Terms of Use

AGREEMENT
This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between 321 Order Now Inc. ("321ordernow.com, "321 Order Now", "we," "us" or "our") and you (which term, as used herein, includes you personally and, if you are using this Website on behalf of the company or organization on whose behalf we grant you access, such company and organization), concerning your access to and use of our Internet Website, www.321ordernow.com (the "Site"), and the information, documents, reports, data, features, functionalities and software that may be offered to you through the Site and the other materials on the Site (collectively, and as such may be revised from time to time by us, the "Content"), and, if applicable, you becoming and being a Partner, you hereby agree to the following terms and conditions (together with the Partner Program Terms and Conditions, if agreed by you, collectively, these "Terms of Use").
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Website Services.
You accept and agree to be bound by this agreement by acknowledging such acceptance during the registration process (if applicable) and also by continuing to use the Website. If you do not agree to abide by this agreement, or to modifications that 321ordernow.com may make to this agreement in the future, do not use or access or continue to use or access the 321ordernow.com services or the Website.
GENERAL
321ordernow.com is owned and operated by 321 Order Now Inc. Our merchant network is solely a facilitator of communications between the merchant members and users. We are in no way responsible for the quality of goods or services offered by its merchant members.
Notwithstanding anything to the contrary, becoming a partner (or Partner, as the Site, these Terms of Use and/or the Partner Terms and Conditions may state) does not entitle you to any benefits or rights, unless expressly agreed by us in writing signed by our authorized officer.
The Restaurants are obligated by 321 Order Now to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for users to understand that 321 Order Now does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. Buyers must make themselves comfortable through information provided by Restaurants on the Website or as requested by buyers directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. 321 Order Now does not in any way guaranty the quality of any food or that any food complies with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards such as "organic," "kosher," "macrobiotic" or allergen-specific standards such as "nut-free," "gluten-free," or "lactose-free." However, 321 Order Now does not independently investigate or verify such representations. 321 Order Now shall not be liable or responsible for any food or services offered by Restaurants that is unhealthy, is the cause of injury, that is otherwise unacceptable to buyers or that does not meet the expectation of buyers in any manner. Buyers are solely responsible for verifying the accuracy of delivery addresses, and 321 Order Now shall have no liability or responsibility for any such erroneous addresses.
PRICES
321 Order Now takes customer satisfaction very seriously. In the case of problems with your food order, please contact the Restaurant directly. If you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact 321 Order Now and we will try to assist you. In every event, we will do our best to ensure your satisfaction.
The information regarding price, product specifications and availability contained on the Site has been provided by member merchants. The prices charged by the member merchants are generally the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although 321 Order Now attempts to make certain that the prices listed on the Site and those posted in the stores on the date they are viewed on the Site are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change, particularly if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by merchants that use third party delivery services may sometimes be different than those charged in their physical stores.
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the Site are different, the checkout price will prevail in every case.
While 321 Order Now has undertaken to confirm the accuracy of the information contained on this Site, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. Of course, if you become aware that the Site contains inaccurate information, please let us know by contacting us.
PLACING ORDERS FOR ALCOHOLIC BEVERAGES AND/OR TOBACCO PRODUCTS USING THE SITE
By using the Site to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:

(A) that the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may be sold and delivered only to persons who are at least twenty one (21) years of age or older;

(B) that you are at least twenty one (21) years of age or older;

(C) to provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products; (Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S.(NYS, ABC Law Section 65-b.2(b));

(D) that sale of alcohol beverages and/or tobacco products to you is made by the participating merchants and NOT 321 Order Now;

(E) that neither 321 Order Now nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents (collectively "321 Order Now Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof; and

(F) that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless 321 Order Now Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to: (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.

PROPERTY RIGHTS IN THE SITE AND CONTENT; INFORMATIONAL PURPOSES AND COMPLIANCE WITH LAW
The content on the Website ("321ordernow.com Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to 321 Order Now and are protected by applicable copyright, patent, trademark and other intellectual property laws. All 321ordernow.com Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All 321ordernow.com graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of 321 Order Now in the U.S. and/or other countries, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Site or the Content in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. Use of the Site or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. You agree not to use the Site or the Content for any unlawful purposes and comply with any and all requests from us to protect our respective rights in the Site and the Content. You may use the Site and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your reference and internal use and display, but you will not remove any copyright or other notices contained in the Content. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the Site and the Content for any commercial purpose except for those expressly authorized by us. We reserve the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Site. If you have any questions about any materials posted on the Site, we urge you contact your 321 Order Now representative.
REGARDING CONTENT YOU PROVIDE
You are entirely responsible for the content of, and any harm resulting from, your postings to the interactive portions of the Website ("Contribution"). When you create or make available a Contribution, you thereby represent and warrant that:

(A) the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;

(B) you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize 321 Order Now and the Website users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;

(C) your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;

(D) your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by 321 Order Now), libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;

(E) your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on 321 Order Now's or others' computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;

(F) your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;

(G) your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and

(H) your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by 321 Order Now in its sole discretion.

NON-321orernow.com CONTENT; PRODUCTS AND SERVICES MENTIONED ON THE SITE
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized 321 Order Now employee spokespersons while acting in their official capacities.
We do not review and assume no responsibility for any content received from, or created by, any third parties. Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, whether provided by 321 Order Now affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, including their quality.
321 Order Now may accept, reject or remove restaurant reviews in its sole discretion. 321 Order Now has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the establishment being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; and (4) reviewers should not make any conclusions as to the legality of the an establishment's conduct. Reviews are not endorsed by 321 Order Now, and do not represent the views of 321 Order Now or of any affiliate or partner of 321 Order Now. 321 Order Now does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
HYPERLINKS
In the event you use the Site or the links included on the Site to gain access to any World Wide Web site or any Internet location or a source of information of any company, organization or person other than 321ordernow.com you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any content or links found at any such site, location or source, for your use of such information, or for any such sites, locations or sources use of any information you submit to them. We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. The fact that we have provided a link to any non-321ordernow.com site, location or source does not signify our endorsement of the site or its contents. There are inherent risks in the use of any software and/or content found on the Internet, and you acknowledge that you understand these risks.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than that for which 321 Order Now makes it available. The Website is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by 321 Order Now. Prohibited activity includes, but is not limited to:

(A) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;

(B) advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by 321 Order Now;

(C) systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from 321 Order Now;

(D) making any unauthorized use of the 321 Order Now Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email;

(E) engaging in unauthorized framing of or linking to the Website;

(F) transmitting chain letters or junk email to other users;

(G) using any information obtained from the Website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

(H) engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;

(I) interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

(J) attempting to impersonate another user or person;

(K) selling or otherwise transferring your profile;

(L) using any information obtained from the Website in order to harass, abuse, or harm another person;

(M) using the 321 Order Now Service as part of any effort to compete with 321 Order Now or to provide services as a service bureau;

(N) deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;

(O) attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;

(P) harassing, annoying, intimidating or threatening any 321 Order Now employees or agents engaged in providing any portion of the 321 Order Now Services to you;

(R) displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as posting blogs or bulletins with a commercial purpose;

(S) deleting the copyright or other proprietary rights notice from any Contribution or 321 Order Now Content; and

(T) using the Website in a manner inconsistent with any and all applicable laws and regulations.

INDEMNIFICATION
You shall indemnify and hold harmless 321ordernow.com, its affiliates and its and their partners, employees and agents from and against any and all claims, actions, proceedings, obligations, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal and other professional fees and costs) directly or indirectly arising out of or related to (i) your breach of any agreements, representations and warranties contained in these Terms of Use, and/or (ii) your access to and/or use of the Site and/or the Content.
CONSENT TO RECORDING AND MONITORING ALL COMMUNICATION BETWEEN YOU AND 321 ORDER NOW
You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Site or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. You acknowledge that from time to time, we may record certain telephone calls used for the customer service and/or related purposes, and to the extent that any such recording occurs involving you, you consent to such recording. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right to monitor any and all use of the Site. You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, Electronic Messages) may not be secure and communications using Electronic Messages may not be confidential. In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
GOVERNING LAW
The Site is published in the United States. You agree that any access to or use of the Site or the Content will be deemed to be entirely at our facility in New York City, under and subject to applicable New York State and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in New York and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the State of New York without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the State of New York. You consent to personal jurisdiction in any applicable court for purposes of any such litigation. Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.
MODIFICATION; TERMINATION
We may at any time and for any reason (a) with or without prior notice to you, modify or discontinue, in whole or in part, any portion of the Site (including the Content or hours of availability) and/or your access to the Site, and (b) upon written notice or posting to the Site, modify these Terms of Use. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and, unless otherwise expressly stated in these Terms of Use, will survive the termination of your access to, and use of, the Site, and your relationship with us. You agree that if you use the Site and/or the Content after such notification of changes in the Terms of Use, you will be bound by all such changes.
FORCE MAJEURE
Neither we nor any of our affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of our obligations with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.
LIMITATION OF LIABILITY
THE SITE AND THE CONTENT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. 321 ORDRE NOW AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES. AS TO THE OPERATION OF THE SITE, 321 ORDER NOW MAKES NO WARRANTY THAT (i) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU (AND NOT 321 ORDER NOW) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE SITE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL 321 ORDER NOW OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR 321 ORDER NOW SERVICES, EVEN IF 321 ORDER NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THE SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD 321 ORDER NOW OR ITS AFFILIATES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE SITE (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NEITHER 321 ORDER NOW NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
ELECTRONIC DOCUMENTS
We may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Site or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Site intend to form a legally binding contract between you and 321 Order Now; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.
MISCELLANEOUS
These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Site and to use the Content and, if applicable, you becoming and being a Partner, and supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to." Neither you nor we may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party. We may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and us governing the conduct of your relationship with us or any other applicable terms and conditions found on the Site.
Version Dated: 10.22.2010


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