Terms of Service
LAST UPDATED: OCTOBER 1, 2020
PLEASE READ THESE TERMS OF SERVICE ("TERMS", "TERMS OF SERVICE") CAREFULLY BEFORE USING THE WWW.ORDERPASS.COM, *.ORDERPASS.COM WEBSITE (THE "SERVICE") OPERATED BY DELIVERY REWARDS LLC ("US", "WE", OR "OUR").
YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE.
BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE SERVICE.
This website is operated by Delivery Rewards LLC DBA Order Pass. Throughout
the site, the terms “we”, “us” and “our” refer to Order Pass. Order Pass
offers this website, including all information, tools and services
available from this site to you, the user, conditioned upon your acceptance
of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in
our “Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without
limitation users who are browsers, vendors, customers, merchants, and/ or
contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound
by these Terms of Service. If you do not agree to all the terms and
conditions of this agreement, then you may not access the website or use
any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also
be subject to the Terms of Service. You can review the most current version
of the Terms of Service at any time on this page. We reserve the right to
update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check
this page periodically for changes. Your continued use of or access to the
website following the posting of any changes constitutes acceptance of
those changes.
By agreeing to these Terms of Service, you represent that you are at least
the age of majority in your state or province of residence, or that you are
the age of majority in your state or province of residence and you have
given us your consent to allow any of your minor dependents to use this
site.
You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
We reserve the right to refuse service to anyone for any reason at any
time.
You understand that your content (not including credit card information),
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. Credit card information is always encrypted
during transfer over networks.
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 or any
contact on the website through which the service is provided, without
express written permission by us.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time,
but we have no obligation to update any information on our site. You agree
that it is your responsibility to monitor changes to our site.
Prices for our products are subject to change without notice. Prices may
not be the same prices as advertised elsewhere and may not match the actual
restaurant prices on their menu or advertisements.
We reserve the right at any time to modify or discontinue the Service (or
any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through
the website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee
that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our
products or Services to any person, geographic region or jurisdiction. We
may exercise this right on a case-by-case basis. We reserve the right to
limit the quantities of any products or services that we offer. All
descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or
service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by or
under the same customer account, the same credit card, and/or orders that
use the same billing and/or shipping address. In the event that we make a
change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the
order was made. We reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly
update your account and other information, including your email address and
credit card numbers and expiration dates, so that we can complete your
transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and
“as available” without any warranties, representations or conditions of any
kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the relevant
third-party provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may direct you to third-party websites that
are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, 'comments'), you agree
that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove 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.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead us
or third-parties as to the origin of any comments. You are solely
responsible for any comments you make and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or
any third-party.
Your submission of personal information through the store is governed by
our Privacy Policy. To view our Privacy Policy.
If you download any software from our Sites or use any software provided by
Order Pass, you may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the software to human-perceivable form.
Order Pass reserves the right, in its sole and absolute discretion, to
modify, suspend, delete, or discontinue at any time, with or without
notice, the Sites, Apps or Software and/or offered services through Order
Pass and connected third party Sites, including but not limited to the
Site’s and App’s features, look and feel and all functional elements and
related services.
The Service and its original content, features and functionality are and
will remain the exclusive property of Order Pass and its licensors. The
Service is protected by copyright, trademark, and other laws of both the
United States and foreign countries. Our trademarks and trade dress may not
be used in connection with any product or service without the prior written
consent of Order Pass.
Materials accessible to your through Order Pass services may be subject to
protection under the United States or other copyright laws, or laws
protecting trademarks, trade secrets or proprietary information. Except
when expressly permitted by the owner of such rights in writing, you must
not use Order Pass or its server and network in a manner that would
infringe, violate, dilute or misappropriate such rights, with respect to
any material, which you access or receive through the Order Pass network.
If you use a domain name connection with Order Pass or similar service, you
must not use that domain name in violation of any trademark, service mark,
or similar rights of any third party.
Pursuant to Title 17, United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement on the Delivery Rewards LLC
system or web site should be sent only to our designated agent.
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all
notifications of claimed copyright infringement on the Delivery Rewards LLC
system or web site should be sent only to our designated agent.
The following information is providing solely for notifying Delivery
Rewards LLC that your copyrighted material may have been infringed.
We caution you that under federal law, if you knowingly misrepresent that
online material is infringing, you may be subject to heavy civil penalties.
These include monetary damages, court costs, and attorney fees incurred by
us, by any copyright owner, or by any copyright owner's licensee that is
injured as a result of our relying upon your misrepresentation. You may
also be subject to criminal prosecution for perjury.
Do not send any inquiries unrelated to copyright infringement to the
contact listed below. You will not receive a response if sent to that
contact. Please send all copyright infringement related inquiries to admin
@ delivery rewards.com (spaces were added to the e-mail address to reduce
spam, please remove spaces in the e-mail address before sending).
Under Title 17, United States Code, Section 512(c)(3)(a), the notification
of claimed infringement must include the following:
Physical or electronic signature of a person authorized to act on behalf of
the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a
representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should
be removed or access to disabled and information reasonably sufficient to
enable the online service provider to locate the material (usually a URL to
the relevant page).
Information reasonably sufficient to allow the online service provider to
contact the complaining party (address, phone number, e-mail address).
Statement that the complaining party has a "a good faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or law.”
Statement that the information in the notice is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of
the copyright owner.
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct
any errors, inaccuracies or omissions, and to change or update information
or cancel orders if any information in the Service or on any related
website is inaccurate at any time without prior notice (including after you
have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to
indicate that all information in the Service or on any related website has
been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you
are prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property
rights of others; (e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to
submit false or misleading information; (g) to upload or transmit viruses
or any other type of malicious code that will or may be used in any way
that will affect the functionality or operation of the Service or of any
related website, other websites, or the Internet; (h) to collect or track
the personal information of others; (i) to spam, phish, pharm, pretext,
spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to
interfere with or circumvent the security features of the Service or any
related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any
of the prohibited uses.
We do not guarantee, represent or warrant that your use of our service will
be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
Order Pass will not be responsible for any damages your business may
suffer. Order Pass makes no warranties of any kind, expressed or implied
for service we provide. Order Pass disclaims any warranty or
merchantability or fitness for a particular purpose. This includes but not
limited to loss of data, non-deliveries, wrong delivery, loss of orders,
orders delay, failed order confirmations, system downtime and any and all
service interruptions caused by Order Pass and its employees.
Your use of the Service is at your sole risk. The Service is provided on an
"AS IS" and "AS AVAILABLE" basis. The Service is provided without
warranties of any kind, whether express or implied, including, but not
limited to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement or course of performance.
Order Pass its subsidiaries, affiliates, and its licensors do not warrant
that a) the Service will function uninterrupted, secure or available at any
particular time or location; b) any errors or defects will be corrected; c)
the Service is free of viruses or other harmful components; or d) the
results of using the Service will meet your requirements.
Order Pass reserves the right to revise its policies at any time.
Customer shall not transfer or assign this agreement without the prior
written consent of Order Pass. However, Order Pass may assign the
customer's contract, in part or in whole, at any time without consent from
or notice to the customer. Order Pass reserves the right to cancel
customer's rights under this contract at any time without further
obligation.
Failure to follow any term or condition will be grounds for immediate
account deactivation.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered to
you through the service are (except as expressly stated by us) provided 'as
is' and 'as available' for your use, without any representation, warranties
or conditions of any kind, either express or implied, including all implied
warranties or conditions of merchantability, merchantable quality, fitness
for a particular purpose, durability, title, and non-infringement.
In no case shall Order Pass, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings,
loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using
the service, or for any other claim related in any way to your use of the
service or any product, including, but not limited to, any errors or
omissions in any content, or any loss or damage of any kind incurred as a
result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised
of their possibility. Because some states or jurisdictions do not allow the
exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to
the maximum extent permitted by law.
Order Pass, in its sole discretion and at any time, may modify the
Subscription fees for the Subscriptions. Any Subscription fee change will
become effective at the end of the current month.
Your continued use of the Service after the Subscription fee change comes
into effect constitutes your agreement to pay the modified Subscription fee
amount.
This Agreement does not create a partnership relationship.
Order Pass reserves the right to cancel service at any time. Any violation
of policies which results in extra costs will be billed to the customer.
You agree to indemnify, defend and hold harmless Order Pass and our parent,
subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out
of your breach of these Terms of Service or the documents they incorporate
by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to
be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and
enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the
termination date shall survive the termination of this agreement for all
purposes.
These Terms of Service are effective unless and until terminated by either
you or us. You may terminate these Terms of Service at any time by
notifying us that you no longer wish to use our Services, or when you cease
using our site.
If in our sole judgment you fail, or we suspect that you have failed, to
comply with any term or provision of these Terms of Service, we also may
terminate this agreement at any time without notice and you will remain
liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part
thereof).
The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not
be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
Los Angeles, California, United States.
You can review the most current version of the Terms of Service at any time
at this page.
We reserve the right, at our sole discretion, to update, change or replace
any part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for
changes. Your continued use of or access to our website or the Service
following the posting of any changes to these Terms of Service constitutes
acceptance of those changes.
Questions about the Terms of Service should be sent to us at
legal@orderpass.com.