Terms of Use and Service

These Terms of Use and Service are a contract between you and SandwichBoard, LLC, a Maryland limited liability company ("SandwichBoard," "Us," and "We"). By using SandwichBoard's or our subsidiaries or affiliated companies' products, services, or websites (collectively, SandwichBoard's "services"), you agree to be bound by the following terms and conditions, and any policies, guidelines, as the same may be amended from time to time (collectively, the "Terms"). We reserve the right to update and change these Terms from time to time without notice by posting revised Terms on our website. You should consult our website regularly to ensure that your activities conform to the most recent version of these Terms.

Any new features that augment or enhance the current services, including the release of new tools and resources, shall be subject to the Terms. Continued use of services after any such changes shall constitute your consent to such changes. The Terms constitute the entire agreement between you and SandwichBoard and govern your use of its services, superseding any prior agreements between you and SandwichBoard for the use of its services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SandwichBoard services, affiliate services, third-party content, or third-party software.

If you do not agree to these Terms or any part thereof, do not use SandwichBoard's services. Violation of any of the Terms will result in the termination of your right to use our services, as well as any account that you may have created as part of the service. You agree to use our services at your own risk.

Content Linked to by SandwichBoard

SandwichBoard may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on or through our website or SandwichBoard's services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such marketing partners or other third parties.

Patron Terms

The final amount of carryout and delivery orders may differ from those stated online. SandwichBoard does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of such orders. Patrons agree to pay all fees and charges incurred in connection with purchases (including any applicable taxes) at the rates in effect when the charges were incurred.

When using a "credit card" as a method of payment, patrons agree to authorize the use of the credit card presented as a method of payment to the restaurant and to provide the restaurant with the credit card information upon receipt of an order. Prior to the purchase of any goods or services on our website, patrons must provide SandwichBoard with a valid credit card number and associated payment information including all of the following: patron (1) name as it appears on the card, (2) credit card number, (3) the credit card type, (4) the date of expiration and (5) any activation numbers or codes needed to charge the card. When using "cash" as a method of restaurant payment, patrons agree to provide the restaurant payment in the form of United States dollars (USD) upon receipt of an order.

If there are issues or errors, or if a patron is not satisfied with a carryout or delivery order, the patron must contact the restaurant promptly and provide them with whatever information they need to consider a request for return or compensation. All sales are final unless order issues are confirmed with the restaurant directly. No cash or credit card refunds will be issued by SandwichBoard, as SandwichBoard does not collect payment from restaurant patrons. Payments are collected from patrons and processed by restaurants themselves.

Should there be any sort of issues with a carryout or delivery order, SandwichBoard shall not be liable. The risk of loss and title for such items pass to the restaurant when the restaurant receives notification of an order from SandwichBoard's services. The risk of loss and title for such items then pass to the patron when payment is collected by the restaurant.

Account Terms

In order to use SandwichBoard's services, you must (1) be older than 13 years, (2) be of legal age to form a binding contract, and (3) not be a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Accounts registered by automated methods or under false or fraudulent pretenses are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process. Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you like. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account. You may not, and covenant that you will not, use our services for any illegal or unauthorized purpose. You must not, in the use of our services, violate any laws in any applicable jurisdiction (including but not limited to trademark and copyright laws). You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, audio and video clips, and links that you submit, post, and display on SandwichBoard's services. You may not transmit any worms or viruses or any code of a destructive nature. You may not create or submit unwanted email to anyone. Violation of any of these agreements will result in the termination of your account. While SandwichBoard prohibits such conduct and content on its services, you understand and agree that we cannot be responsible for the content posted on our services and you nonetheless may be exposed to such materials.

Restaurant Account Payment, Upgrading, Downgrading, Cancellation, and Termination

A valid credit card is required for paying your account(s). You agree that SandwichBoard shall be permitted to charge your credit card or your business's credit card on a monthly basis in advance of providing its services, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of its services. The subscription fee will be billed in full on the first day of your paid subscription and on each monthly anniversary thereafter, unless and until you cancel or we terminate your subscription. If your billing date lands on a day not contained in a given month, you will be billed on the last day of that month. For example, if your paid subscription began on August 31st, your next billing date would be September 30th.

SandwichBoard is not responsible for any additional taxes, levies, duties, bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by SandwichBoard. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

We do not give full or pro-rated refunds for unused time if downgrade in plan level, cancellation, or termination is initiated during the middle of a billing cycle. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle along with a pro-rated amount for use of any unpaid services between the time of upgrade to your monthly anniversary. If you cancel or we terminate your account before the end of your current paid-up month, your cancellation will take effect immediately, any outstanding dues in the form of pro-rated amounts will be charged, and thereafter you will not be charged again. No action on our part or yours will alter your obligations to pay all charges due to us. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law. In order to treat everyone equally, no exceptions will be made.

You are solely responsible for properly canceling your account. Any mail, email, or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in the services. As soon as you cancel your subscription to the services, your right to use the services ceases immediately You may not have access to data that you stored after you terminate your service. However, SandwichBoard may retain residual information in its backup and archive copies of data, though such retention in no way obligates SandwichBoard to retrieve data for you after cancellation of your service.

SandwichBoard, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of its services for any reason at any time. Such termination of services will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse services to anyone for any reason at any time.

Downgrading, canceling, or termination of your account may cause the loss of content, features, or capacity of your account. SandwichBoard does not accept any liability for such loss.

If there are any billing items that you consider to be inaccurate, contact us as soon as possible, but in any event within ninety (90) days, so that we can either resolve the issue or refund the charge. Please do not challenge the amount with the credit card company, but instead notify SandwichBoard and we will make the appropriate adjustment in the next month's invoice.

Modifications to Service and Pricing

SandwichBoard reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, its services (or any part thereof) with or without notice. We may modify the prices of any and all services, including but not limited to monthly subscription plan fees, subject to change upon 30 days notice from us or 30 days after posting the modifications on our website. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of services.

License Grants and Restrictions

SandwichBoard hereby grants you a personal, non-exclusive, non-transferable, worldwide right to access and use it services, solely with supported browsers through the Internet for your own internal purposes, subject to these Terms. You may not permit the services to be used by or for the benefit of unauthorized third parties. Nothing in the Terms shall be construed to grant you any right to transfer or assign rights to access or use the services. All rights not expressly granted to you are reserved by SandwichBoard and its licensors.

You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the SandwichBoard services, including, without limitation, modems, hardware, server, software, Internet browsers, operating system, networking, web servers, long distance and local telephone service. You are also responsible for ensuring that all such equipment and ancillary services are compatible with the SandwichBoard services. And you are responsible for the use, and maintaining the security, of such equipment and ancillary services.

You understand that SandwichBoard uses third party vendors and service providers to enlist the necessary hardware, software, networking, storage, and related technology required to run its services. It stores and processes personal information on computers in the United States of America and in other countries. In some cases, it processes personal information on a computer outside your own country. You also understand that the technical storage, processing, and transmission of the services, including your content, may be transferred unencrypted and involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. You consent to all this by your use of our services.

You agree that you are responsible for the conduct of all users of your account(s) and any content that is created, transmitted, stored, or displayed by, from, or within your account(s) while using SandwichBoard services and for any consequences thereof.

You shall not (and you agree not to allow any third party to):
(1) license, sub-license, sell, resell, transfer, assign, distribute, reproduce, duplicate, copy, or otherwise commercially exploit or make available to any third party the services in any way;
(2) modify or make derivative works based upon the services;
(3) reverse engineer or access the services in order to (a) build a competitive product or service, (b) build a product using similar features, functions or graphics of the services, or (c) copy any features, functions or graphics of the services;
(4) modify, adapt, translate, reverse engineer, or hack any portion of the services or modify third-party services so as to falsely imply that it is associated with SandwichBoard;
(5) provide information or perform any activity that (a) is false, inaccurate or misleading; (b) is fraudulent or involves the sale of counterfeit or stolen items; (c) impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with any person or entity; or (d) involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the services;
(6) take any action that imposes, or may impose, in SandwichBoard's sole discretion, an unreasonable or disproportionately large load on its services;
(7) engage in any activity that interferes with or disrupts the services, or any servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
(8) use the services, intentionally or unintentionally, to violate any applicable local, state, national, or international law, statute, ordinance or regulation, including, but not limited to, those governing intellectual property, data privacy, international communications and the transmission of technical or personal data, export control, consumer protection, unfair competition, anti-discrimination or false advertising;
(9) upload, post, email, transmit or otherwise make available any information, materials, or other content that infringes another's rights, including any intellectual property rights such as copyright, patent, trademark, trade secret, other proprietary rights, or rights of publicity or privacy.
(10) upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, trade libelous, obscene or otherwise objectionable, pornographic, or offensive, or that invades another's privacy, or that promotes bigotry, racism, hatred for harm against any individual or group;
(11) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment, or network. Examples include but are not limited to: viruses, worms, defects, Trojan horses, time bombs, cancelbots, or other items that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or service, data or personal information;
(12) upload, post, email, transmit, or otherwise make available unsolicited or unauthorized advertising, promotional materials, email, SMSs, or messages;
(13) obtain, collect, store, or modify the personal information of other users or businesses using SandwichBoard's services, unless they intend to provide you with their information;
(14) create liability for us or cause us to lose (in whole or in part) the services or goodwill of our vendors or suppliers; or
(15) withhold any information regarding any unauthorized use or breach of services or violation of these Terms.

Disclaimer of Warranties

All materials, information, products, and services included in the SandwichBoard services are provided on an‚ "as is‚" and‚ "as available‚" basis, with no warranties whatsoever. SandwichBoard and its licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. SandwichBoard and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the services. SandwichBoard does not warrant that (1) the services will meet your specific requirements, (2) the services will be uninterrupted, timely, secure or error-free, (3) the results that may be obtained from the use of the services will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or (5) any errors in the services will be corrected. SandwichBoard and its licensors disclaim, any warranties for any information, content or advice obtained through the services. SandwichBoard and its licensors disclaim any warranties for services or goods received through or advertised on the SandwichBoard services or received through any links provided by the SandwichBoard services. SandwichBoard and its licensors disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. SandwichBoard and its licensors disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the SandwichBoard services. You understand and agree that you download or otherwise obtain material or data through the use of the SandwichBoard services at your own discretion and risk, and that you will be solely responsible for any damages to your computer systems or loss of data that results from the download of such material or data.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

Limitation of Liability

You expressly understand and agree that SandwichBoard shall not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if SandwichBoard has been advised of the possibility of such damages) resulting from: (1) the use or the inability to use SandwichBoard services; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from SandwichBoard services; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on SandwichBoard services; (5) the interruption, suspension, or termination of the SandwichBoard services (including such damages incurred by third parties); or (6) any other matter relating to SandwichBoard services. Such limitation shall further apply with respect to the performance or non-performance of the SandwichBoard services or any information or products or services that appears on, or is linked or related in any way to, the SandwichBoard services. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.

Without limiting the foregoing, under no circumstances shall SandwichBoard or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In no event shall we, our subsidiaries, officers, directors, employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services, or these Terms (however arising, including negligence). Our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the amount of fees you pay to us in the 12 months prior to the action giving rise to liability.

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnity

You agree to hold harmless and indemnify SandwichBoard, and its subsidiaries, affiliates, officers, agents, and employees, as well as its advertisers and partners, from and against any third party claim arising from or in any way related to your use of SandwichBoard's services, violation of these Terms, or any other actions connected with use of our services, including but not limited to any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SandwichBoard will provide you with written notice of such claim, suit or action.

Copyright and Content Ownership

You acknowledge that SandwichBoard owns all rights, title and interest in and to its services, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. These rights include rights to: (1) the SandwichBoard services developed and provided by us and all trademarks and other intellectual property associated therewith; and (2) all software associated with the SandwichBoard services. You agree that you will not copy, reproduce, alter, modify, or create derivative works from our services or intellectual property, or any content placed on our services by SandwichBoard or any third party.

SandwichBoard claims no intellectual property rights over the content you provide to its services. Your content remains yours. However, by allowing your content to be shared publicly, you agree to allow others to view and share your content. We do not pre-screen content, but we have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via our services.

You may provide SandwichBoard with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding its services. You hereby grant SandwichBoard a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such feedback. Your feedback shall not obligate SandwichBoard to take any steps to correct alleged problems, which it may or may not do in its sole discretion.

If you believe that your work has been copied in a way that constitutes trademark or copyright infringement, or your intellectual property rights have been otherwise violated, please contact us.

Please include the following in your correspondence: (1) identify the material on the SandwichBoard site that you claim is infringing, with enough detail so that we may locate it within our services; (2) 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; (3) a statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the interest involved or that you are authorized to act on behalf of that owner; (4) your full name, address, telephone number, and email address; and (5) your physical or electronic signature.

Violation of Terms

SandwichBoard reserves the right to investigate and prosecute violations of any of these Terms to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of the services or any information, materials, or other content provided or made available through the service, but we have the right to do so. You hereby agree that we may, in our sole discretion, remove or delete any entries, information, materials or other content that violates these Terms or that is otherwise objectionable.

Choice of Law and Forum

The Terms of Service and the relationship between you and SandwichBoard shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any suit involving any dispute or matter arising under these Terms may only be brought in the United States District Court for the District of Maryland or any Maryland State Court having jurisdiction over the subject matter of the dispute or matter. You and SandwichBoard hereby irrevocably consent to the exercise of personal jurisdiction and venue by any such Court with respect to any such proceeding.

Questions or Comments

If you have any questions or comments about these Terms of Use and Service, please contact us through our services, support@sandwichboard.com, or by mail:

Terms of Use and Service
SandwichBoard
8680 Delcris Drive
Montgomery Village, MD 20886 USA