The SpeedETab Services (as defined below) are provided by SpeedETab, Inc. (“SpeedETab”, “we”, “our” or “us”).
SpeedETab enables individuals via our Services to order and pay for items at a bar, coffee shop, restaurant or other venue (a “Venue”). If you are a customer of a Venue (a “Customer”), instead of waiting in line to place your order, you can now use our Services to place an order and pay at a Venue as well as store favorite items and order from prior purchases.
These terms of service (“Terms of Service”) are by and between (1) SpeedETab and (2) you as either: (a) a Venue which has entered into a SpeedETab Order Form or Master Services Agreement with SpeedETab (together “Order Form”); or (2) a user of the SpeedEtab Services, including if you are a Customer of a Venue ( collectively “you” or “your”), and govern your access to and use of the www.SpeedETab.com website and its subdomains (the “Website”), all downloadable applications we make available to you, including the SpeedEtab marketplace App and any white-label mobile apps we develop on Venues’ behalf (collectively, the “App”), and all software and services provided by us via the Website and App (together with the Website and the App, the “Services”).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONSTITUTE A BINDING AND ENFORCEABLE LEGAL CONTRACT AND CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SPEEDETAB ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION “AGREEMENT TO ARBITRATE”).
PLEASE NOTE THAT OUR SERVICES ARE ONLY INTENDED FOR INDIVDUALS AGED 16 YEARS OR OLDER OR 21 YEARS OR OLDER IF YOU ARE PURCHASING ALCOHOL. BY USING THE SPEEDETAB SERVICES,YOU (1) REPRESENT AND WARRANT TO US THAT YOU ARE AT LEAST 16 YEARS OLD OR 21 YEARS OLD IF YOU ARE ORDERING ALCOHOL AND (2) SIGNIFY AND AFFIRM YOUR INFORMED CONSENT TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO OR COMPLY WITH THESE TERMS OF SERVICE, THEN DO NOT USE THE SPEEDETAB SERVICES.
We reserve the right to change these Terms of Service from time to time for any reason, which shall be effected by posting of the updated Terms of Service to the SpeedETab Services.
We may modify, alter, suspend, or discontinue the SpeedETab Services and any SpeedEtab Content (as defined below) in whole or in part, at any time and for any reason, without notice. SpeedETab Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use SpeedETab Services, you must have a device with Internet access that can access our Website or App. When using SpeedETab Services, your telecommunications carrier’s normal rates and charges apply. We are not responsible for any charges you incur from your telecommunications carrier as a result of use of SpeedETab Services. You are responsible for ensuring that, at all times while using SpeedETab Services, you are not in violation of your agreement with your telecommunications carrier. Please note that we are not owned by any of the Venues, nor do we own any of the Venues. From time to time, we may upgrade SpeedETab or make improvements to SpeedETab. You agree that these Terms of Service will apply to all such upgrades or improvements.
Subject to these Terms of Service and any other agreement by you and us, we grant you a limited, personal, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Services and SpeedETab Content (as defined below) on a compatible mobile device solely for your personal, non-commercial purposes and and solely in the manner enabled by us. “SpeedETab Content” means all information, text, images, data, links, or other material posted on the sections of SpeedETab that are (i) publicly available or (ii) which SpeedETab permits you to access, whether created by us or provided by a third party for display on SpeedETab.
The foregoing license grant is not a sale of theServices or SpeedETab Content , and other than the limited licenses granted under these Terms of Services, all intellectual property rights, ownership rights and proprietary rights in the Services and SpeedETab Content and any part thereof, including all proprietary and secret information of SpeedETab or its licensors, and including any and all derivatives, updates, upgrades, changes and improvements thereof lie and remain exclusively with SpeedETab and/or its licensors. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Service, is void. We reserve all rights not expressly granted under these Terms of Service.
At the present time, we do not intend to charge Customers for a subscription fee for use of SpeedETab Services. Venues may pay fees to use our Services, as we may agree to from time to time. If you are a Venue, you agree that we may charge your payment method for any services or subscriptions that you receive or that are requested using your Login Credentials. If you are a Customer, you agree that we may charge your payment method for any orders placed using your Login Credentials. In either case, we may also charge your payment method for additional amounts associated with any taxes and late fees, as may be applicable.
We may use third party payment services to bill you through an online account (your “Billing Account”) for your subscription payment or purchase of products or services in lieu of directly processing your credit card information.
By submitting your payment account information, you grant us the right to store and process your information with the third party payment service(s), which it may change from time to time; you agree that we will not be responsible for any acts or omissions of the third party including without limitation failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of third party payment service in addition to these Terms of Service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Other than as otherwise expressly agreed between you and SpeedETab, we have no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by us, in each case in our sole discretion. If there is an issue with the service provided by a Venue, we do not take any responsibility for that issue, and we expect a Customer and a Venue to determine if there will be a refund without SpeedETab’s involvement.
In order to use some functionality of the SpeedETab Services, you will be required to register and create an account by providing certain information.
We may ask you to complete a registration form and create a user name and password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. You are responsible for protecting your Login Credentials from unauthorized use, and, as between you and SpeedEtab, you are solely responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission.. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on SpeedETab.
You agree that SpeedETab has no liability for the products or services provided by Venues or for the behavior of Customers.
If you are a Customer, you hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with any products or services provided to you by a Venue. If you are a Venue, you hereby release us (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind, known and unknown arising out of or in any way related with any behavior or conduct by a Customer. If you are a California resident, in connection with the above release, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his settlement with the debtor.”
If you have submitted, copied, uploaded or provided any content via the SpeedETab Services (“User Content”), you may remove, modify or alter such User Content at any time, through functionality that we make available on SpeedETab. You confirm that you own all rights in and to any User Content or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates and that you shall not upload any User Content which is unlawful or in breach of any third party’s rights.
You hereby grant to SpeedETab a sublicensable, transferable, worldwide, non-exclusive license to copy, modify, alter, translate, adapt, make derivative works of, publicly perform, display and otherwise use any User Content you make submit to the Services.
As a condition of your use of SpeedETab, you will not use SpeedETab for any purpose that is unlawful or prohibited by these Terms of Service. You shall (i) not sell, lease, sublicense or distribute any rights of use in the Services or any part thereof or allow any third party to use such rights, for any purpose; (ii) not attempt to reverse engineer, decompile, or disassemble the Services, or any part thereof; (iii) refrain from modifying the Services, or granting any other third party the right to do so; (iv) not represent that you possess any proprietary interest in the Services; (v) not directly or indirectly, take any action to contest SpeedETab’s intellectual property or proprietary rights or infringe them in any way; (vi) not use, or otherwise transfer, access or commercially exploit (or allow third parties to use, transfer, access or commercially exploit), any data made available to Licensee through the Services or any derivatives thereof (“SpeedETab Data”) in order to create derivative works of the Services or any software product (or parts thereof) that is the same or substantially similar to the Services or achieve, or intends to achieve, the same or a similar purpose and (viii) not to bypass, circumvent or disrespect any security or technical restrictions implemented within the Services. You may not use SpeedETab in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of SpeedETab. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through SpeedETab. You agree not to use false or misleading information in connection with your user account or impersonate any other person living or dead, and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party). In addition, you agree that you will not, and will not authorize or facilitate any attempt by another person to use SpeedETab to: a.Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by SpeedETab. b.Use a name or language that we, in our sole discretion, deem offensive. c.Post defamatory statements. d.Post hateful or offensive Content or Content that disparages any ethnic, racial, sexual, gender, religious, or other group. e.Post Content that depicts or advocates the use of illegal drugs. f.Post Content that characterizes violence as acceptable, glamorous or desirable. g.Post Content which infringes another’s copyright, trademark or trade secret. h.Post unsolicited advertising or unlawfully promote products or services. i.Harass, threaten, stalk or intentionally embarrass or cause distress to another person or entity. j.Promote, solicit, or participate in any multi-level marketing or pyramid schemes. k.Exploit children under 18 years of age. l.Engage in disruptive activity, such as sending multiple messages in an effort to monopolize a forum. m.Invade the privacy of any person, including without limitation posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age). n.Solicit personal information from children under 13 years of age. o.Encourage conduct that would constitute a criminal or civil offense. We reserve the right to consider other conduct to be prohibited; the restrictions above are intended to be illustrative. You agree not, and will not permit any person or entity to: (i) use, or allow the use of, SpeedETab for any unfair or deceptive practices or in contravention of any federal, state, local, foreign, or other applicable law, or rules and regulations of regulatory or administrative organizations; (ii) act in a fraudulent, tortious, malicious, or negligent manner when using SpeedETab; (iii) obtain unauthorized access to any computer system through SpeedETab; (iv) introduce viruses, worms, Trojan horses and/or harmful code to SpeedETab; and (v) use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of SpeedETab or any Content. We reserve the right, without prior notice and in its sole discretion, to decide whether your use of SpeedETab violates these Terms of Service for any of the above reasons or for any other reason, and if we do so, we may terminate your access to SpeedETab.
By using SpeedETab, you hereby agree to indemnify, defend and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities, and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with your provision of any User Content, your use of the SpeedETab Services and/or (any other third party’s use of any User Content or your breach of these Terms of Service or Order Form (as applicable). At our option, you agree to defend us from any such Claims.
If you believe that any materials on SpeedETab infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: Identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; Identification of the material that you believe to be infringing and its location, including a description of the material, its location on our Website or location in our App or other pertinent information that will help us to locate the material; Your name, address, telephone number, and email address; A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; A statement that the information in your claim is accurate; and A statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues related to SpeedETab is:
ATTN: Copyright Agent
Address: 500 Terry Francois Blvd., 6th Floor, San Francisco, CA 94158 USA.
Telephone Number: 1-415-358-0857 | Fax: 1-415-358-0884
For all concerns relating to copyright issues please email email@example.com. In an effort to protect the rights of copyright owners, we reserve the right to suspend your account, delete or disable content alleged to be infringing and/or terminate the account of a repeat infringer.
Under no circumstances will we be liable for any loss or damage caused by failed delivery or receipt of SpeedETab or User Content, your reliance on information from SpeedETab, information provided by a Customer or by your use of SpeedETab. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SpeedETab. SPEEDETAB AND ALL CONTENT AND OTHER INFORMATION ON OR ACCESSIBLE FROM SPEEDETAB ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: THE INFORMATION AVAILABLE THROUGH SPEEDETAB IS FREE OF ERRORS; THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY SPEEDETAB WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; DEFECTS WILL BE CORRECTED, OR THAT SPEEDETAB OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF SPEEDETAB, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF SPEEDETAB SERVICES, YOUR CONTACT INFORMATION, USER OR SPEEDETAB CONTENT OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF SERVICE, SHALL NOT EXCEED THE GREATER OF (I) $10.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US IN FEES, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
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 MAY NOT APPLY TO YOU. JURISDICTIONAL ISSUES.
The SpeedETab Services are intended for use in the United States only. We make no representation that information on SpeedETab is appropriate or available for use outside the United States. Those who choose to access or use SpeedETab from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
The Services utilize software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the Services shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, You represents and warrants that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.
The SpeedETab Services may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. If you are a Venue, you acknowledge and agree that you have sole responsibility and liability to comply with all applicable export laws including obtaining licenses to export or re-export as may be required.
If you are a Venue, you acknowledge that you are solely responsible for any white-label mobile apps we develop for you, including any content contained or referred to therein and for complying with any applicable laws, regulations and contractual terms thereto, including, without limitation, laws regarding accessibility and any terms governing such app(s) on the App Store or Google Play Store. While SpeedETab cannot give any legal advice as to how to comply with applicable laws, regulations or terms, SpeedEtab may, at its sole discretion, provide You with assistance, including by (i) classifying any white label apps we develop for you under US export laws; (ii) assisting You with the completion of the Apple app privacy details and app tracking transparency report or other similar requirements; (iii) implementing accessibility features; and (iv) any other type of assistance. You acknowledge and agree that SpeedETab bears no responsibility or liability of any kind in relation to any such assistance.
These Terms of Service are effective until terminated. We may terminate your access to SpeedETab, in our sole discretion, for any reason and at any time, upon electronic notice to you at the e-mail address provided by you at registration or that you subsequently update. You agree that we are not liable to you or any third party for any termination of your access to SpeedETab. We may change and update SpeedETab from time to time. We may add or remove features including without limitation making free services into Premium Services and vice versa. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change SpeedETab at any time without prior notice.
Upon termination or cancellation of the Agreement for any reason whatsoever, You will immediately cease use of the Services and return any Confidential Information to SpeedETab and destroy or return (including causing third parties to destroy or return) to SpeedETab, at SpeedETab’s discretion, all SpeedETab data. Your obligations that, by their nature and content, must survive the termination of this Agreement in order to achieve their fundamental purposes shall so survive.
If You provide suggestions, comments or feedback (whether orally or in writing) (the “Feedback”), any and all rights, including intellectual property rights, shall belong exclusively to SpeedETab and shall be considered SpeedETab’s confidential information, and You hereby irrevocably transfer and assign to SpeedETab all rights in such Feedback and waive any and all moral rights that You may have in respect thereto and waives the right to assert or claim such rights. Use of Feedback, if any, may be made by SpeedETab at its sole discretion.
These Terms of Service, and any dispute between you and us, shall be governed by the laws of the State of Florida without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below. Unless you and we agree otherwise, in the event that Section (Agreement to Arbitrate; waiver of class action) is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Miami-Dade County, Florida, except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties. Except for the foregoing exceptions, you and we agree to submit to the personal jurisdiction of the courts located within Miami-Dade County, Florida for the purpose of litigating all such claims or disputes. To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding.
ATTN: Legal Department
Address: 500 Terry Francois Blvd., 6th Floor, San Francisco, CA 94158 USA.
Telephone Number: 1-415-358-0857 | Fax: 1-415-358-0884
Notwithstanding any provision in these Terms of Service to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. Moreover, if we seek to terminate the Arbitration Procedures from these Terms of Service, such termination shall not be effective until thirty (30) days after the version of these Terms of Service not containing the Arbitration Procedures is posted to SpeedETab, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal. This Arbitration section will survive the termination of your relationship with us.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent but may be assigned by SpeedEtab without restriction or notification to you. Any prohibited assignment shall be null and void. Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties to these Terms of Service and their respective successors, permitted transferees, and permitted assigns. We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of the other party. These Terms of Service and any relevant Order Form contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersedes all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms of Service on SpeedETab. The headings and captions used in these Terms of Service are used for convenience only and are not to be considered in construing or interpreting these Terms of Service. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. No waiver of rights arising under these Terms of Service shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No failure or delay by either party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power or remedy and/or prejudice any rights of such party.
If you have any questions about these Terms of Service, please contact us at firstname.lastname@example.org or via www.speedetab.com.
Copyright © 2021,
SpeedETab, Inc., All Rights Reserved.
Updated May 2021