This Terms of Use Agreement ("Agreement") sets forth the standards of use of the online ordering site (“Site”), describes your rights and responsibilities, and states the terms and conditions under which you may use the Site. Please read this document carefully.
For purposes of this agreement, "We,” and “Our” shall mean BreadBooks, LLC, Firehouse Deli and their affiliates, officers, directors, managing directors, partners, and employees. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason.
By using the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you do not accept the terms and conditions stated here, We are not willing to allow you to use the Site and you should immediately stop using the Site. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our site. It is your responsibility to review this Agreement periodically. Your continued use of the Site after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications.
Scope of Use: The information, data and other content (the “Information”) provided on the Site is provided to as a convenient way for individuals to order from a particular restaurant through their website, and for restaurant owners to take orders through their website, and may not be redistributed by you. You agree to use the Site and the Information provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without Our express written consent, nor to use the Information available on the Site for any unlawful purpose. You agree to access the Site manually by request and not programmatically by macro or other automated means, and to view information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Information through any technological means.
Modifications and Interruption to Service: Information provided on the Site may be delayed as determined in our sole discretion. We reserve the right to modify the Site from time to time without notice and in Our sole discretion at any time. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You acknowledge and accept that We do not guarantee continuous, uninterrupted or secure access to the Site and its operation may be interfered with or adversely affected by numerous factors or circumstances outside of Our control.
Copyright and Intellectual Property Right Ownership: The Site, and all Information therein, contains material owned by BreadBooks, LLC or Firehouse Deli which is protected under copyright, trademark and other intellectual property laws. BreadBooks, LLC or Firehouse Deli and its Information Providers, as applicable, own the copyright to all Information and works of authorship on the Site. All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of BreadBooks, LLC or Firehouse Deli or its Information Providers, as applicable. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains with BreadBooks, LLC or Firehouse Deli (and its Information Providers, as may be applicable). You may not copy any of the Information provided on the Site and must not copy these documents to any website.
Disclaimer of Warranties: No Information on the Site is intended (i) as investment, tax, accounting or legal advice, (ii) as an offer, recommendation or solicitation of an offer to sell or buy any security or any other financial instrument or to participate in any trading strategy, or (iii) as an endorsement, recommendation or sponsorship of any security or other financial instrument. Everything on the Site is provided "as is" without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, We hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice. The fact that We have made the data and services provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Site is suitable or appropriate for you. Many of the products described on this Site may involve risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions
Disclaimer of Damages and Limitation of Liability: To the fullest extent permitted by applicable law, We shall not be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that Our maximum cumulative aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to, at such time, if any, to access the Site.
Indemnity: You agree to indemnify, defend and hold harmless BreadBooks, LLC and Firehouse Deli from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.
Jurisdictional Issues: If you choose to access the Site from any location then you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction We desire, at any time and in Our sole discretion.
Links to Other Websites: The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. These links are provided solely as a convenience to you and not as Our endorsement of the contents of such third-party websites. We neither control nor endorse any such other websites, nor have We reviewed or approved any content that appears on such other websites. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You acknowledge and agree that We shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-parties’ sites.
Refund Policy: We do not accept refunds for orders placed on our website.
Termination: We shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.
Miscellaneous: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Jurisdiction for any claims arising under this Agreement shall lie exclusively within Travis County, Texas. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. This Agreement shall not be assignable or transferable by you except with Our prior written consent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. No waiver by us of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement, together with all policies referred to herein, constitutes the parties’ entire agreement relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements.