) and procedures that may be published from time to time on this Site by NUSHOP Online Ordering System (collectively, the “Agreement”).
Please read this Agreement carefully before purchasing any of our Membership Plans, Equipment, Equipment packages, 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 NUSHOP Online Ordering System, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 19 years old.
- Your NUSHOP Online Ordering System Account and Site. If you create a website on the Website or through purchasing one of our membership plans, 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 NUSHOP Online Ordering System may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause NUSHOP Online Ordering System liability. You must immediately notify NUSHOP Online Ordering System of any unauthorized uses of your site, your account or any other breaches of security. NUSHOP Online Ordering System 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 NUSHOP Online Ordering System or otherwise.
- Adding and Removing Websites on One Account. At additional cost, customers can add multiple websites associated under their single membership with NUSHOP Online Ordering System. The cost of membership is charged on a per website and location basis. Customers will be charged once per Month or every 3 Months (Quarterly) or Annually for ALL websites that have been added to their account based on the membership level that they have chosen.
- General Terms. Paid services are available on the Website. By selecting a paid service you agree to pay NUSHOP Online Ordering System the Monthly or every 3 Months (Quarterly) 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 every 3 Months (Quarterly) or Annual subscription period as indicated. Fees are not refundable.
- Automatic Renewal. Unless you notify NUSHOP Online Ordering System 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.
- Specials If you purchase a Membership Package under a special pricing event, the special Membership price will be for a period of One Year from the date that you purchased that Membership Package. After the One Year period, the Membership Price will be changed to the price available for that Membership Package at the time.
- Regular Plan Prices The prices on all Membership Packages are for a one year period from the date that you purchased that Membership Package. After the One Year period, NUSHOP Online Ordering System will reserve the rights to change the Membership Price at any time with 2 months prior notice through your email on records.
- Website Ownership The website or websites that is or are created for you by NUSHOP Online Ordering System will remain a property of NUSHOP Online Ordering System at all times. You can use, promote and customize this website within boundaries of this agreement as long as you are fulfilling your monthly membership plan’s payment. Once you stop the payment, the NUSHOP Online Ordering System will reserve the right to keep the website and release your data to you for further usage by you. Your domain name will stay your property at all times and you can also request to move your domain name to a third party of your choice.
- Website Management NUSHOP Online Ordering System offers a managed service and will create a website based on available templates at NUSHOP Online Ordering System for you. Once your website was created, you can change your menu at any time by yourself or you can ask NUSHOP Online Ordering System to do it for you once per month for Free. If you require further changes to your menu or its appearance beyond a once per month, NUSHOP Online Ordering System will charge you a fee for doing the changes, The fee will vary depending on the changes needed.
- Payment and Renewal. By submitting Content to NUSHOP Online Ordering System for inclusion on your Website, you grant NUSHOP Online Ordering System 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 or website. If you delete Content, NUSHOP Online Ordering System 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, NUSHOP Online Ordering System has the right (though not the obligation) to, in NUSHOP Online Ordering System’s sole discretion (i) refuse or remove any content that, in NUSHOP Online Ordering System’s reasonable opinion, violates any NUSHOP Online Ordering System 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 NUSHOP Online Ordering System’s sole discretion. NUSHOP Online Ordering System will have no obligation to provide a refund of any amounts previously paid.
- Responsibility of Website Visitors. NUSHOP Online Ordering System 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, NUSHOP Online Ordering System 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. NUSHOP Online Ordering System 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 NUSHOP Online Ordering System links, and that link to mynushop.com. NUSHOP Online Ordering System 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, NUSHOP Online Ordering System 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. NUSHOP Online Ordering System disclaims any responsibility for any harm resulting from your use of external websites and webpages.
- Copyright Infringement and DMCA Policy. As NUSHOP Online Ordering System 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 NUSHOP Online Ordering System violates your copyright, you are encouraged to notify NUSHOP Online Ordering System in accordance with the Digital Millennium Copyright Act (“DMCA”). NUSHOP Online Ordering System will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. NUSHOP Online Ordering System 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 NUSHOP Online Ordering System or others. In the case of such termination, NUSHOP Online Ordering System will have no obligation to provide a refund of any amounts previously paid to NUSHOP Online Ordering System.
- Intellectual Property. This Agreement does not transfer from NUSHOP Online Ordering System to you any NUSHOP Online Ordering System or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with NUSHOP Online Ordering System. NUSHOP Online Ordering System, mynushop.com, the NUSHOP Online Ordering System logo, and all other trademarks, service marks, graphics and logos used in connection with mynushop.com, or the Website are owned by NUSHOP Online Ordering System. 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 NUSHOP Online Ordering System 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. NUSHOP Online Ordering System 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. NUSHOP Online Ordering System 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. NUSHOP Online Ordering System 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 NUSHOP Online Ordering System 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 NUSHOP Online Ordering System if you materially breach this Agreement and fail to cure such breach within thirty (30) days from NUSHOP Online Ordering System’s notice to you thereof; provided that, NUSHOP Online Ordering System 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”. NUSHOP Online Ordering System 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 NUSHOP Online Ordering System 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 NUSHOP Online Ordering System, 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 NUSHOP Online Ordering System under this agreement during the twelve (12) month period prior to the cause of action. NUSHOP Online Ordering System 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 NUSHOP Online Ordering System, 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 NUSHOP Online Ordering System and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NUSHOP Online Ordering System, or by the posting by NUSHOP Online Ordering System 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 Province of Ontario, Canada. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; NUSHOP Online Ordering System 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.
- NUSHOP Online Ordering System reserves the right to advertise its name and the link to its website “NUSHOP Online Ordering System” or “mynushop.com” or "Powered by NUSHOP Online Ordering System " on the public-facing website. NUSHOP Online Ordering System does not remove or hide instances of “mynushop.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 “NUSHOP Online Ordering System" or “mynushop.com”.
- NUSHOP Online Ordering System 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.
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