This platform subscription agreement is a legal agreement between you and Diningedge-Purchasing Assistant LLC-Nxtedge or any of its companies or Affiliates, these affiliates or companies will be referred to as Diningedge of DE in this agreement.
(“Diningedge”, “we”, “us” or “our”) governing your use of the Diningedge platform. Please read this agreement carefully. By signing up and completing your registration, you indicate your acceptance of this agreement and agree to abide by the terms and conditions set forth herein. If you are entering into this agreement on behalf of a business or other legal entity, you hereby represent and warrant that you have the authority to bind such entity and its affiliates to the terms and conditions of this agreement, in which case “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with the terms and conditions of this agreement, you may not accept this agreement, nor may you use the base platform or receive services hereunder.
In addition to the terms defined in the body of the agreement, the following terms have the following meanings:
“End Users” means individuals sixteen years or older who are authorized to access and use the Diningedge Platform under Your Subscription and use. End Users may include but are not limited to You and Your employees, consultants, contractors, and agents.
“Diningedge Platform” means the online and or Desktop or any computer or Mobile devise application provided by Diningedge, the mobile application(s) provided by Diningedge, and the underlying servers and software used to provide such applications.
“Residuals” means ideas, concepts, know-how, expertise, methods, methodologies, functional and designs, code and documentation and systems, concepts, and business information) Diningedge has developed or is developing in connection with the business of creating and offering the DiningEdge Platform.
“Setup Fees” means any fees agreed upon by both parties to pay for services required to become fully set up to use the DiningEdge Platform.
“Subscription” means the right to access the DiningEdge Platform during the Term.
“Subscription Fees” means the fees for a Subscription to any version of the DiningEdge Platform and as detailed either on the DiningEdge website or on any subscription joined or signed by you.
These and all other fees are to be paid to DE irrespective of whether you use the system or not and all payments you agree not to dispute with your credit card or bank.
“Your Data” means any personally identifiable data uploaded by You to the DiningEdge Platform that would typically be provided in the normal course of using the Platform, as well as all information generated by the End Users during the use of the Platform. Your Data includes, without limitation, any financial information of any nature or any other personally identifiable information that could be legally considered private or sensitive.
Registration. When registering for a paid Subscription, you must be sixteen years or older to register, and must provide complete and accurate information during the registration process, including a valid credit card number or bank account (for ACH debit) that You are authorized to use.
Term. The term of this Agreement begins on the date you complete the registration, and we activate Services for your Account. This Agreement will continue from month to month until terminated by either party pursuant to the terms hereof and or agreed by you.
Order Acceptance Policy. Your successful submission of your order on the Site signifies acceptance by DiningEdge of your order and the provision of your Account.
Subscription. Diningedge shall make the Diningedge Platform available to You and Your End Users pursuant to this Agreement during the Term. You agree that your purchase of the Subscription is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by Diningedge with respect to future functionality or features.
Support. Support via email and phone is available in connection with a paid Subscription. Use of services is limited to registered users associated with an active company account.
Use of Services. You must follow any policies made available to you within the Services. You agree you will not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services may display some content that is not Diningedge such as vendor quotes or invoices. This content is the sole responsibility of the entity that makes it available. We may review data or content to reformat or make calculations to aid you in using and analyzing the content.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Electronic Funds Transfer Agreement. You authorize us to initiate, process, transmit, and settle ACH debits or credits to the account you have specified (“Designated Account”). Your authorization will remain in effect, even after termination of the Subscription, until we, in our sole discretion, decide that all your financial obligations have been fully satisfied. You irrevocably authorize us to debit the Designated Account for any chargebacks, ACH returns, fines, losses, and costs that we may incur because of your use of the DE Platform. You further agree to not reverse or stop or change any payments from your bank or Credit Card company.
Required Information. To use the DE Platform, you are required to provide us with certain information relating to your account with DE in a timely manner ,such as Order Guides or any items required by DE, whether you provide these requirement or not or do not use the DE platform you are still liable for the term and duration and financial obligation you have agree to with Diningedge.
Prices, Parsing Information, and any information given to DE or formulated by DE. Per this Agreement, DE will be held harmless and not liable by you for the contents, prices or Order Guide Prices or information given to DE by you or your Purveyors or any third Party or information given by DE to you or your Purveyor or any third party or your End User not limited to Orders places and any information given to or by Diningedge.
Recurring Transactions. You grant us authorization and prior written consent for recurring transactions, including a description of the product and the frequency and duration of the recurring charge, and must notify us to cancel recurring billing charges at any time. During any agreement you may not cancel any recurring charges.
You need a Diningedge Account to use our Services. Your Account may be assigned to you by an administrator, such as your employer, or by Diningedge. If you are using an Account assigned to you by an administrator, different or additional terms may apply, and your administrator may be able to access or disable your account. It is the responsibility of the account administrator to activate and inactivate users.
To protect your Account, keep your password confidential. You are responsible for the activity that happens on or through your Account.
You agree in the case that there is an automatic renewal you will be automatically charged as per the payment on file, or any other payment method given to DE and will agree and not dispute this renewal.
All laws and agreements herein will be governed by the state of Florida, USA.
Either party agrees that damages including legal fees cannot be more than $4500.00 four thousand five hundred dollars in total.
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