Thanks for visiting! Food Order Network, Inc. (“Food Order Network,” “we,” “us,” or “our”) welcomes you to our sites and services. We appreciate that you have decided to access and use the FoodOrderNetwork.com website (the “Website”), our social media sites (the “Sites”), and/or our mobile application (the “Mobile App,” and collectively with the Sites and the Website, the “Services”).

We provide our Services to you subject to the following Terms of Use. These Terms of Use may be updated by us from time to time, without notice to you. By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Services.

RESTAURANT CUSTOMER TERMS OF USE

1. APPLICABILITY and ACCEPTANCE OF THESE RESTAURANT CUSTOMER TERMS OF USE

You have selected to use, or register for use of the Food Order Network. Food Order Network provides online food ordering services for restaurants and its customers and various email and other services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”).

The Services are provided to you under the terms and conditions set forth in these Restaurant Customer Terms of Use.

By using the Services in any way, you are agreeing to comply with the TOU. In addition, when using particular Food Order Network services, you agree to abide by any applicable posted guidelines for all Food Order Network services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Food Order Network in any way, your only recourse is to immediately discontinue use of the Services.

Unauthorized use of the Services, or the resale of said service without our prior written consent, is expressly prohibited. You may not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.

2. MODIFICATIONS TO THIS AGREEMENT

Food Order Network reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU on the website at www.foodordernetwork.com/restauranttermsofuse.html.

3. DESCRIPTION OF SERVICES

Food Order Network provides ordering services for consumers to purchase products and services from our customers using online methods including web, mobile, tablet, personal computer, laptop computer, and/or social media applications. We also provide analytics to our customers based on the actions of consumers using data collected specified in our Privacy Policy, including the products, options, configurations, and other data collected through the interactions with and use of our Services.

4. USER LICENSE

Food Order Network grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. We provide Restaurant Customer Users with access to the Services described in these Terms of Service:

VISITORS

No login is required for Visitors. Visitors to can:
1.) view all publicly-accessible content; and
2.) contact us via phone, email, or postal mail.

RESTAURANT CUSTOMER REGISTERED USERS

Login is required for all Restaurant Customer Registered User services. Registered Users can do all the things Visitors can do, as well as:
1.) manage restaurant menu, including items, item descriptions, configurations, prices, menu categories, and other items related to the Restaurant Customer menu;
2.) manage restaurant branding, including logos, color schemes, address, delivery area, hours of operation, and other items related to the restaurant operation;
3.) manage restaurant profile, including authorized user administration on behalf of the restaurant, payment methods, delivery fees, methods for receiving orders, such as fax, email, text, and browser notifications, and other items related to managing the restaurant profile;
4.) manage coupons and promotional campaigns and other items related to discount and/or marketing programs;
5.) view order history and payment information from Food Order Network to the restaurant, and other items related to order and payment processing;
6.) view reports and other analytical information about services and activities occurring on the Food Order Network Sites by consumers interacting with the restaurant; and
7.) notify Food Order Network and manage any discrepancies in orders, payments, refunds, billing, and other activities relating to dispute management and resolution.
Food Order Network is under no obligation to accept any individual as a Restaurant Customer Registered User, and may accept, reject, suspend, or terminate any registration in its sole and complete discretion.

A.) SCOPE

Food Order Network grants you permission (which may be revoked at any time for any reason or no reason) to view the Sites and to download, email, share via social networking or print individual pages from the Sites in accordance with these Terms of Use, solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted without the expressed permission of Food Order Network. You may not, for example, incorporate the information, content, or other material in any database, compilation, or archive. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from the Sites, except as specifically noted herein. Except as specifically authorized by Food Order Network, you may not access the Sites with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of the Sites or any information, content, or material on the Sites. Food Order Network reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of the Sites or any content contained therein, whether in whole or in part, without prior written consent from Food Order Network. You may "like us" or "follow" Food Order Network or share links to the Sites via social networking technology referenced on the Sites. Any rights not expressly granted herein are reserved.

This license does not include:

1.) access to the Service by Posting Agents; or

2.) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Food Order Network. A limited exception to (2.) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

Use of the Services beyond the scope of authorized access granted to you by Food Order Network immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Food Order Network.

B.) ACCOUNT PROTECTION

You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert Food Order Network immediately. In addition, you acknowledge that Food Order Network may communicate with you through email. You are responsible for ensuring that Food Order Network has your current email address so that Food Order Network can provide you such communications.

Food Order Network does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any personally identifiable information regarding you or your account without your prior permission except in accordance with this Agreement or unless compelled to by law. You, not Food Order Network, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, Food Order Network shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.

C.) USER CONDUCT

You agree not to post, email, or otherwise make available Content:

1.) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

2.) that is pornographic or depicts sexual conduct in any way;

3.) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

4.) that violates federal, state, or local laws;

5.) that impersonates any person or entity, including, but not limited to, a Food Order Network employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);

6.) that includes personal or identifying information about another person without that person's explicit consent;

7.) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

8.) that constitutes or contains that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; 

9.) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Food Order Network sites which are not designated for such purposes; or emailed to Food Order Network users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;

10.) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law;

11.) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

12.) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;

13.) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;

14.) contact anyone who has asked not to be contacted;

15.) “stalk” or otherwise harass anyone;

16.) collect personal data about other users for commercial or unlawful purposes;

17.) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Food Order Network;

18.) attempt to gain unauthorized access to Food Order Network's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Food Order Network website;

19.) use any form of automated device or computer program that enables the submission of postings on Food Order Network without each posting being manually entered by the author thereof (an “automated form of posting device”), including without limitation, the use of any such automated posting device to submit postings In bulk, or for automatic submission of postings at regular intervals.

20.) that is intended primarily to promote a cause or movement, whether political, religious, or any other type of cause or movement;

21.) any use not common to the intended purpose of the Service.

D.) POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. You may not use a Posting Agent to post Content to the Service without express permission or license from Food Order Network. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Food Order Network.

E.) NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Food Order Network email addresses or through Food Order Network computer systems is expressly prohibited by these TOU. Any unauthorized use of Food Order Network computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.),. Such violations may subject the sender and his or her agents to civil and criminal penalties.

F.) HARM FROM COMMERCIAL USE

You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Food Order Network will be entitled to temporary and permanent injunctive relief to prohibit such use.

5. SITE CONTENT

A.) You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”), transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ('item") of Content that you post, email or otherwise make available via the Service. You understand that Food Order Network does not control, and is not responsible for Content made available through the Service. Furthermore, the Food Order Network site and Content available through the Service may contain links to other websites, which are completely independent of Food Order Network. Food Order Network makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of or distribution of any Content, that you may not rely on said Content, and that under no circumstances will Food Order Network be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Food Order Network does not pre-screen or approve Content, but that Food Order Network shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

The Food Order Network Site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Food Order Network, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Food Order Network shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Food Order Network is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Food Order Network, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

B.) USER REPRESENTATIONS AND WARRANTIES

Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:

1.) you are the author of the Submission;

2.) the Submission is not protected by copyright law;

3.) you have express permission from the copyright owner to use the Submission in connection with the Sites;

4.) you have the right to grant the license set out in these Terms of Use;

5.) for restaurant review Submission(s), you have had first-hand experience with the subject restaurant;

6.) your use of the Sites and Submission(s) do not violate these Terms of Use.

C.) USER LICENSE GRANT TO FOOD ORDER NETWORK

You grant Food Order Network, its affiliates, and all related entities a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, publish, transmit, perform, distribute, reproduce and create derivative works from all Submissions you provide to Food Order Network in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Food Order Network to include the Submissions you provide in a searchable format that may be accessed by users of the Sites. You also grant Food Order Network and its and related entities the right to use any Personally Identifiable Information (as defined in Food Order Network's Privacy Policy) included with any Submission in connection with the use, reproduction or distribution of such Submission. You also grant Food Order Network the right to use the Submission and any facts, ideas, concepts, or techniques ("Information") contained in any Submission or communication you send to Food Order Network for any purpose whatsoever, including but not limited to, developing, manufacturing, promoting, analyzing, and/or marketing products and services. You grant all rights described in this paragraph in consideration of your use of the Sites, without compensation of any sort to you. Food Order Network does not claim ownership of Submissions.

D.) DISCLAIMER OF RESPONSIBILITY FOR MATERIAL

All Submissions are not endorsed by Food Order Network, and do not represent the views of Food Order Network or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that Food Order Network does not control all Submissions, and disclaims any responsibility for such Submissions. Food Order Network specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, Food Order Network does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the menus, pricing, hours of operation, delivery area, or parking accessibility available from its partner restaurants. Price, description, menu content, product/service availability, parking accessibility and restaurant information are subject to change without notice. Food Order Network assumes no responsibility or liability for any errors or omissions in the content of the Sites.

E.) REVIEW and REMOVAL OF MATERIAL

You agree that Food Order Network, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, terminate your password or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Food Order Network believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Food Order Network shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Limitations of the TOU shall survive termination.

F.) PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Food Order Network. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Food Order Network, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.

Except for the licenses granted herein, you have no right, title or interest in or to Food Order Network service or any content. You agree that Food Order Network or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Food Order Network service and content, including, without limitation, text, images, graphics, sound, multimedia, and other material (collectively referred to as the "Content"). The Content may be owned by us or by third parties.

6. YOUR ACCOUNT, PASSWORD, AND SECURITY

A.) During the registration process for Registered Users, we will ask you to create an account, which includes a unique sign-in name (“Sign-In Name”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Services using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason. Food Order Network will not be liable for any loss or damage caused by any unauthorized use of your account.

B.) You may create and manage additional user profiles authorized to act on your behalf for the sole purpose of administering your restaurant's Food Order Network account. You are responsible for the actions of all additional user profiles created on your behalf. All additional user profiles are subject to this Restaurant Customer Terms of Use.

7. PAYMENTS AND REFUNDS

You agree that Food Order Network may immediately authorize your credit card (or other approved facility) for payment for any order or service request made under your Account and/or Password (as defined herein).

As set forth more fully in the section YOUR ACCOUNT, PASSWORD, AND SECURITY, you must keep your Password strictly confidential. You are fully responsible for all activities that occur under your Password, and you agree to be personally liable for all charges incurred under your Password. Your liability for such charges shall continue after termination of this Agreement.

If you have a question about a transaction on your credit card statement, please use the Contact Us section of the Website to contact customer service.

8. EXTERNAL SITES

The Food Order Network Sites may include links to other websites. Some of these websites may be affiliated with Food Order Network while others are not. Food Order Network is not responsible for the contents of any website pages created and maintained by organizations independent of Food Order Network. Visiting any such third-party website pages is at your own risk. Food Order Network has no control of these third-party website pages or applications, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by Food Order Network. By using the Sites you acknowledge that Food Order Network is responsible neither for the availability of, nor the content located on or through any third-party website pages.

9. INDEMNITY

You agree to indemnify and hold Food Order Network, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

10. DISCLAIMER OF WARRANTIES

THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE SITES (WHETHER PROVIDED BY FOOD ORDER NETWORK, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, SUBMISSIONS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOOD ORDER NETWORK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

11. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL FOOD ORDER NETWORK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF FOOD ORDERNET WORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FOOD ORDER NETWORK SITE OR THE SERVICE, WHETHER THE

DAMAGES ARISE FROM USE OR MISUSE OF THE FOOD ORDER NETWORK SITE OR THE SERVICE, FROM INABILITY TO USE THE FOOD ORDER NETWORK SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FOOD ORDER NETWORK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FOOD ORDER NETWORK SITE OR THE SERVICE OR ANY LINKS ON THE FOOD ORDER NETWORK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FOOD ORDER NETWORK SITE OR THE SERVICE OR ANY LINKS ON THE FOOD ORDER NETWORK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

12. TERMINATION OF THIS AGREEMENT AND/OR MODIFICATION TO THE SERVICES

We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services offered on or through the Sites (or any part thereof), including but not limited to the Sites' features, look and feel, and functional elements and related services.

13. DIGITAL MILLENNIUM COPYRIGHT ACT

Food Order Network respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Food Order Network
DMCA Claims Chicago, IL

If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

14. CONSIDERATION

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Sites and receipt or use of data, content, products and/or services through the Sites, the possibility of our review, use or display of your Submission(s), and the possibility of publicity and promotion from our review, use or display of your user-generated content.

15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES

Please report any violations of the TOU by emailing to: info@foodordernetwork.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, if it becomes necessary for Food Order Network to pursue legal action to enforce the TOU, the following action may be taken:

a.) If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, Food Order Network may forward all information regarding such activity to the appropriate authority for possible criminal prosecution; this provision does not apply to messages that are lawful non-deceptive parodies of public figures.

b.) If you send unsolicited email advertisements to Food Order Network email addresses or through Food Order Network computer systems, you will be subject to termination and Food Order Network may forward all information regarding such activity to the appropriate governmental authority.

c.) If you post Content in violation of the TOU, other than as described above, Food Order Network reserves the right to pursue legal remedies on its behalf and/or may forward all information regarding such activity to the appropriate governmental authority. In its sole discretion, Food Order Network may elect to issue a warning before taking action.

d.) If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any action for damages, Food Order Network may forward all information regarding such activity to the appropriate governmental authority. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”) and the Principal (by engaging the Posting Agent in violation of the TOU) and will be held accountable for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.

e.) If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without Food Order Network’s express written permission Food Order Network may forward all information regarding such activity to the appropriate governmental authority for review and possible action.

Otherwise, you agree to pay Food Order Network’s actual damages to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Food Order Network retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.

16. GENERAL

The TOU constitute the entire agreement between you and Food Order Network and govern your use of the Service, superseding any prior agreements between you and Food Order Network. The TOU and the relationship between you and Food Order Network shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Food Order Network agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, state of Illinois. The failure of Food Order Network to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU 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 TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.