TERMS OF USE

Last revised: June 8, 2011

Welcome to sideorder.com. SideOrder, Inc. publishes this website to give you access to thousands of local restaurant menus and allow you to order food online. This Agreement governs your use of this website, and your purchase of services through this website.

TERMS APPLICABLE TO YOUR USE OF THIS SITE

The following provisions are specific to your access to this web site.

Privacy Policy

SideOrder, Inc. takes the privacy and security of your personally identifiable information very seriously. You may find a copy of our Privacy Policy for retaining, securing, and providing you access to your personal information at http://www.sideorder.com/privacy/.

Amendments To This Agreement

SideOrder, Inc. may amend this agreement at any time. SideOrder, Inc. will send any amendment to this agreement to your email address of record and post such amendment to the website. An amendment to this agreement becomes effective upon SideOrder, Inc. posting it to the website.

License To Use The Site

SideOrder, Inc. grants you an individual, non-transferable license to use this website to learn about and purchase the services sold herein and to communicate with SideOrder, Inc. You may not use this website for any other purpose.

SideOrder, Inc. may revoke this license and terminate your account on this website at any time for any reason, without notifying you.

No Guarantee That Menus And Prices Will Be Correct

SideOrder, Inc. makes every effort to keep menu item and pricing information up-to-date. However, SideOrder does not control the menu and pricing decisions of the restaurants included on the site. If the restaurant changes their menu or their prices and does not notify SideOrder, the menu and pricing information on the website may be incorrect or incomplete. If you have any questions about whether a menu item is offered at a restaurant or a price is valid, you should contact SideOrder by sending an email to updates@sideorder.com.

LIMITATIONS ON YOUR RIGHT TO RECOVER

This section contains important limitations to your rights to recover damages from SideOrder, Inc. in the event of a dispute. Certain sections are required by law to be made conspicuous. Those sections are presented in bold, italic type. Please read this section carefully.

Disclaimer of Warranties Of Functionality Of The Website

SideOrder, Inc. disclaims any warranty that your use of the website will be uninterrupted, timely, secure, or free from error. SideOrder, Inc. disclaims any warranty that information on the sideorder.com website will be accurate or reliable. SideOrder, Inc. disclaims any warranty that defects in the website will be corrected.

Limitation of Liability

You use this website at your own risk. SideOrder, Inc. will not be liable for damages arising from or related to your use of the sideorder.com website or from your use of products purchased via the sideorder.com website, regardless of the form of action, whether in contract, tort, strict product liability or any other theory of damages, even if you have been advised of the possibility of such damages.

Arbitration

As the exclusive means of resolving any disputes arising out of or relating to this agreement, except for intellectual property disputes described below, you may submit any such dispute to arbitration administered by the American Arbitration Association under its commercial arbitration rules, and you consent to any such dispute being so submitted. Judgment on the award rendered in any such arbitration may be entered in any court having jurisdiction.

USER CONTENT AND INTELLECTUAL PROPERTY

User Generated Content

SideOrder may allow users to create content or upload content, such as restaurant reviews, comments, or photographs. If you create or upload content, you represent that you own the content, or have the necessary rights to upload the content. By submitting content to SideOrder, you grant SideOrder a license to all of the intellectual property rights you have authority to grant in the content. This license is worldwide, sublicenseable, transferable, and irrevocable.

You agree, separately from your representation that you have the right to create or upload content, that you will not create or upload content that infringes the intellectual property rights of another.

SideOrder does not endorse any user generated or uploaded content. SideOrder does not permit infringement of intellectual property on its website.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize SideOrder to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

Intellectual Property Disputes

Should SideOrder have a claim against you for infringement of SideOrder's intellectual property rights, SideOrder is not required to seek arbitration of the dispute. SideOrder is also not bound in such case by the venue restrictions below. SideOrder may file such a claim in any court of competent jurisdiction.

DMCA Copyright Notice

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Sideorder's Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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
  • 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.

SideOrder's designated Copyright Agent to receive notifications of claimed infringement is:

SideOrder, Inc.
16 Technology Dr Suite 200
Irvine, CA 92618
info@sideorder.com

DMCA Copyright Counter-Notice

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Ana, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, SideOrder may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SideOrder's sole discretion.

EXCLUSION OF DAMAGES

SIDEORDER, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF SIDEORDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, SIDEORDER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.

Indemnification

You will indemnify and hold harmless SideOrder and its representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at SideOrder’s option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Service or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify SideOrder, SideOrder may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of SideOrder.

Termination

In its sole and absolute discretion, with or without notice to you, SideOrder may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing SideOrder at support@sideorder.com. SideOrder shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.

GENERAL AGREEMENT CLAUSES

The following clauses address miscellaneous issues that may arise during the existence of this contract.

Assignment of Rights and Delegation of Duties

You may not assign the rights granted to you by this Agreement or delegate the duties assigned to you by this Agreement without SideOrder, Inc.'s prior written consent. In the event you attempt to assign your rights or delegate your duties, any purported assignment or delegation is void. SideOrder, Inc. may assign the rights granted in this Agreement or delegate the duties it assumes under this Agreement at any time without notifying you or obtaining your consent.

Waiver

No provision in this Agreement may be waived. Neither trade usage nor a course of dealings between SideOrder, Inc. and you will operate as a waiver of a provision of this Agreement.

Applicable Law

The laws of the State of California, without regard to California conflict of laws provisions, governs this Agreement and any dispute arising out of or related to it.

Entire Agreement

This document constitutes the sole expression of your agreement with SideOrder, Inc. The provisions of this Agreement cannot be explained or modified orally or through evidence of trade usage or a course of dealings. No provisions of this Agreement may be added or deleted orally or through evidence of trade usage or a course of dealings.

Severability

If any provision of this Agreement is judged unenforceable the remaining provisions of this Agreement remain in full force, if the essential terms of this Agreement remain enforceable.

Headers For Convenience

Headers in this Agreement are provided for convenience only.

Contact SideOrder, Inc.

info@sideorder.com