“You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses, browses, crawls, scrapes, posts to or in any way uses the Services. “We,” “us,” and “our” refer to mobiTeris. 3rd party refers to point-of-sale developers, app markets and other partners with whom we may collaborate to distribute our Services,
means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Services, such as information about yourself, reviews, messages, comments, photos and any other information that you transmit, display or displayed. “BuyFi Content” means Content that we create and make available in connection with the Services. “Services Content” means all of the Content that is made available in connection with the Services, including Your Content and BuyFi Content.
2. Using the Services
a. Permission to use Services.
WWe grant you a limited, nonexclusive, nontransferable, revocable license to use the Services (which may be revoked at any time for any reason or no reason) subject to the restrictions in these Terms. We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. No other use is permitted. You may not, for example, access or use the Services if you are a competitor of ours or if we have previously prohibited your use of Services. You may not use the Services to incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from BuyFi, except as specifically noted above. Except as specifically authorized by us, you may not deep-link to BuyFi for any purpose or access the BuyFi manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any information, content, or material available through BuyFi. We reserve all statutory and common law rights against any person or entity that violates this paragraph. You may not link or frame to BuyFi or any content contained therein, whether in whole or in part, without prior written consent from BuyFi. You may become a "fan" of BuyFi or share links to BuyFi via social networking tools available on BuyFi. Any rights not expressly granted herein are reserved. Your use of the Services is at your own risk.
b. Services Availability.
The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
c. Communications from BuyFi and other Users.
By using the Services, you agree to receive communications in connection with the Services, from BuyFi, its customers or third parties, which may include Services related communication, as well as offers and advertisements.
d. User Accounts.
e. User Conduct.
You agree that your use of BuyFi is subject to all applicable local, state and federal laws and regulations, whether existing or enacted in the future. You also agree:
o - to comply with US law and local laws or rules regarding online conduct and acceptable material;
o - not to use BuyFi or submit content to the BuyFi if you are under the age of 13;
o - not to access BuyFi using a third-party's account/registration without the express consent of the account holder;
o - not to use the BuyFi for illegal purposes;
o - not to commit any acts of infringement using BuyFi or with respect to content available through BuyFi;
o - not to use BuyFi to engage in commercial activities apart from sanctioned use of BuyFi services;
o - not to copy any content, including, but not limited to promotional offer content and third-party reviews, for republication in print or on-line;
o - not to create reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of BuyFi;
o - not to attempt to gain unauthorized access to other computer systems from or through BuyFi;
o - not to interfere with another person's use and enjoyment of BuyFi or another entity's use and enjoyment of BuyFi;
o - not to upload or transmit viruses or other harmful, disruptive or destructive files;
o - reverse engineer, disassemble or decompile any portion of BuyFi;
o - use BuyFi in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person; and/or
o - not to disrupt, interfere with, or otherwise harm or violate the security of BuyFi, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our restaurant partners).
f. Harm from Commercial Use.
You agree that the consequences of commercial use or re-publication of content or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that mobiTeris will be entitled to temporary and permanent injunctive relief to prohibit such use.
4. Recurring Subscription
You may access Services through 3rd party websites and point-of-sale app markets as a recurring subscription service. You acknowledge the following:
Reasonable efforts shall be made to provide advance notice to current subscribers of our apps before we cease making services available through our point-of-sale applications, take down an app or remove it from current distribution due to: (i) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party, (ii) an allegation or actual defamation, (iii) an allegation or determination that our app does not comply with applicable law, (iv) ceasing to do business, or (v) filing a petition in bankruptcy, dissolving or otherwise failing or unable to pay our debts as they become due.
Our app may be removed at any time from 3rd party websites and app markets if it is determined that our app: (i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party; (ii) violates any applicable law, regulation, card association rule, or is subject to an injunction; (iii) violates the 3rd party App Market Developer Program Policies; (iv) is being distributed in a manner that is in breach of the 3rd party App Market Developer Terms; (v) may create liability for 3rd parties; or (vi) may contain a virus, malware or spyware, or may have an adverse impact on 3rd party systems.
You may cancel your subscription to BuyFi Services at any time before the end of a billing cycle, and upon cancellation, you will: (i) not receive a refund for the applicable billing period during which you cancels subscription to our Service, and (ii) continue to be able to access your subscription and receive issues and updates of the relevant subscription until the subscription termination date.
3rd parties acting on our behalf, may refund the full purchase or subscription price of an app to you if: (i) our app does not function properly; or (ii) you request a refund from the 3rd party within a reasonable time period.
3rd parties and their affiliates do not have any responsibility or liability to you in any way with respect to the your use of our Services
4. Termination and Modifications to BuyFi
We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice content or services offered on or through BuyFi (or any part thereof), including but not limited to the BuyFi' features, look and feel, and functional elements and related services.
6. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE BUYFI (WHETHER PROVIDED BY BUYFI, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), INCLUDING WITHOUT LIMITATION, FOOD/BEVERAGE ORDERS, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, AND LINKS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUYFI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. Limitation of Liability
8. Your account, password, and security
As a courtesy to you, BuyFi may offer links to other websites. Some of these websites may be affiliated with BuyFi while others are not. We are not responsible for the contents of any website pages created and maintained by organizations independent of us. Visiting any such third-party website pages is at your own risk. We have no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by BuyFi. By using BuyFi you acknowledge that we are not responsible for the availability of, or the content located on or through any third-party website pages.
BuyFi® and BuyFi.com are federally registered trademarks of mobiTeris. Such trademarks and other marks, logos, and names of BuyFi, used on or in connection with the BuyFi may not be used in connection with any product or service that is not under mobiTeris’ ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BuyFi. All other trademarks not owned by us (or our affiliates) that can be viewed when using BuyFi are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by mobiTeris or its affiliates.
12. Jurisdiction, Applicable Law, and Limitations
e. Contact BuyFi. For purposes of providing notice of cancellation or termination, contact us at email@example.com or BuyFi at mobiTeris, Inc., Box 606, 405 El Camino Real, Menlo Park, CA 94025.