Terms of Service

Updated: APRIL 15, 2022

Costmenu, Inc ("Costmenu")

By using the Costmenu.com web site ("Service"), or any services of Costmenu, Inc. ("Costmenu"), you (the user of the Service, such user’s successors, agents, and assigns, and everyone in privity with such user are, hereafter, “You.” Together, You and Costmenu are sometimes the “parties”) are agreeing to be bound by the following terms and conditions ("Terms of Service").

• Account Terms
• Cancelation & Termination
• Modifications to the Service
• Copyright and Content Ownership
• General Conditions

Account Terms

1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your name, a valid email address, and any other information requested in order to complete the registration process.
4. Your account login may only be used by one person - i.e., a single login may not be shared by multiple people - except that a machine user's actions may be directed by multiple people.
5. You are responsible for maintaining the security of your account and password as well as any secondary accounts. Costmenu cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for all activity that occurs under your account.
7. If additional users are added to an existing account (“Secondary Accounts”), those users will also be bound by the Terms of Services.
8. One person or legal entity may not maintain more than one free trial period account, and one machine user account that is used exclusively for performing automated tasks.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Cancelation & Termination

1. You are solely responsible for properly canceling your account. You can cancel your account at any time by emailing sales@costmenu.com and/or by cancelling directly in your settings.
2. You are solely responsible for monitoring and cancelling any Secondary Account holders.
3. All of your Content will be immediately deleted from the Service upon cancelation. This information cannot be recovered once your account is canceled.
4. Costmenu, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Costmenu service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Costmenu reserves the right to refuse service to anyone for any reason at any time.
5. In the event that Costmenu takes action to suspend or terminate an account, we will make a reasonable effort to provide the affected account owner with a copy of their account contents upon request, unless the account was suspended or terminated due to unlawful conduct.

Modifications to the Service

1. Costmenu reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Costmenu shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

Copyright & Content Ownership

1. Costmenu does not pre-screen Content, but Costmenu and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
2. You shall defend Costmenu against any claim, demand, suit or proceeding made or brought against Costmenu by a third-party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and shall indemnify Costmenu for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Costmenu in connection with any such claim, demand, suit or proceeding; provided, that Costmenu (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Costmenu of all liability); and (c) provides to You all reasonable assistance, at Your expense.
3. The look and feel of the Service is copyright © Costmenu, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Costmenu.

General Conditions

1. Your use of the Service is at your sole risk.
2. The service is provided on an "as is" and "as available" basis.
3. Support for Costmenu services is only available in English, via email.
4. You understand that Costmenu uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5. You must not modify, adapt, or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Costmenu, or any other Costmenu service.
6. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Costmenu.
7. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
8. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Costmenu customer, employee, member, or officer will result in immediate account termination.
9. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
11. You must not transmit any worms or viruses or any code of a destructive nature.
12. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Costmenu) of other Costmenu customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
13. Costmenu does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. THE TERMS SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WHATSOEVER, WHETHER STATUTORY, COMMONLAW, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND SATISFACTORY QUALITY. YOU EXPRESSLY WAIVE ANY RIGHTS THAT IT MIGHT OTHERWISE HAVE.
14. You expressly understand and agree that Costmenu shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Costmenu has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
15. The failure of Costmenu to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Costmenu and govern your use of the Service, superseding any prior agreements between you and Costmenu (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Arkansas law.
16. You agree to indemnify, defend, and hold harmless Costmenu, its officers, employees, agents, successors, and assigns, against all claims and suits by third parties for damages, injuries to persons (including death), damage to property, loses, and expenses including reasonable attorney’s fees, arising out of or from Your use of Company’s products and services, including all acts by Customer pursuant to this these terms of service.
17. If any provision herein, or the application of such provision to any person or circumstance, shall be held invalid by a court or arbitrator, the remainder of the terms herein, or the application of such provision(s) to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. The remaining terms shall be construed consistently with the terms and stated objectives herein to best give effect to the parties’ intent.
18. The parties agree that any dispute between them relating in any way to the terms herein shall be subject to mandatory and binding arbitration. Such arbitration shall be conducted by an arbitrator mutually agreeable to the parties and pursuant to the procedural rules of the American Arbitration Association (the “AAA”), though the arbitration need not necessarily be conducted through the AAA. In the event the parties cannot agree to a single arbitrator, each party shall select an arbitrator and the two arbitrators shall select a third, and the subject arbitration shall be conducted by the three arbitrators. All costs for such arbitration shall be shared equally among the parties (with the exception of attorney’s fees, which shall be borne by the party incurring such costs), and the prevailing party shall be entitled to an award of costs and fees against the non-prevailing party. In the event this clause is held invalid or unenforceable, the parties agree that the sole and exclusive jurisdiction for any lawsuits related to this agreement shall be in the United States District Court for the Western District of Arkansas or the state courts sitting in Bentonville, Arkansas.
19. THE PARTIES HERETO AGREE THAT ANY CLAIMS BY OR AMONG THEM SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS AND EACH OF THE PARTIES EXPRESSLY WAIVES THEIR RIGHT, IF ANY, TO PARTICIPATE IN A CLASS, COLLECTIVE, OR OTHER JOINT ACTION CONCERNING ANY CLAIMS BY OR AMONG THEM.
20. The relationship between the parties is also governed, as applicable, by either a Costmenu Pro License or a Costmenu Free License (the “Applicable License”). The terms of the Applicable License are incorporated into these Terms of Service by reference as if fully restated herein. These Terms of Service and the Applicable License shall be read and interpreted together.
21. Questions about the Terms of Service should be sent to sales@costmenu.com.