to us, and may be protected by copyright, trademark, patent, and other intellectual property laws as applicable. Content includes but is not limited to text, graphics, logos, icons, trademarks, artwork, audio content, audiovisual content, data compilations, systems, and applications. You may not copy, reproduce, republish, post, distribute, transmit, license, sell, create derivate works of or otherwise exploit any Content without our prior written permission or as permitted under applicable laws.
You may use information contained on the Online Platform as permitted under applicable laws or for personal and legitimate business purposes only, provided that you do not
Prohibited Uses
You may not use the Online Platform for any purpose or in any manner that may violate these Terms of Use or any applicable laws or regulations. You may not use any viruses, spyware, malware, data gathering tools or any other malicious code in connection with use of the Online Platform. You may not attempt to gain unauthorized access to any portion or feature of the Online Platform or any of our systems or networks. You may not misuse the Online Platform or interfere or attempt to interfere with the proper working of the Online Platform or any person's use of the Online Platform.
Products and Services
The information, materials, products, and services posted on or offered through the Online Platform are subject to change and may not be available in all geographic areas. We reserve the right to limit the provision of any information, materials, products or services to any person or geographic area at our sole discretion. Any offer for any product or service made on the Online Platform is void where prohibited.
Primary Agreements
These Terms of Use may supplement terms of service and/or terms of sale, as the case may be, which apply to purchases of goods or services described or offered for sale on or through the Online Platform ("Primary Agreements"). In the event of a conflict between these Terms of Use and the Primary Agreements, the terms and conditions of the Primary Agreement will prevail to the extent of the conflict.
Links
The Online Platform may contain links to one or more third party websites (each a "Third Party Website"). We provide such links solely as a convenience to you and are not responsible for the content or practices of Third Party Websites or their operators. As we do not control Third Party Websites, we are not liable or responsible in any way for any loss or inconvenience in connection with use of a Third Party Website.
Accounts
Certain features or services offered on or through the Online Platform may require you to open an account. You agree to take all reasonable steps to keep the login credentials associated with your account confidential and shall accept responsibility for all activities that take place under or through your account. You are not permitted to sell, lease, transfer, assign or otherwise provide another individual with access to your account without our prior written consent. You agree that we will not be liable for any loss or damage arising or resulting from your failure to comply with these obligations.
Submissions
If you send, email, post or otherwise transmit any content (collectively, the "Submissions") to us on or through the Online Platform, you agree that we may use the Submissions in any way we see fit in accordance with applicable law. You agree that we have no obligations: (1) to keep the Submissions confidential; (2) to provide any compensation to you; or (3) to attribute the Submissions to you or anyone else. You also affirm, represent and warrant that your Submissions do not contain any material that is subject to third party proprietary rights, unless you have permission from the rightful owner of the material to transmit the Submissions to us and allow us to use the Submissions in any way we see fit in accordance with applicable law; (4) to not disclose any passwords, or confidential information.
Disclaimer
YOUR USE OF THE ONLINE PLATFORM IS AT YOUR SOLE RISK. THE ONLINE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Therefore, to the fullest extent applicable by law, we hereby disclaim and make no representations, warranties, endorsements, conditions, guarantees or promises, express or implied, as to the quality, operation or any other aspect of the Online Platform or the information, content, materials or other services provided through the Online Platform, unless otherwise specified in writing.
Without limiting the generality of this disclaimer, you agree that we will not be liable for any losses or inconveniences suffered as a result of any error, omission, interruption, performance failure, defect, delay, virus, malicious code, theft, or unauthorized access, use or destruction of data in connection with use of the Online Platform, whether for breach of contract, tort, negligence or under any other theory of law. Notwithstanding the above, our mandatory liability under applicable laws remains unaffected.
We reserve the right to do any of the following at any time at our sole discretion without prior notice to you:
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OR LIABILITY, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING FROM OR RELATING TO THE USE OR ACCESS OR INABILITY TO USE OR ACCESS THE ONLINE PLATFORM OR THE INFORMATION, CONTENT, MATERIALS OR OTHER SERVICES PROVIDED THROUGH THE ONLINE PLATFORM BY YOU OR ANYONE ON YOUR BEHALF. YOU AGREE THAT, WHERE APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION, SUCH LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE ONLINE PLATFORM IS TO STOP USING THE ONLINE PLATFORM.
Indemnity
You will indemnify and hold us harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or in relation to any claim, suit, action, demand, or proceeding made or brought against us, our subsidiaries and affiliates, or our respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, successors and assigns, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with (a) your use of the Online Platform; or (b) your breach or alleged breach of these Terms of Use or any applicable laws (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, our prior written consent.
Disputes and Governing Law
The rights and duties of the parties will be governed by the local law of Massachusetts, U.S.A., excluding any choice-of-law rules that would require the application of the laws of any other jurisdiction.
All disputes arising out of or in connection with these Terms of Use shall be finally settled under the International Chamber of Commerce Rules of Arbitration (the "Rules") by one or more arbitrators appointed in accordance with the Rules. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial and consent to the exclusive jurisdiction of the courts of Worcester County, Massachusetts, U.S.A.
Notwithstanding the above, you agree that any breach or alleged breach by you of these Terms of Use would cause us irreparable harm for which monetary damages would be inadequate, and therefore agree that we may obtain any injunctive or equitable relief that we deem appropriate in such circumstances.
Changes
We may in our sole discretion and without prior notice to you make any change to these Terms of Use, the Privacy Policy, the additional terms and conditions applicable to certain parts of the Online Platform, or any aspect of the Online Platform (a "Change"). If a Change is held to be invalid or unenforceable by any judicial or other competent authority, then the Change is severable from the rest of these Terms of Use and does not affect the validity and enforceability of any remaining terms and conditions of these Terms of Use. Your continued use of the Online Platform after a Change constitutes your acceptance of the Change in its entirety. If you do not agree with a Change, you must stop using the Online Platform.
General Provisions
Use of the Online Platform is solely at our discretion. We reserve and retain all rights not expressly granted to you in these Terms of Use.
These Terms of Use constitute the sole and entire agreement between you and us relating to the use of the Online Platform, and any and all other written or oral agreements or understandings previously existing between you and us with regard to your use of the Online Platform are hereby suspended and cancelled. However, nothing in these Terms of Use shall limit or exclude your liability for fraud.
If any provision of these Terms of Use is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of these Terms of Use will remain in full force and effect and will not in any way be impaired. Any provision of these Terms of Use that contemplates performance or observance subsequent to any termination or expiration of these Terms of Use shall survive any termination or expiration of these Terms of Use and continue in full force and effect. Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms of Use.
You are responsible for all taxes or other governmental fees and charges assessed on all payments that you make to us pursuant to these Terms of Use.
Questions or Comments
If you have any questions or comments regarding the Online Platform or these Terms of Use, please contact us. You can reach us at Contact@urmenu.app or www.urmenu.app. These Terms of Use were last modified by urMenu owned by Mass Systems Services, Inc on July 28, 2020.
