By using the MenusGoMobile.com web site ("Service"), all services of MenusGoMobile/The Greengrass Agency, LLC. ("MenusGoMobile/The Greengrass Agency"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
MenusGoMobile/The Greengrass Agency reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://MenusGoMobile.com/terms/ Violation of any of the terms below will result in the termination of your Account. While MenusGoMobile/The Greengrass Agency prohibits such conduct and Content on the Service, you understand and agree that MenusGoMobile/The Greengrass Agency cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Account Terms1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. You are responsible for maintaining the security of your account and password. MenusGoMobile/The Greengrass Agency cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have access to your account).
6. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payments and Refund Terms1. A valid credit card is required.
2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
4. MenusGoMobile/The Greengrass Agency will use commercially reasonable efforts to have the application approved by the appropriate mobile platform provider. Although there is a high likelihood of approval, we do not and cannot guarantee acceptance. If your application is denied by the appropriate mobile platform provider you may cancel your account, however there are no refunds under any circumstances.
2. All of your Content will be deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. MenusGoMobile/The Greengrass Agency, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other MenusGoMobile/The Greengrass Agency service, for any reason at any time. Such termination of the Service 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.
5. MenusGoMobile/The Greengrass Agency reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices1. MenusGoMobile/The Greengrass Agency reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the MenusGoMobile/The Greengrass Agency Site (www.MenusGoMobile.com) or the Service itself.
3. MenusGoMobile/The Greengrass Agency shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
4. From time to time, MenusGoMobile/The Greengrass Agency may issue an update to the MenusGoMobile/The Greengrass Agency application which may add, modify, and/or remove features from the application. These updates may be pushed out automatically with little or no notice, although MenusGoMobile/The Greengrass Agency will do everything in its power to notify you in advance of an upcoming update, including details on what the update includes.
Copyright and Content Ownership1. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by using the MenusGoMobile application to create your mobile application, you agree to allow others to view and share your Content.
2. MenusGoMobile/The Greengrass Agency does not pre-screen Content, but MenusGoMobile/The Greengrass Agency and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
3. The look and feel of the Service is copyright 2010 MenusGoMobile/The Greengrass Agency, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS?Xcode or visual design elements without express written permission from MenusGoMobile/The Greengrass Agency.
General Conditions1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
3. You authorize the Company to use, reuse, and to grant others the right to use and reuse, your Content, and any reproduction or simulation thereof, in any form of media or technology now known or hereafter developed, both during and after your use of the Services, for any purposes related to the Service
4. You understand that MenusGoMobile/The Greengrass Agency uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other MenusGoMobile/The Greengrass Agency service.
6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by MenusGoMobile/The Greengrass Agency.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
8. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any MenusGoMobile/The Greengrass Agency customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. If your bandwidth usage exceeds 5 GB/month, or significantly exceeds the average bandwidth usage (as determined solely by MenusGoMobile/The Greengrass Agency) of other MenusGoMobile/The Greengrass Agency customers, additional charges will apply. Currently the charge is $.25/gb per month over 5 GB. MenusGoMobile/The Greengrass Agency reserves the right to change the overage charge at any time.
13. MenusGoMobile/The Greengrass Agency does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
14. You expressly understand and agree that MenusGoMobile/The Greengrass Agency shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MenusGoMobile/The Greengrass Agency has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) 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 the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
15. The failure of MenusGoMobile/The Greengrass Agency to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and MenusGoMobile/The Greengrass Agency and govern your use of the Service, superseding any prior agreements between you and MenusGoMobile/The Greengrass Agency (including, but not limited to, any prior versions of the Terms of Service).
16. In no event shall MenusGoMobile/The Greengrass Agency liability to you exceed the amount actually paid to MenusGoMobile/The Greengrass Agency by you during the preceding 12 months.