Bite2Go Terms of Agreement

Restaurant Sign-Up Terms of Agreement

This Terms of Agreement is made by and between Bite2Go Corporation and the restaurant business entity that you own, manage, or are authorized to represent.

Definitions

For the purpose of this document, the following terms have the meanings specified below:

We, Our – Refers to Bite2Go Corporation.

Bite2Go, Bite2Go Service, Restaurant Website, Restaurant’s Website – Refers to the products and services provided by Bite2Go Corporation.

Restaurant, You, Your – A legal business entity subscribing to the Bite2Go service.

Bite2Go Restaurant Manager – A Bite2Go website where restaurant owners or representatives may add and edit the contents of their website including menu lists, phone numbers, store address, business hours, etc.

Agreement – Refers to this document, the Restaurant Signup & Terms of Agreement.

Bite2Go Website

You will facilitate the development of the Restaurant’s website to be hosted on www.bite2go.com. Bite2Go restaurant websites are created and edited using the Bite2Go Restaurant Manager. Your restaurant’s website will contain information specific to your restaurant’s business, such as address, phone number, menu listings and business hours.

The web servers hosting the Bite2Go service is not owned by Bite2Go Corporation. Bite2Go Corporation leases computer storage and resources from a third party web hosting service.

Ownership Interest

With the exception of content provided by the Restaurant, all materials related to the restaurant website including computer code, computer algorithms, website URL (uniform resource link), website structure, website design, graphical elements, and the bite2go.com domain and all subdomains are the intellectual property of Bite2Go Corporation. The ownership of such items cannot be transferred, re-sold, licensed, re-printed, or exchanged for value without the prior written consent of Bite2Go Corporation.

Restrictions

Bite2Go Corporation reserves the rights to remove or edit content, at our sole discretion and without recourse, that we consider to be in violation of applicable laws, rules, and regulations of accepted community standards.

Your restaurant business must be a legal entity, holding appropriate license to operate a food service business within the town, locale, city, and state where it conducts business. Your restaurant may be a physical store or it may be a catering business that operates online.

Online Ordering

You may enable the optional online ordering service that Bite2Go offers. This service allows your customers to place orders directly from the website, without having to place a phone call. You may enable or disable this service at any time using the Bite2Go Restaurant Manager. The responsibilities of the Bite2Go online ordering service ends once the order is transmitted to your Order Email, which you are required to specify in the Bite2Go Restaurant Manager whenever you activate online ordering.

You maintain complete responsibility for ensuring that your Order Email is a valid email address and verifying that your email program does not treat emails from Bite2Go as SPAM or junk mail. You further maintain responsibility for monitoring your Order Email during your business hours and responding to the orders that your customers place.

Bite2Go reserves the right, at our sole discretion, to disable online ordering for your restaurant if we detect that your restaurant is consistently not responsive to customer orders.

Support

Bite2Go Corporation will provide technical support via email, limited to 30 minutes per year. Beyond that, support will be provided at a rate of $80/hr.

Service Upgrades

Bite2Go reserves the rights to periodically update the software or hardware powering the Restaurant’s website in order to provide additional features, greater capacity, or make necessary modifications. Such updates may result in a temporary service interruption.

Materials Provided by Restaurant

Restaurant warrants that it either owns or maintains a legal license over all material and content it provides to Bite2Go. Restaurant agrees to accept sole responsibility for any copyright, trademark, or licensing violation that may result from the improper use of materials submitted by the Restaurant.

Restaurant further warrants that all material and information provided to Bite2Go accurately reflect its business information, including menu listings that are offered by the Restaurant to its customers.

Materials Provided by Customers

Restaurant agrees that content contributed by customers (such as customer reviews, photos, etc.) becomes the legal property of Bite2Go Corporation. Bite2Go Corporation will remove customer contributions that we deem to be inappropriate, in violation of copyright laws, or outside generally accepted community standards, within 20 business days of receiving the contribution. Bite2Go reserves final judgment on content appropriateness.

Aside from this content appropriateness test, Restaurant acknowledges that customer contribution cannot be removed based on any other criteria.

Compatibility and Use

The Bite2Go Service may not be compatible with every browser and computer that customers may use. Bite2Go makes no claims of compatibility with any existing or future technologies.

Service Termination

Restaurant may request termination of the Bite2Go service at any time. Bite2Go Corporation will remove the Restaurant’s website within 30 business days. Bite2Go Corporation may also terminate the service at any time.

Disclaimer of Warranty

The Restaurant website will be provided “as is”. All expressed or implied representations and warranties including implications of merchantability or fitness for a particular purpose are excluded to the extent permitted by law. Bite2Go makes no promise that Restaurant will experience any changes to its business including changes affecting sales and profitability.

Limitation of Liability

Restaurant agrees not to hold Bite2Go Corporation liable for any lost profits or revenues, or damages that may be in any way related the Bite2Go Service. In no event shall Bite2Go Corporation be held liable for interruptions or damages to the Restaurant’s take-out service or its levels of customer satisfaction. In no event will Bite2Go Corporation’s liability, in connection with the scope of this agreement, exceed the amount that the Restaurant has paid to Bite2Go.

Invalidation

If any part of this agreement is invalidated by judgement or court order, the remaining part of the agreement shall remain in full effect.

Length of Agreement

Restaurant and Bite2Go Corporation agree that this agreement will be in effect until one of the parties terminates the service and the Restaurant website is no longer accessible online.

Governing Law

This agreement shall be governed and interpreted under the laws of the State of Washington, USA. Any litigation to enforce the terms of this agreement shall be brought in Seattle, WA, USA.