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1. ACCEPTANCE OF TERMS
Welcome to Brygid Restaurants Online ("BRO"). Brygid Technologies Corp. ("Brygid") provides to you ("the Customer") access to a rich collection of online resources, including site hosting, management, and online order taking services (the "Service"), subject to the following Terms of Service ("TOS"), which may be updated by us from time to time provided that, we will not alter any sections without prior notice you. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new BRO resources, shall be subject to the TOS. As part of the Service Brygid will provide you with a browser interface ("BRO Website") for placements of online orders by your online shoppers and viewing of Usage Data by you. BRO Websites are not transferable, and shall be destroyed upon termination of Service without further notice to you.
2. LICENSE GRANT AND RESTRICTIONS
Brygid hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own business purposes, subject to the terms and conditions of this Service Agreement. All rights not expressly granted to you are reserved by Brygid and its licensors. You shall not (i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service; (ii) access the Service if you are a direct competitor of Brygid, except with Brygid's prior written consent; (iii) access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (iv) modify or make derivative works based upon the Service; (v) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features or functions of the Service, or (c) copy any ideas, features or functions of the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service Registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Brygid has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Brygid has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. CONTENT
Brygid does not own any data, information or material ("Content") that you submit to the Service in the course of using the Service. You, not Brygid, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Content, and Brygid shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such Content. By submitting Content to Brygid for inclusion on your BRO Website, you grant Brygid the world-wide, royalty-free, and non-exclusive license to modify and publish the Content solely for the purpose of displaying, distributing and promoting your BRO Website on Brygid's Internet properties as directed and approved by you. This license exists only for as long as you continue to be a BRO homesteader and shall be terminated at the time your BRO Website is terminated. Brygid and its designees shall have the right (but not the obligation) to refuse or remove any Content that violates the TOS or otherwise is objectionable. In the event this Service Agreement is terminated your BRO Websites and all Content submitted to Brygid shall be irretrievably deleted and destroyed without further notice to you.
5. USAGE DATA
As used in this Service Agreement, "Usage Data" shall mean information that is generated or gathered as a result of online orders placed via BRO Websites. Brygid does not own or share Usage Data with any third parties. Brygid shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Usage Data. Upon your request or in the event this Service Agreement is terminated (other than by reason of your breach), Brygid will make available to you a file of the Usage Data within 30 days if you so request at the time of termination. Brygid reserves the right to withhold, remove and/or discard Usage Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Usage Data immediately ceases, and Brygid shall have no obligation to maintain or forward any Usage Data. Brygid reserves the right at any time and from time to time to purge and permanently discard Usage Data that are more than one (1) year old, provided that we notify you sixty (60) days prior to any such purge and make available to you a file of the Usage Data if you so request.
6. CONDUCT
You shall abide by all applicable local, state, provincial, national and foreign laws, treaties and regulations in connection with your use of the Service. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada or the country in which you reside. You agree to not use the Service to: Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. You shall notify Brygid immediately of any unauthorized use of any password or account or any other known or suspected breach of security.
7. INTELLECTUAL PROPERTY OWNERSHIP
Brygid alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the BRO Technology, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the BRO Technology or the Intellectual Property Rights owned by Brygid.
8. MODIFICATIONS TO SERVICE Brygid reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, provided that we notify you sixty (60) days prior to any such modification or discontinuation of Service. You agree that Brygid shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. SERVICE AVAILABILITY AND ACCESS This service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Brygid is not responsible for any delays, delivery failures, or other damage resulting from such problems. This Service is generally available daily, seven days a week, except for maintenance. Service maintenance generally takes place from 3 a.m. until 5 a.m. (Eastern Time) on Sunday. However, Brygid may at anytime without notice or liability restrict the use of the Service or limit its time of availability in order to perform maintenance activities.
10. TERMINATION You may cancel your Services with Brygid at any time and for any reason. You agree that Brygid, in its sole discretion, may terminate your password, BRO Website, use of the Service or use of any other Brygid service if Brygid believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Brygid may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, provided that we notify you sixty (60) days prior to any such modification or discontinuation of Service. Further, you agree that Brygid shall not be liable to you or any third-party for any termination of your access to the Service.
11. NON-PAYMENT AND SUSPENSION
Brygid reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 2.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for any applicable hosting or other non-usage recurring fees during any period of suspension. If you or Brygid initiates termination of this Agreement, you will be obligated to pay the balance due on your account. You agree and acknowledge that Brygid has no obligation to retain your BRO Website or Usage Data and that such Usage Data may be irretrievably deleted if your account is 30 days or more delinquent.
12. MONEY BACK GUARANTEE If you are not satisfied with Brygid's service for any reason, we will issue you a full refund when you notify us of your desire to cancel the service within thirty (30) days of your sign-up date. After thirty (30) days, you may still cancel your Service with Brygid for any reason at any time and, upon request, we will issue you a pro-rated refund for all unused portions of payments made against your account.
13. INDEMNITY You agree and do hereby indemnify and hold Brygid, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
14. DISCLAIMER OF WARRANTIES You expressly understand and agree that (a) Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Brygid expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. (b) Brygid makes no warranty that (i) The Service will meet your requirements, (ii) The Service will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of the Service will be accurate or reliable, (iv) The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. (c) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. (d) No advice or information, whether oral or written, obtained by you from Brygid or through or from the Service shall create any warranty not expressly stated in the TOS.
15. LIMITATION OF LIABILITY
You expressly understand and agree that Brygid shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Brygid has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
16. NOTICE
Brygid may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Brygid’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Brygid’s account information. Such notice shall be deemed to have been given upon the expiration of 72 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
17. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Brygid and governs your use of the Service, superseding any prior agreements between you and Brygid (including, but not limited to, any prior versions of the TOS). The failure of Brygid to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by a court of law the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed in court within one (1) year after such claim or cause of action arose or be forever barred..
© 2001-2006 Brygid Technologies Corp. All rights reserved.
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