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Terms of Use

1. USING EPIPAY.COM

These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”) and United POS Solutions, Inc. (“UP Solution,” “we,” “us,” “our”), regarding your use of this web site (epipay.com), the related mobile sites and mobile application(s), and selected other domains (collectively, the “epipayWeb sites”). If you do not agree to all the Terms of Use, do not use the epipay Web sites. You may only use the epipay Web sites to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the epipay Web sites if you are under the age of 13.

Use of the epipay Web sites requires that you register or create an account (“Account”) or use the epipay Web sites as a guest. To register and create an Account, you must select an account designation and password. You are responsible for maintaining the confidentiality and security of your Account and password. You are fully responsible for all activities that occur under your password or Account. Also, you are fully responsible for any other actions taken in connection with the Account or password.

You agree to (a) immediately notify UP Solution of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. UP Solution will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account or password.

When you register and create an Account, you must also provide certain personal information. In consideration of the use of the epipay Web sites’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UP Solution has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UP Solution has the right to refuse any and all current or future use of the epipay Web sites (or any portion thereof).

You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein and we have no obligation to notify you directly but will instead post any such updates and amendments to this web page.

2. AGREEMENT TO TERMS OF USE

By using the epipayWeb sites, you agree to these Terms of Use as amended by us from time to time. Furthermore, when you access the epipayWeb sites, you specifically acknowledge your agreement with the most current version of these Terms of Use.

By accessing the epipay Web sites, you agree:
  • not to access the epipay Web sites or services of the epipay Web sites using a third-party's account or registration without the account holder’s consent;
  • to comply with all applicable regulations, laws, statutes and ordinances regarding acceptable material and online conduct;
  • if you are under the age of 21, not to use the epipay Web sites to purchase alcohol (if you and the alcohol recipient are 21 or older, you will need to present a valid photo identification(s) verifying your age at the time of alcohol delivery);
  • not to use the epipay Web sites for illegal purposes, or as prohibited by these Terms of Use;
  • not to deep-link to the epipay Web sites or access the epipay Web sites manually or with any web crawler, extraction software, spider, robot, automated process or device to scrape, copy or monitor any portion of the epipay Web sites or any Content on the epipay Web sites;
  • not to disrupt, interfere with, or otherwise harm or violate the security of the epipay Web sites, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the epipay Web sites or affiliated or linked sites (including those of our restaurant partners)
  • if you are under the age of 13, not to use the epipay Web sites or services of the epipay Web sites or submit content to the epipay Web sites;
  • not to use the epipay Web sites in any manner that could disable, damage, impair or overburden any UP Solution server, or the network connected to any UP Solution server, or interfere with any other party’s use of the epipay Web sites;
  • not to gain or attempt to gain, through any manner or means, unauthorized access to any part of the epipay Web sites or any service, other account, computer system or network connected to any UP Solution server;
  • not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for any purpose including but not limited to republication in print or online;
  • not to use the epipay Web sites to engage in activities, including but not limited to commercial activities, apart from the permitted use of UP Solution services;
  • not to sell, license, or otherwise provide access to or use of the epipay Web sites to any third party;
  • not to spread, transmit or upload viruses or any other disruptive, destructive or harmful files; and not to post restaurant reviews in any manner for commercial or other purpose or with any intent that does not comport, in good faith, with the purpose/spirit of the epipay Web sites.

In the event you do not use the epipay Web sites solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use which may result in consequences that are so serious and incalculable that monetary compensation may not be a sufficient remedy, UP Solution will be entitled to temporary and permanent injunctive relief to prohibit your such use.

3. CHANGE TO TERMS OF USE

We reserve the right, at our discretion, to change, modify, add, or remove any portion or all of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the epipayWeb sites after the posting of changes to these Terms of Use will mean you agree to those changes. Any amendment to these Terms of Use by you must be agreed to by us in writing.

4. OWNERSHIP OF CONTENT

The epipayWeb sites and the content accessible through the epipayWeb sites including but not limited to any content or everything on the epipay Web sites, from text to photos to videos to graphics and software, and all intellectual property rights included in or associated with the epipayWeb sites, including but not limited to patents, copyrights, trademarks and service marks, including without limitation UP Solution (collectively, “Content”), are owned by or licensed to us, and all right, title and interest in and to the epipayWeb sites and Content remains with UP Solution. Except as may occur when material is downloaded to your computer and your mobile phone or any other device in the ordinary course of accessing the epipayWeb sites, material from the epipayWeb sites may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights (including any trademarks or service marks) related to such content belong to the respective third parties. In all events, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the epipay Web sites or in the Content.

You may use the epipay Web sites solely as expressly permitted by these Terms of Use and subject to all the terms and conditions of these Terms of Use, all applicable intellectual property laws, and any additional notices or restrictions contained on the epipay Web sites. Any other use of the epipay Web sites or the Content is strictly prohibited. No Content may be posted, transmitted, copied, uploaded, distributed or republished in any way without our prior written permission. No Content may be modified without our prior written permission. Nothing contained on the epipay Web sites should be interpreted to grant you any license or right to use any of the Content or third party proprietary content on the epipay Web sites without the prior written permission of UP Solution or the appropriate third party owner, as applicable.

You shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any software or file downloaded from the epipay Web sites to a human-perceivable form.

Any content you provide such as user ratings and reviews, UP Solution reserves the right, in its sole discretion, to suspend, modify, or discontinue the epipay Web sites or services offered on or through the epipay Web sites (or any part thereof) at any time, with or without notice, including but not limited to the epipay Web sites’ features, look and feel, and functional elements and related services.

5. CONTENT PROVIDED BY YOU AND USE OF YOUR CONTENT

You represent and warrant that you are the owner of or otherwise have the right to provide all information, comments, ratings, reviews or other materials or content that you submit, post or otherwise transmit to the epipay Web sites (“User Content”).

You will grant and hereby grant to UP Solution an irrevocable, paid up, transferable, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to copy, display, modify, publicly perform, publish, remove, use, translate, create derivative works from, distribute or otherwise use User Content on the epipay Web sites and in all forms of media now known or hereafter invented (collectively, the “User Content Uses”), without notification to or approval by you. You further grant UP Solution a license to use your information including without limitation your username or other user profile information, your ratings history and any other information, to attribute User Content to you in connection with the User Content Uses, again without notification to or approval by you.

User Content transmitted to certain parts of the epipay Web sites, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our epipay Web sites. UP Solution and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.

By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the epipay Web sites.

Disruptive communication is discouraged and civility is encouraged on the epipay Web sites. You are responsible for all User Content. You agree not to provide any User Content that:
  • is false or misleading;
  • is not written in good faith;
  • has a commercial purpose;
  • is abusive or unlawful;
  • is invasive of another’s privacy;
  • is vulgar, obscene, offensive, profane, defamatory, hateful or ethically, racially or otherwise objectionable;
  • has a political purpose;
  • is illegal;
  • is harmful to adults or minors, threatening, harassing, or tortuous;
  • has a religious purpose;
  • promotes illegal activity;
  • interrupts, destroys or limits, or is intended to interrupt, destroy or limit any computer software, hardware or Content on the epipay Web sites or other websites;
  • interrupts, destroys or limits, or is intended to interrupt, destroy or limit the functionality or integrity of the epipay Web sites or other websites;
  • infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person or entity; or
  • contains unauthorized advertising or solicits users to a business other than those on the epipay Web sites.

UP Solution may monitor any and all use of the epipay Web sites. We reserve the right to change, delete or remove, in part or in full, any User Content or suspend access to any Content or interactive areas which include features such as user ratings and reviews, saved favorites, and bookmarked restaurants for any reason or no reason at all.

The epipay Web sites may allow you to rate and post reviews of restaurants and other businesses. Such ratings and reviews are considered User Content and are governed by these Terms of Use. The ratings and reviews do not reflect the views of the epipay Web sites or UP Solution. All ratings and reviews must be legitimate. Any rating or review that we determine, in our sole discretion, to be disingenuous in any way, or could otherwise diminish the integrity of the ratings and reviews, may be removed without notice.

6. DISCLAIMER OF WARRANTIES

BY USING THE EPIPAY WEB SITES, YOU AGREE THAT YOU RECEIVE THE EPIPAY WEB SITES AT YOUR OWN RISK. THE EPIPAY WEB SITES ARE PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE EPIPAY WEB SITES OR AGAINST INFRINGEMENT. We do not guarantee uninterrupted or secure access to the epipayWeb sites, that defects will be corrected, or that the epipayWeb sites or the servers that make it available are free of viruses or other harmful components. UP Solution does not warrant or make any representations regarding the use or the results of the use of the epipay Web sites, any Content in terms of accuracy, completeness, correctness, currentness, reliability, timeliness, or otherwise, including without limitation, the quality or timing of a delivery ordered on the epipay Web sites. You solely assume the entire cost of all necessary repair, servicing, or correction relating to your use of the epipay Web sites, or any Content on the epipay Web sites.

7. LIMITATION OF LIABILITY

We are a service provider; we are not responsible for any loss or injury whatsoever due to the use of the epipayWeb sites, the Content or other information published through the epipayWeb sites. The epipayWeb sites may be unavailable due to maintenance or other reasons and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the epipay Web sites. The limitations of liability contained in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective shareholders, officers, directors, employees, attorneys and agents.

IN NO EVENT SHALL UP SOLUTION BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE EPIPAY WEB SITE. UP SOLUTION ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE EPIPAY WEB SITE. UP SOLUTION ASSUMES NO RESPONSIBILITY OF LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE OR THROUGH THE EPIPAY WEB SITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS SITE, FOR ANY DEFAMATION, ERROR, LIBEL, OMISSION, SLANDER, OBSCENITY, FALSEHOOD, PROFANITY, DANGER, PORNOGRAPHY, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT OR THESE TERMS OF USE EXCEED $100.00

Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.

You and UP Solution agree that the warranty disclaimers and limitations of liability in these Terms of Use are bargained-for, material bases of this agreement or these Terms of Use, and that they have been taken into account in determining the consideration to be given by each party under this agreement and in the decision by each party to enter into this agreement. You and UP Solution agree that the warranty disclaimers and limitations of liability in these Terms of Use are fair and reasonable. You acknowledge that your sole and exclusive remedy is to discontinue using the epipay Web site, except as otherwise set forth in this Section if you are dissatisfied with the epipayWeb site or do not agree to any provisions of these Terms of Use.

8. ALCOHOLIC BEVERAGES POLICY

Some jurisdictions may permit the delivery and ordering of alcoholic beverages. If you place an order which includes any alcoholic beverage in such jurisdictions, you acknowledge that you are at least 21 years of age. As applicable, you shall present a government-issued identification card, evidencing your age upon delivery or pickup. You agree that the alcoholic beverage(s) will not be released to you, if you do not comply with these terms, and you shall forfeit the cost of such beverages, without exception.

9. TEXT ALERTS

You may receive text message alerts about each order placed on epipay.com or through the epipay mobile application. Please note that standard data and message rates may apply for text message alerts.

10. TERMINATION

In the event that you violate any of the provisions of these Terms of Use, we may terminate your access to the epipayWeb sites immediately and without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination. UP Solution reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including without limitation, the right to block access from a particular Internet and/or IP address to the epipay Web sites.

11. PROHIBITED ACTIVITIES

You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the epipayWeb sites or to surreptitiously intercept or expropriate any system, data or personal information from the UP Solution Web site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique. You may not use the UP Solution Web site as a service bureau for third parties.

12. LINKING AND THIRD-PARTY CONTENT

The epipayWeb sites may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. Use of any third-party content contained on or accessed from the epipayWeb sites may be conditioned upon terms and conditions as provided by such third-party providers.

13. LAWS AND REGULATIONS

You must comply with all applicable laws, statutes and regulations regarding: (i) use of the epipayWeb sites and (ii) release of information to and retrieval of information from the epipay Web sites.

14. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from: (i) your use of the epipayWeb sites; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to UP Solution; and/or (iv) any intentional wrongdoing by you.

15. ASSIGNMENT

You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the UP Solution Web site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.

16. GOVERNING LAW, ARBITRATION AND JURISDICTION

You recognize that although the Internet can be accessed from anywhere in the world, the UP Solution Web site is located in the State of New Jersey, United States of America, and that when you access the UP Solution Web site, you are doing so in the State of New Jersey, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the State of New Jersey without giving effect to any principles of conflict of law and the federal laws of the United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE UP SOLUTION WEB SITE SHALL BE FILED ONLY IN BERGEN COUNTY, NEW JERSEY, AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE IN BERGEN COUNTY, NEW JERSEY.

17. PRIVACY POLICY

By agreeing to these Terms of Use, you also agree to our Privacy Policy located at http://epipay.com/imu/en/home/document_privacy which is incorporated herein by reference. The Privacy Policy is subject to change from time to time. Your acceptance of these Terms of Use and/or continued use of the epipayWeb sites constitutes your acceptance to any changes to the Privacy Policy.

18. MISCELLANEOUS

Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof. BY USING THE EPIPAY WEB SITES AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE AT VARIOUS TIMES ON THE EPIPAY WEB SITES OR AS OTHERWISE SET FORTH HEREIN, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

19. CONTACT

If you have any problems, questions or complaints about these Terms of Use or the epipay Web sites, please contact us by email at info@upsolution.com.