User's Agreement for Ordello LLC, Online Menu Ordering Systems

Ordello's User Agreement

Ordello's service is provided to you under the terms and conditions of this User Agreement.

Ordello reserves the right to change or modify any or all parts of the user agreement at any time. You will receive notice of such changes by email at least 30 days prior to implementing changes to this user agreement.

By accepting the terms and conditions of the user agreement you represent and warrant that you are 18 years old or older; agree to provide true, accurate, current and complete information about you as prompted by the account registration form; and agree to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Ordello has the right to terminate your account and refuse any and all current or future use of the service.

By completing the account registration process and clicking the "I have read and understand Ordello's User Agreement" checkbox, you agree to be bound by the User Agreement. If these terms and conditions or any future changes are unacceptable to you, you may cancel your account at anytime.

Ordello hosts interactive online menu ecommerce websites on the World Wide Web and may provide you with access to its Ordello menu ecommerce software to facilitate the creation and maintenance of your ecommerce website for the sale of goods or services, including meal items.

You acknowledge and agree that you will be responsible for all goods, services, and meal items offered at your website, all materials used or displayed at the website, and all acts or omissions that occur at the website or in connection with your account or password.

You agree to display in the website your contact information, including but not limited to your company name, physical address, and e-mail address. You also agree to update such information to keep the information accurate and current.

You represent and warrant that you have full power and authority under all relevant laws and regulations:

  • -To offer and sell the goods, services, and meal items offered at your website, including but not limited to holding all necessary licenses from all necessary jurisdictions to engage in the advertising and sale of the goods, services, and meal items offered at the website.
  • -To copy and display the materials used or displayed at the website.

You represent and warrant that you will not engage in any activities:

  • -That constitutes or encourages a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws.
  • -That defames, impersonates or invades the privacy of any third party or entity.
  • -That infringes upon the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others.
  • -That are in any way connected with the transmission of "junk email," "spam," or unsolicited mass distribution of e-mail, or any unethical marketing practices.

Ordello reserves the right to refuse to host or continue to host any website which it believes, in its sole discretion violates the letter or spirit of this user agreement.

Ordello hereby grants you a non-exclusive, non-transferable license to use the software on the server controlled by Ordello for the sole purpose of maintaining a website. You are not being granted any right to copy the software or to use it on computers other than a server controlled by Ordello. You acknowledge and agree that the software is intended for access and use by means of web browsing software, and that Ordello does not commit to support any particular browsing platform. Ordello reserves the right at any time to revise and modify the software, release subsequent versions and to alter features, specifications, capabilities, functions, and other characteristics of the software.

You agree that by using the service, you grant Ordello, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights and other intellectual property rights, if any, in all material and content displayed in your website. You grant Ordello the right to maintain such content on Ordello's servers during the term of the user agreement.

You shall not attempt to gain unauthorized access to any servers controlled by Ordello.

You shall pay Ordello a fee as set forth in the Ordello fee schedule. All such fees are payable in U.S. dollars to Ordello and shall be charged monthly on the date you registered or the last date of that month if your date is not in the month. For example, if you registered on the 31st of a month and the month where fees come due only has 30 days, your fee is due and charged on the 30th of the month those fees are due. Ordello may upon 30 days prior notice to you alter its fee schedules and terms of this user agreement.

Ordello's fees are charged at the beginning of each service month. Should any additional charges beyond the monthly service fee accrue during the current month, Ordello shall add that to the next monthly service fee payment date. Once a fee is charged, should you choose to cancel your service with Ordello, the service will end at the end of the paid servie month. As such, Ordello has a no refund policy. Any request for a refund is looked at on a case by case basis.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password.

The term of the user agreement shall commence on the date that you open an account for your website. The term shall automatically renew for successive periods, unless notice of non-renewal is provided. To qualify for each renewal you must at the time of renewal be in compliance with the terms and conditions of the user agreement and have your fees paid in full. Ordello shall have the right, but not the obligation, to review any website for compliance with the user agreement as part of the renewal process.

Either party, in its sole and absolute discretion, may give notice of nonrenewal with or without cause and without stating any reason. Any notice of nonrenewal must be given at least thirty (30) days prior to the end of the term.

Either party may terminate the user agreement if the other party has materially breached or is otherwise not in compliance with any provision of the user agreement. Ordello reserves the right to immediately suspend any customer access to their website until noncompliance is cured.

Notwithstanding the foregoing, Ordello may, but has no duty to, immediately terminate your account and remove your website from Ordello's servers if Ordello, in its sole discretion, concludes that you are engaged in illegal activities or the sale of illegal or harmful goods or services, or are engaged in activities or sales that may damage the rights of Ordello or others.

Upon termination, Ordello reserves the right to delete from its servers any and all information contained in your account, including but not limited to order processing information, mailing lists, and any web pages generated by the software.

You agree that Ordello may disclose your information in the good faith belief that such action is reasonably necessary: to comply with the law or to comply with legal processes.

You agree that Ordello may delete customer credit card information from Ordello's servers 15 days after the information is entered through ordering processes at your website.

You shall receive a password from Ordello to provide access to and use of the software and online website services. You are entirely responsible for any and all activities that occur under your account and password. You agree to keep the password confidential, to allow no other person or company to use your account, and to notify Ordello promptly if you have any reason to believe that the security of the account has been compromised.

You acknowledge and agree that technical processing of your information is and may be required for the service to function. You also acknowledge and agree that Ordello may access your account and its contents as necessary to identify or resolve technical problems or respond to problems with the service.

You agree to post a privacy policy on your website that, at a minimum, discloses any and all uses of personal information collected from users by you. A hyperlink to your privacy policy will be posted on all pages of your website. You agree to use personal information only as expressly permitted by your privacy policy. (Ordello will provide a sample privacy policy for your use and Ordello will place the hyperlink on the pages for you).

You can obtain assistance with any technical difficulty that may arise in connection with your utilization of the software or online website services by requesting assistance by email at [email protected].

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for your access to and use of your online website.

You agree to indemnify and hold harmless Ordello, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of the service, the goods or services offered at your website, any alleged violation of the user agreement, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your website.

The service and software are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of your ability, fitness for a particular purpose or non-infringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the online website services will be uninterrupted, timely or error-free or that the software will provide uninterrupted, timely or error free service. Ordello and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Ordello is aware of the risk of such damages, that result in any way from your use or inability to use the online website services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the online website or the software. Ordello liability to you shall not, for any reason, exceed the aggregate payments actually made by you to Ordello. Some jurisdictions do not allow the exclusion of certain warranties or liabilities, so some of the above exclusions may not apply to you.

You agree not to resell or assign or otherwise transfer your rights or obligations under the user agreement without the express written authorization of Ordello.

Neither party shall be liable to the other for any delay or failure in performance under the user agreement resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

Any notices or communications under the user agreement shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the addresses specified below. If to Ordello, such notices shall be addressed to [email protected]

Ordello LLC
2892 Gladwood Drive
St. Louis, MO 63125

Communications to you will be addressed to the electronic mailing address specified when you opened an account with Ordello.

A party shall not be liable for any failure of or delay in the performance of this user agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

The user agreement constitutes the entire agreement between the parties and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.

The user agreement and the relationship between you and Ordello shall be governed by the laws of the state of Missouri without regard to its conflict of law provisions. Ordello's failure to exercise or enforce any right or provision of the user agreement shall not constitute a waiver of such right or provision. If any provision of the user agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and agree that the other provisions of the user agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the user agreement must be filed within one year after such claim or cause of action arose, or be forever barred.