These Terms of Use Agreement set forth the standards of use of our service. By using our web site, you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on our site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

We provide delivery and catering services to you from contracted restaurants and other vendors. You must provide all equipment necessary for your own Internet connection, including computer and modem and provide for your access to the Internet, and pay any fees related with such connection.

Disclaimer of Warranties

The site is designed by RDS Control Systems, Inc. and provided by us on an “as is ”and on an “as available ”basis. To the fullest extent permitted by applicable law, neither RDS Control Systems, Ind. nor we make any representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Neither RDS Control Systems, Inc. nor we shall have any liability for any interruptions in the use of this Website. Both RDS Control Systems, Inc. and we disclaim all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

NEITHER RDS CONTROL SYSTEMS, INC. NOR WE SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

Indemnification

You agree to indemnify and hold RDS Control Systems, Inc. and us, our parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of your use of the service, the violation of this Agreement, or infringement by you, or other user of the Service using your computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service. You use of the site acknowledges and accept that we do not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-party sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While we make every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Restaurant Prices are subject to change without notice. We make no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.

Governing Jurisdiction of the Courts

Our website is operated and provided in the State in which we are located. Our address can be found by clicking here . As such, we are subject to the laws of our State, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of our State.

Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright by us, with all rights reserved, or is the property of us and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of our company is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of our company. Portions of our site were designed by and are copyrighted by RDS Control Systems, Inc., and all rights to those portions are reserved to RDS Control Systems, Inc. Any of our proprietary marks or trademarks may not be used in connection with any product or service that is not provided by us in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks displayed on our site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with us.

Botnets

We retain the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, We reserve the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation. You agree that by accepting this Terms of Use Agreement, you are consenting to the use and disclosure of your personally identifiable information and other practices described in our Privacy Policy Statement.

Security Policy

Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.

ALL SALES FINAL.
Because each restaurant meal is individually prepared for you when you place an order, orders cannot be cancelled once they are placed.

We value the relationship we have with our customers and are committed to responsible information-handling practices. We take great care in safeguarding your personal information and in complying with all applicable federal and state privacy laws and our own internal standards and best practices. We follow these privacy principles both online and offline in the collection, use, security and sharing of customer information:

Information Collected by Us

As part of your interaction with us, we may collect personal information such as Contact information (including name, mailing address, phone number and e-mail address) and Purchase information (including credit card number, billing and delivery information). We may also collect demographic information, including age, personal interests and product preferences. While shopping or taking advantage of services available from us, we may ask that you provide personal information. For example, we may request personal information when you: Purchase products or services, Set up an account online, Schedule a delivery, Join our Reward program, Participate in a promotion or survey, Contact us with a question or concern, and/or Participate in other activities with us.

Uses of Your Personal Information

We use the personal information you provide for purposes including, but not limited to, Fulfilling requests for products, services or information, Tracking and confirming online orders, delivering meals and other products, managing our reward program, providing customer services, administering promotions or surveys, offering new products and services, improving the effectiveness of our web site, our marketing endeavors and our services and offers, conducting research and analysis, sending marketing communications, and performing other business activities as needed.

Personal Information Provided to Us by Third Parties

If you provide us information about others, or if others give us your information, or if we obtain that information from other third party providers, we will only use that information for activities listed above.

Sharing of Personal Information

We do not sell or rent your personal information to third parties. We may share customer information with certain third parties such as our agents, service providers, and other representatives acting on our behalf for limited purposes. For example, we may share personal information with third parties to perform services on our behalf such as: fulfilling your orders, sending our marketing communications, delivering meals, scheduling deliveries, maintaining our reward program, conducting research, analysis or administering surveys, sending regular mail and e-mail on our behalf, processing credit card payments.

The third parties with whom we conduct business are authorized to use your information only to perform the service for which they are hired. They are required to abide by the terms of our Privacy Policy including taking reasonable measures to ensure your personal information is secure.

We may also share aggregated data with third parties for analysis and research purposes. This data does not contain name, address or other personally identifiable information.

From time to time, we may be required to share personal information in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may share certain personal information when we believe that such release is reasonably necessary to protect the rights, property and safety of others and ourselves. We may also transfer personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.

Choices Regarding Your Personal Information

Once you provide your personal information, we may use it to send you offers, promotions and other marketing and customer experience content.

If you no longer wish to receive these communications, let us know by writing to us. Click here for our mailing address. Please be sure to include your full name, address, phone number and e-mail address, as well as the specific changes you would like to make. This will ensure we correctly identify you in our systems and accurately process your request.

We will take the appropriate steps to modify your preferences with respect to our marketing communications. Due to production, mailing and system timelines, it may take up to 90 days to process your request. Until your requested change takes effect, you may still receive marketing communications from us. Although you may have opted not to receive marketing communications, you may still receive business-related communications such as order confirmations, product recall notices, reward membership information or other organization-related communications.

Security of Your Personal Information

Whether you are shopping online or by telephone, we use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. We cannot ensure or warrant the security of any information you transmit to us by e-mail, and you do so at your own risk.

We use a variety of information security measures to protect your online transactions with us. Our Web site uses encryption technology, such as Secure Sockets Layer (SSL), to protect your personal information during data transport. SSL protects information you submit via our web site such as ordering information including your name, address and credit card number. When you create an account on our system you are required to establish a password. To maximize your level of protection, you should choose at least 6-30 characters, using a combination of both letters and numbers. You are solely responsible for maintaining the secrecy of your password and account information.

Cookies, Clickstream Technology and Third-Party Ad Providers

A cookie is a small data file that a web site or an e-mail may save to your browser, which may then be stored on your hard drive. Our web site and e-mails use cookies to create a more personalized shopping experience for visitors to our site. Cookies simulate a continuous connection - they let us "remember" information about your preferences and session, and allow you to move within areas of our web site without reintroducing yourself.

We may use a third party to place cookies on your computer to collect non-personally identifiable information. Although our cookies may contain a unique user ID, they do not collect or store any personally identifiable information. However, you do have the option of saving your Login ID in the cookie so it is easy to remember next time; this option will be found under My Account.

You may choose to set your web browser to not accept cookies. However, without enabling your cookies, you will not be able to view, create an account, or make purchases on our site.

Our web server automatically collects clickstream information such as the address (or URL) of the Web site that you came from before visiting our site, which pages you visit on our site, which browser you used to view our site and any search terms you may have entered on our site, among other things.

Our web site may also use other technologies to track which pages our visitors view. This anonymous clickstream data provides our customers with a better shopping experience and helps us understand how visitors use our Web site.

Third Party Ad Providers

Our web site may use third party service providers to serve ads across the Internet and to analyze Web site traffic on our behalf. They may collect anonymous information about your visits to our Web site and your interaction with our ads. These companies may use technologies similar to those outlined above to measure the effectiveness of ads and e-mails. They may also use information about your visits to our Web site so that we can provide advertisements about goods and services.

No personally identifiable information is collected in this process. We may share anonymous information with this service provider in an aggregate form, for purposes of analysis and improvement of our site.

Changes to Our Privacy Policy

As we continues to improve the services, products and the features we provide, this policy is subject to change. If there are changes or additions to this Privacy Policy, we will post those changes here or in other formats for you to review. If we change our information practices or this Privacy Policy in such a way that your personal information may be used or shared in a manner not described in the Privacy Policy at the time you provided it, we will give you the opportunity to opt-out of having your information used or shared in that new manner.