Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Blue Contrails, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your RestaurantEngine.com Account and Site. If you create a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Blue Contrails may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Blue Contrails liability. You must immediately notify Blue Contrails of any unauthorized uses of your site, your account or any other breaches of security. Blue Contrails will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Blue Contrails or otherwise.
By submitting Content to Blue Contrails for inclusion on your Website, you grant Blue Contrails a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Blue Contrails will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Blue Contrails has the right (though not the obligation) to, in Blue Contrails’ sole discretion (i) refuse or remove any content that, in Blue Contrails’ reasonable opinion, violates any Blue Contrails policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Blue Contrails’ sole discretion. Blue Contrails will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. Paid services are available on the Website. By selecting a paid service you agree to pay Blue Contrails the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
- Automatic Renewal. Unless you notify Blue Contrails before the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in the account section on the Website.
- Adding and Removing Websites on One Account. At additional cost, customers can add multiple websites associated under their single membership with Blue Contrails. The cost of membership is charged on a per website basis. Customers will be charged once per month for ALL websites that have been added to their account. When a website is added or removed from a customer’s account, the service charge is pro-rated accordingly and reflected on the next charge.
- Responsibility of Website Visitors. Blue Contrails has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Blue Contrails does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Blue Contrails disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which RestaurantEngine.com links, and that link to RestaurantEngine.com. Blue Contrails does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Blue Contrails does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Blue Contrails disclaims any responsibility for any harm resulting from your use of external websites and webpages.
- Copyright Infringement and DMCA Policy. As Blue Contrails asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by RestaurantEngine.com violates your copyright, you are encouraged to notify Blue Contrails in accordance with the Digital Millennium Copyright Act (“DMCA”). Blue Contrails will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Blue Contrails will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Blue Contrails or others. In the case of such termination, Blue Contrails will have no obligation to provide a refund of any amounts previously paid to Blue Contrails.
- Intellectual Property. This Agreement does not transfer from Blue Contrails to you any Blue Contrails or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Blue Contrails. Blue Contrails, RestaurantEngine.com, the RestaurantEngine.com logo, and all other trademarks, service marks, graphics and logos used in connection with RestaurantEngine.com, or the Website are owned by Blue Contrails. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Blue Contrails or third-party trademarks.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. Blue Contrails reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Blue Contrails may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Blue Contrails may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your RestaurantEngine.com account (if you have one), you may contact us to request cancellation from your within your account. Notwithstanding the foregoing, such account can only be terminated by Blue Contrails if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Blue Contrails’ notice to you thereof; provided that, Blue Contrails can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Blue Contrails and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Blue Contrails nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Blue Contrails, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Blue Contrails under this agreement during the twelve (12) month period prior to the cause of action. Blue Contrails shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Blue Contrails, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Blue Contrails and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Blue Contrails, or by the posting by Blue Contrails of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Connecticut, U.S.A. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Blue Contrails may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Resellers and White Label Partner Program. Customers of Restaurant Engine are permitted to resell the services to their own clients. This is also known as the White Label Partner Program. Customers who resell Restaurant Engine services are held to the same terms and conditions as all other Restaurant Engine users and customers. White Label Partner Program Customers who resell website services to their own clients are responsible for managing and administering all business relationships with those clients. The membership and subscription terms between Partner Program Customers and Restaurant Engine / Blue Contrails is not affected in any way by any dealings between the Partner Program Customer and their client.
- Customers who resell the services of Restaurant Engine to their own clients acknowledge and accept the following:
- Restaurant Engine has provided documentation for how to enable “White Label Mode” on a website for the purpose of removing or hiding all instances of the name “Restaurant Engine” or “restaurantengine.com” from the public-facing website and in the website dashboard. Restaurant Engine does not remove or hide instances of “restaurantengine.com” from the publicly accessible source code and does not guarantee that a reseller’s end client will never take it upon themselves to investigate the website source code and see the name “Restaurant Engine” or “restaurantengine.com”.
- Restaurant Engine and full-time employees of Restaurant Engine will not make direct contact with reseller’s clients who have active websites hosted by Restaurant Engine for the purpose of soliciting new business. Should a reseller’s client contact Restaurant Engine for the purpose of purchasing a paid service directly from Restaurant Engine, Restaurant Engine will not refuse service to this person and is not responsible for any loss of business to the reseller.
- Restaurant Engine markets it’s services publicly to the world for the purpose of attracting customers. Restaurant Engine makes no guarantee that the clients of resellers will never find or discover the services of Restaurant Engine or restaurantengine.com through any channel including but not limited to search engine queries, advertising, or word-of-mouth.
- Resellers may create a website to promote their services to potential clients. Restaurant Engine provides a selection of images in the White Label Partner Kit that Resellers may include in their website. Restaurant Engine also provides a website template available for use to Resellers.
- Resellers are not permitted to copy, replicate, mimic, or plagiarize any part of restaurantengine.com on their own website. The design, layout, text, headlines, copy, blog articles, and videos found on restaurantengine.com may not under any circumstances be copied and used on a Reseller’s website. Resellers who copy, replicate, or plagiarize content from restaurantengine.com may be subject to termination from the program.
- If a Reseller violates any of the policies outlined in these terms and conditions, their membership may be terminated. If terminated, the reseller’s clients websites will be deactivated and cancelled.
- Customers who resell the services of Restaurant Engine to their own clients acknowledge and accept the following:
- Blue Contrails reserves the right, at any time, to change or modify the Site, Services or this Agreement, by making such change or modification available on the Site or by providing other notice to You. Any such change or modification will be effective 30 days after posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through Your continued use of the Site or Services.