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RESTAURANT OWNERSHIP CLAIM AGREEMENT
Acceptance of Terms.
IT IS IMPORTANT THAT YOU READ THIS AGREEMENT AND ALL TERMS AND CONDITIONS CAREFULLY. This Agreement and the Service Contract govern the relationship between Two-Bit Operation, LLC (Two-Bit) and the owner or registered agent of such establishment (hereinafter "Owner") as may be reviewed and featured on Two-BitsŐs Web site located at www.menuism.com (the Web Site). By entering your data and clicking "I Agree" at the bottom of this page you are indicating your acceptance to be bound by the terms and conditions of this Agreement as well as the Two-Bit Operation Terms of Use available at http://www.menuism.com/about/legal. Two-Bit may revise this Agreement at any time by updating this posting. Use of the Web site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.
Registration as Owner.
By filling out this form and clicking "I Agree" at the bottom of this page, you hereby represent that you are in fact the owner of any such establishment you have listed, or have been authorized to act as an agent for such establishment for the specific purpose of using the Web Site. You agree to (i) provide true, accurate, current and complete information about yourself and the establishment for which you are submitting this Restaurant Ownership Claim as prompted by the registration form; and (ii) maintain and promptly update the information you provide to keep it true, accurate, current and complete. If Two-Bit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Two-Bit has the right to suspend or terminate your Restaurant Ownership Claim and access to and use of the Web site (or any portion thereof). You also agree that Two-Bit will not be liable for any misrepresentations made by you or your agents.
DISCLAIMER OF WARRANTIES.
THE WEB SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE WEB SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE WEB SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. Two-Bit MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE WEB SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE WEB SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE WEB SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; III) THAT THE OPERATION OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE WEB SITE WILL BE CORRECTED; (V) THAT THE WEB SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE OR NOT INTERCEPTED.
LIMITATION OF LIABILITY.
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Two-Bit, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF Two-Bit KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
Termination.
Two-Bit may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Web site, (or any portion thereof). Two-Bit may also terminate your right to access and use the Web site, or any part of the Web site, if you breach any term or condition of this Agreement.
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Governing Law and Jurisdiction.
The Web site (excluding linked Web sites) is controlled by Two-Bit. By accessing or using the Web site, you agree that all matters relating to your access to, or use of, the Web site and/or the Content shall be governed by the laws of Illinois. You agree and hereby submit to the non-exclusive jurisdiction of Illinois courts with respect to such matters.
General.
Any consent by Two-Bit to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with Two-Bit that expressly reference this Agreement, this is the entire agreement between you and Two-Bit relating to the matters contained herein.
