Terms of Use

Resto-Rat, LLC. Terms of Use

Effective as of December 1, 2017

IMPORTANT — THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”) AND Resto-Rat, LLC. (“WE” or “Resto-Rat”). YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF USE AGREEMENT (“AGREEMENT”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THIS APP/WEBSITE, AND OTHER Resto-Rat, LLC. SERVICES (COLLECTIVELY, THE “APP/WEBSITE”). Resto-Rat, LLC. IS WILLING TO LICENSE THE USE OF THE APP/WEBSITE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

License Grant

This Agreement provides You with a limited, non-exclusive, non-transferable, and non-sublicenseable license to use the App/Website solely for your personal use or your internal business purposes.

License Restrictions

The foregoing license is limited. You therefore may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the App/Website (or any part thereof) in any manner not expressly permitted by this Agreement; (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the App/Website (or any part thereof); (iii) access, link to, or use any source code from the App/Website (or any part thereof); or (iv) erase or remove any proprietary or intellectual-property notice contained in or on the App/Website (or any part thereof). You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of this Agreement and subject to the termination provisions set forth herein.

User Obligations

Subject to Resto-Rat, LLC.’s right to monitor or audit compliance, You acknowledge and agree that it is solely your responsibility to maintain your compliance with the terms and conditions of this Agreement. By accessing or using the App/Website, You also agree to be responsible for and to abide by all applicable local, state, national, and international laws, regulations, rules, and guidelines with respect to your use of the App/Website. In addition, You agree to assume all responsibility for your use, and the results of your use, of the App/Website, including meeting any requirements of your contracts with third parties or other persons.

Proprietary Rights

The contents of the App/Website — including all software, design, text, graphics, images, photographs, illustrations, audio and video material, artwork, databases, user interfaces, visual interfaces, sounds, computer code (including HTML code), products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the App/Website (collectively, “Material”) — unless otherwise indicated, are owned, controlled, and licensed by Resto-Rat, LLC. or its licensors. Any rights granted hereby are expressly licensed. Resto-Rat, LLC. does not grant any implied right to You or any other person and does not transfer or assign any ownership or intellectual-property interest or title in or to the App/Website (or any part thereof). Accordingly, your unauthorized use of the App/Website (including any Material) may violate intellectual-property or other proprietary-rights laws as well as other laws, regulations, and statutes. The App/Website and Material is Copyright ©2015 Resto-Rat, LLC. and/or its licensors. You must not alter, delete or conceal any copyright or other notices contained on the App/Website or Material. You shall not, nor will You allow any third party to, reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material without the express prior written consent of Resto-Rat, LLC. or its owner. Resto-Rat, LLC. and all other names, logos, and icons identifying Resto-Rat, LLC. and its products and services are proprietary trademarks of Resto-Rat, LLC. (or its affiliates), and any use of such marks without express written permission is strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.

Links to Other Sites

Resto-Rat, LLC. may provide links, in its sole discretion, to other sites from which You can purchase goods or services from third-party merchants. Resto-Rat, LLC. is not a seller or owner of any goods or services advertised, featured, or otherwise mentioned on these sites. These sites have not necessarily been reviewed by Resto-Rat, LLC. and are maintained by third parties over which Resto-Rat, LLC. exercises no control. Resto-Rat, LLC. expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third-party App/Websites. These links do not imply an endorsement. Your transactions and other dealings with third-party merchants or advertisers found on or through the App/Website are solely between You and such merchant or advertiser.

Offers and Promotions

Resto-Rat, LLC. distributes third-party product information and promotional offers to our users. We are not responsible for errors, omissions, or the expiration dates of any promotional offer. It is Your responsibility to ensure that a discount, free offer or other promotional offer is present during the checkout process at the selected merchant App/Website. All featured offers and promotions are subject to change without notice, and Resto-Rat, LLC. does not exercise any control over the ability of any merchant to complete the sale.

Product Display and Colors

Resto-Rat, LLC. does not guarantee that the color of the product images on the App/Website matches the actual color of the products. The appearance of colors may be influenced by the monitor You use to view the App/Website.

Mobile Services

The App/Website includes certain services available to You via your mobile device if You have subscribed to them (collectively, “Mobile Services”). Although Resto-Rat, LLC. does not charge You for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply. Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. You are responsible for checking with your carrier regarding availability, restrictions, and cost. By using the Mobile Services, You agree that Resto-Rat, LLC. may communicate with You by SMS, MMS, or other electronic means, and that certain usage information may be communicated to Resto-Rat, LLC. If You change or deactivate your mobile number, You agree to promptly update your subscription account information.

Feedback

Resto-Rat, LLC. welcomes your feedback and suggestions. By transmitting any feedback, You represent and warrant that it does not infringe the intellectual-property or proprietary rights of any third party and that You have all rights necessary to convey it. Any feedback received will be deemed to include from You a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Resto-Rat, LLC. to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, and display the feedback worldwide, without additional approval or consideration, and You waive any claim to the contrary.

Representations and Warranties

You represent and warrant that (i) You are at least the legal age of majority; (ii) You are authorized to enter into this Agreement; (iii) You will access and view the App/Website and Materials for your personal, non-commercial use only; (iv) You will not use the App/Website or Materials for any purpose that violates any law or that infringes the rights of Resto-Rat, LLC. or any third party; (v) any information or data You provide will not violate any law or infringe any rights; (vi) all information You provide is true and accurate; and (vii) You are authorized and able to fulfill the obligations of a user as specified herein.

Warranty Disclaimers

THE APP/WEBSITE AND MATERIALS ARE PROVIDED “AS-IS.” RESTO-RAT, LLC. DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE APP/WEBSITE OR MATERIALS IN TERMS OF AVAILABILITY, ACCURACY, RELIABILITY, CURRENTNESS, COMPLETENESS, FUNCTIONALITY, INTENDED PURPOSE, OR OTHERWISE. Resto-Rat, LLC. DOES NOT REPRESENT OR WARRANT THAT THE APP/WEBSITE OR MATERIALS WILL OPERATE ERROR-FREE OR UNINTERRUPTED. THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE IS WITH YOU. THE APP/WEBSITE, MATERIALS AND ANY ASSOCIATED INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND RESTO-RAT, LLC. DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

You acknowledge and agree that Resto-Rat, LLC. shall not be liable or responsible for any claim, damage, or loss resulting from a cause beyond Resto-Rat, LLC.’s control, including but not limited to offers or promotions made available on the App/Website, failure of electronic or mechanical equipment or communication lines, telephone or connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or labor problems, wars, governmental restrictions, or any claim arising out of transactions or interactions between You, third-party merchants or anyone else. IN NO EVENT SHALL RESTO-RAT, LLC. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR LOST DATA, ARISING OUT OF OR CONNECTED WITH YOUR USE OF THE APP/WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF RESTO-RAT, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF RESTO-RAT, LLC. FOR ANY REASON WHATSOEVER RELATED TO USE OF THE APP/WEBSITE SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00 USD).

Governing Law

This Agreement has been made in and will be construed and enforced solely in accordance with the laws of the State of Texas, U.S.A., as applied to agreements entered into and completely performed in the State of Texas. The state or local courts in the State of Texas will have exclusive jurisdiction and venue over all controversies in connection with this Agreement, and You hereby consent to such exclusive and personal jurisdiction and venue. Any claim You might have against Resto-Rat, LLC. must be brought within two (2) years after the cause of action arises, or such claim is barred. You agree to waive any right to a jury trial in connection with any action arising out of or related to this Agreement, and that each party has the right to seek attorneys’ fees in any proceeding. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings.

Enforcement

Resto-Rat, LLC. wishes to maintain the App/Website as a helpful resource for all of its users. You have no reasonable expectation of privacy while using the App/Website because Resto-Rat, LLC. reserves the right to view, monitor, and/or record activity on the App/Website (in accordance with applicable law) and to comply with government or court-appointed authorities when necessary. Actual or attempted unauthorized use of the App/Website may result in criminal and/or civil prosecution, including punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. You shall not, nor permit any third party to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure established by Resto-Rat, LLC. You acknowledge that any breach of this Agreement may cause irreparable injury to Resto-Rat, LLC. and/or its licensors for which there is no adequate remedy at law, and that Resto-Rat, LLC. shall be entitled to seek injunctive or other equitable relief.

Privacy

We respect your privacy and the use and protection of your personally identifiable information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the App/Website.

Termination

Resto-Rat, LLC. reserves the right at any time and on reasonable grounds — including any reasonable belief of fraud, illegal activity, or actions that violate this Agreement — to terminate this Agreement with You (including any registered account) in order to protect its name, business, or goodwill and/or any other user. Resto-Rat, LLC. shall have the sole right to determine in its reasonable discretion whether You are engaging in any unauthorized activity. Resto-Rat, LLC. shall not be responsible for any damages or loss as a result of any termination in accordance with this section. You may also terminate at any time by ceasing to use the App/Website. All applicable provisions of this Agreement will survive termination. Any licenses and any right to use the App/Website shall immediately cease upon termination.

Miscellaneous

The relationship between You and Resto-Rat, LLC. is that of independent contractors, and nothing in this Agreement shall be construed to create any relationship of partners, joint venturers, or employer and employee. You may not assign or transfer this Agreement or the license granted hereunder without Resto-Rat, LLC.’s prior written consent; any attempt to do so is void. Resto-Rat, LLC. may assign this Agreement in whole or in part, and may use contractors or agents to fulfill its obligations. Failure by Resto-Rat, LLC. to insist on strict performance will not operate as a waiver. If any provision is found invalid or unenforceable, the remaining provisions remain in effect, and the provision in question shall be deemed replaced with a valid and enforceable provision most closely reflecting the original intent. Headings are for convenience only. This Agreement and Resto-Rat, LLC.’s Privacy Policy, incorporated by reference, represent the entire agreement between You and Resto-Rat, LLC. with respect to the subject matter herein, and supersede all prior communications and proposals. Resto-Rat, LLC. reserves the right to change the terms of this Agreement by providing You revised terms (or notice thereof), and has the exclusive right to provide updates and changes to any aspect of the App/Website at any time. Your continued use following any change will be deemed acceptance.