INSTANTFOODORDER.COM TERMS OF USE
ACCEPTANCE OF TERMS
Your use of www.InstantFoodOrder.com (referred to below as “Website”) is subject to the terms of a legal agreement between you and IntelliEagle Technologies LLC (referred to below “IntelliEagle”). Unless otherwise agreed in writing with IntelliEagle, your agreement with IntelliEagle will always include, at a minimum, the terms, conditions, and statements (referred to below as “Terms”) set out in this document.
By accessing the Website you are accepting and agreeing to all of the Terms in this document. You may not use the Website and may not accept the Terms if (a) you are not of legal age to form a binding contract with IntelliEagle, or (b) you are a person barred from using the Website under the laws of the United States. IntelliEagle may deny access to anyone at its discretion for any reason including but not limit to the violation of any of the Terms. At any time IntelliEagle may modify the Terms of Use effective upon posting to the Website.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (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 IntelliEagle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IntelliEagle has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
Only you may use your account created during the registration. You must keep your accounts and passwords confidential and not authorize any third party to access or use the Website on your behalf. You are are fully responsible for all activities that occur under your password or account. You agree to ensure that you exit from your account and CLOSE YOUR BROWSER at the end of each session. In no event shall IntelliEagle be liable for any loss or special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with your registration and account information.
CODE OF CONDUCT
You agree to not upload, post, transmit, transfer, distribute or facilitate distribution of any Content (including text, images, sound, video, data, information or software) or otherwise use the Website in a way that:
- is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- misrepresents the source of anything you post or upload, including impersonation of another individual or entity;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- is intended to harm or exploit minors in any way;
- provides or creates links to external sites that violate this Code of Conduct;
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as passwords, account information, credit card numbers, addresses, or other contact information without their knowledge and willing consent;
- harms or disrupts, or intends to harm or disrupt, another user's computer or would allow you or others to illegally access software or bypass security on Web sites, or servers, including but not limited to spamming;
- is illegal or violates any applicable local and national laws; including but not limited to child pornography, bestiality, incest, illegal drugs, software piracy, and harassment.
EMAIL
By registering with or placing an order on the Website, you are consenting to receive emails from IntelliEagle regarding your registration or your order. Additionally, by registering with or placing an order on the Website, you are consenting to receive commercial email from IntelliEagle.
TERMINATION AND CANCELLATION
IntelliEagle reserves the right, at its sole discretion, and without any obligation to do so, to review and remove user-created content at will and without notice, and delete content and accounts. IntelliEagle reserves the right, at its sole discretion, to ban participants or terminate access to Website.
INTELLIEAGLE’S PROPRIETARY RIGHTS
You acknowledge and agree that IntelliEagle (or IntelliEagle’s licensors) own all legal right, title and interest in and to the Website, including any intellectual property rights which subsist in the Website (whether those rights happen to be registered or not). You acknowledge and agree that the Website and any necessary software used in connection with the Website ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or information presented to you through the Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by IntelliEagle or the applicable licensor (such as a restaurant), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Website, such Content or the Software, in whole or in part.
IntelliEagle grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by IntelliEagle for use in accessing the Website.
TERMS OF PURCHASE
You agree to pay all fees and charges incurred in connection with your orders including any applicable taxes. The final charges for your order may be different than those stated on the Website. All purchases are non-cancellable and may subject to a non-refundable InstantFoodOrder.com service charge. IntelliEagle does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. IntelliEagle reserves the right to reject any order and may require additional verification or information before accepting any order.
The food orders can be paid in advance by valid credit card, and at the time of the order. You agree that you must be authorized to use the credit card presented as a method of payment. In additional, you must provide your full name as it appears on the card, your credit card number, the credit card type, expiration date, credit card billing address, telephone number and any other verification information required. If you choose to pick up the order and fail to pick up at the specific restaurant within the order date, then IntelliEagle has the absolute right to forefeit any payment. If IntelliEagle does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by IntelliEagle or InstantFoodOrder.com or its agents. The final charges on your credit card may be different than those stated on the website.
ISSUES, CLAIMS AND COMPLAINTS ABOUT THE FOOD ORDER
If you are not satisfied with your order, you agree to contact the restaurant directly with the restaurant information displayed on Website or in your order confirmation email. All sales are final unless order problems or issues are reported by and confirmed with our restaurant partners or otherwise determined by IntelliEagle, at its sole discretion, to be actionable. In such cases, InstantFoodOrder.com may issue credit on the credit card used in the purchase. All order issue or claim or complaint must be received within 24 hours of the order date listed on your order confirmation email. No cash refunds will be issued by InstantFoodOrder.com.
TECHNICAL ISSUES
you agree to report to IntelliEagle the Website technical issues, such as Website is down, immediately to email support@InstantFoodOrder.com. There is no guarantee that all of the reported issues will be investigated or solved. In no event shall IntelliEagle be liable for any lost profits or special, incidental or consequential damages (however arising, including negligence) arising out of or in connection with the technical issues.
INDEMNITY
You agree to indemnify and hold IntelliEagle and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of the Terms, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
IN PARTICULAR, INTELLIEAGLE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(1) THE USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(2) THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(3) ANY INFORMATION POSTED ON THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND
(4) THAT DEFECTS IN THE WEBSITE AND NECESSARY SOFTWARE USED IN CONNECTION WITH THE WEBSITE WILL BE CORRECTED OR INVESTIGATED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INTELLIEAGLE OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
INTELLIEAGLE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT INTELLIEAGLE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL INTELLIEAGLE BE LIABLE FOR ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), OR OTHER INTANGIBLE LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS DOCUMENT.
GOVERNING LAW
All Terms in this document will be governed and construed in accordance with the laws of the State of Florida without giving effect to principles of conflict of laws. IntelliEagle reserve the right to make changes to the Website and these Terms at any time.
For questions or comments regarding our policies, you may contact us at: info@InstantFoodOrder.com