munchMuch.com agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of munchMuch.com's service constitutes acceptance and agreement to munchMuch.com's Terms of Service.
munchMuch.com reserves the right to modify the Terms of Service without notice.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of Canada or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify munchMuch.com of any unauthorized use of your account or any other breach of security. munchMuch.com will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using munchMuch.com. You will not engage in any activity that interferes with or disrupts munchMuch.com's services or networks connected to munchMuch.com.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that munchMuch.com will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Spam and Unsolicited Bulk Email (UBE): munchMuch.com has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of munchMuch.com whether or not the message actually originated from our network.
Mailing Lists: munchMuch.com's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
munchMuch.com and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Canadian or provincial regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. munchMuch.com's services may not be used to facilitate infringement of these laws in any way.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of munchMuch.com or munchMuch.com's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
You agree that munchMuch.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by munchMuch.com may be turned over to an outside collection agency for collection.
Subscriber is aware that munchMuch.com may prospectively change the specified rates and charges from time to time.
munchMuch.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by munchMuch.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
munchMuch.com, provides 24 x 7 technical support to our subscribers via email. The following are our guidelines when providing support: munchMuch.com provides support related to your account and target websites functioning. munchMuch.com does not provide technical support to your customers.
munchMuch.com reserves the right to suspend the account of any subscriber if, in the judgment of the munchMuch.com administrators, the customer's target website is the source or target of a violation of any of the other terms of service or for any other reason which munchMuch.com chooses. munchMuch.com will use reasonable care in notifying the subscriber and in resolving the problem in a method resulting in the least amount of service interference. munchMuch.com reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until an investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.
If at any time it becomes necessary for munchMuch.com to cancel a subscriber's service without cause, munchMuch.com will provide 30 days advance notice.
You may cancel the service at any time by using the "Delete" button located on the "Restaurants" page of the Kitchen CMS. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve subscriber of responsibility for the payment of all accrued charges.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of munchMuch.com and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that munchMuch.com shall not be liable for any damages arising from such causes beyond the direct and exclusive control of munchMuch.com. Subscriber further acknowledges that munchMuch.com's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall munchMuch.com be liable for any special or consequential damages, loss or injury. munchMuch.com is not responsible for any damages your business may suffer. munchMuch.com does not make implied or written warranties for any of our services. munchMuch.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by munchMuch.com.
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that munchMuch.com may disclose any and all subscriber information including account history, account use, etc. to any court which sends us a valid Court Order, without further consent or notification to the subscriber. In addition, munchMuch.com shall have the right to terminate all service set forth in this Agreement.
You agree that your use of munchMuch.com shall be at your sole risk. All services provided by munchMuch.com are available as is, without warranty.
munchMuch.com wishes to emphasize that in agreeing to the munchMuch.com Terms of Service, customer indemnifies munchMuch.com for any violation of the Terms of Service that results in loss to munchMuch.com or the bringing of any claim against munchMuch.com by any third-party. This means that if munchMuch.com is sued because of a subscriber's or a customer of a subscriber's activity, the customer will pay any damages awarded against munchMuch.com, plus all costs and reasonable attorney's fees.
You agree that munchMuch.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on munchMuch.com services.
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and munchMuch.com and govern your use of munchMuch.com services, superceding any prior agreements between you and munchMuch.com for the use of munchMuch.com services.
The Terms of Service and the relationship between you and munchMuch.com shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. You and munchMuch.com agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario.
The failure of munchMuch.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 party's intentions as reflected in the provision, and the other provisions of the Terms of Service 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 munchMuch.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.