Terms And Conditions

By using this website, you signify your agreement to these terms of use. If you do not accept all of the terms and conditions contained in this agreement, please do not use the site.

Modification of Services

The website reserves the right, in its sole discretion, to modify the services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalogue. The website shall have no liability to you for any modification or discontinuation of the services. If you object to any such changes, your sole recourse shall be to cease using the services.

Limitations on Your Use of Services

You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.

Text Message (SMS) Service

If you initiate the mobile phone registration process, the website will send you an SMS text message containing an authorization key for validation of your mobile phone. Once you have entered your authorization key and validated your status as an authorized user of the services, you will be able to make use of wireless communication devices, such as cellular telephones, to place orders and settle transactions for the purchase of certain third-party food items (each, a “Product”) contained in online ordering menus, as updated by the website from time to time (“Product Catalogue”). You acknowledge that delivery of SMS messages and availability of web-based browsing is not guaranteed. You acknowledge that the services may differ depending on the carrier with whom you maintain an account and that carrier’s ability to support the services. The website is not responsible for the act or omission of any carrier, any limitations imposed by such carrier, or such carrier’s ability or inability to support the services. In the event your carrier fails to deliver any communication to the website or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the services, you acknowledge and agree that the website shall not liable for any loss or damage. In addition, you agree to pay all fees charged by your carrier in connection with your use of the services. You acknowledge and agree that these rates depend on the applicable carrier and your personal subscription package with that carrier. You may discontinue your participation in and access to the services at any time by delivering notice to the website at customerservice@commentech.com, removing mobile services in the “My Account” section of the site, or by sending a text message to the shortcode (_______) with any of the following messages: “STOP,” “CANCEL,” “UNSUBSCRIBE,” “QUIT,” “STOP ALL,” or “END.”
Modification of the Agreement
The website may amend, supplement, or modify this agreement from time to time by posting the amended agreement on the site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the services.

Termination

If you materially breach the terms of this agreement, the website may suspend your ability to use the services or may terminate this agreement effective immediately and without notice to you.

Payment and Billing

You acknowledge and agree that for each order you place through the service, the full cost of Products you order (for which prices are subject to change without notice) assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a SMS or web browser command originating from your account constitutes an authorization for the website to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. The website will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the site.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THE WEBSITE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE WEBSITE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS IS LIMITED TO ONE HUNDRED DOLLARS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

Privacy

The website has an unrestricted right to collect and use any personal information you provide in connection with the services, provided that any such use shall be in accordance with our Privacy Policy available publicly on the website. If you use the services, you are accepting the terms and conditions of our Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless the website, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of this agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.

Intellectual Property

The services contain copyrighted and/or proprietary subject matter that is owned by CNG Technologies LLC and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin (“Marks”) that appear on or in connection with the services are the property of ICON Technologies LLC and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.

Miscellaneous

Any legal action, suit, or proceeding arising out of or relating to this agreement, or your use of the services, shall be instituted exclusively in the federal or state courts located in Houston, Texas. This agreement shall be governed by Texas law, without regard to conflict of law principles. 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 services or this agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the enforceable provisions of this agreement shall remain in full force and effect.