LineSkip (collectively referred to as, “LineSkip,” “we,” us” and/or “our”) is the owner and developer of LineSkipApp.com, LineSkip mobile application and other third party applications used by Merchants that is developed by us (collectively referred to as “Services”); your use of our website, mobile sites, applications and Merchant applications constitutes a binding agreement to the terms and services discussed. Please read all the terms and conditions carefully. If you do not agree with any of the Terms and Conditions, please do not use the site or mobile applications, including any third party applications.
TERMS & CONDITIONS FOR MERCHANTS
Even though you may use our services as a guest “Guest”. To enjoy all of our services, you will be required to create and account “Account”. In order to create an account or process your orders, we will collect certain personal information “Personal Information” about your Business, Such information will be used to provide you with Services. Under this Agreement, you agree to provide true and accurate information that is complete. Failing to do so may result in the termination of your Account, inaccurate orders, and additional charges to resolves issues that may result due to inaccurate information. Additionally, if LineSkip becomes aware that information provided is false, inaccurate or incomplete, LineSkip may refuse further Service and will deactivate your Application. LineSkip always refuses the right to provide service to any MERCHANT as it own discretion.
Merchant will be responsible for their Account and all information associated with it. Under this Agreement you will notify LineSkip immediately if you suspect unauthorized access, use, or breach of your Account.
LineSkip is not liable for any injury, loss or damage of any kind arising from or relating from your use of our Service, loss, injury, damage of any kind arising or relating to your current and future use of our account.
TERMS & BILLING
For all custom Applications that use LineSkip technology, Merchants will be billed upfront for the first and last month. After initial payments, all remainder payments will be made on a month-to-month basis. Any fee of payment structure is non-negotiable and non-refundable and must be paid prior to commencement of development and Service.
All accounts that use credit card readers integrated on the LineSkip platform will incur a monthly fee for each reader used during the calendar month. If a reader is unused during the calendar month, no fee will be applied. A card reader is considered being used during the month if it has been powered on and connected to any LineSkip software, including but not limited to the LineSkip POS and the LineSkip delivery driver app. The merchant will be billed after the end of each month for the card readers used. LineSkip reserves the right to terminate or disable any merchant account with past due invoices of 30 days or more.
Merchants may cancel their commitment at any time. However, upon cancellation, your service will run through the end of the current month or to the month your account is funded and paid for. LineSkip does not prorate upon cancellation.
NON-REPRODUCTION OF TECHNOLOGY
Merchant will not use our Service to reproduce LineSkip technology and intellectual property. Any such attempt will be considered a violation of this Agreement, and will subject the Merchant to liability.
INELIGIBILITY FOR PROMOTIONS FOR EXISTING MERCHANTS
LineSkip may hold promotions in an attempt to acquire additional Merchants and Users, if you are an existing Merchant, such promotions do not apply to you, and will not apply to you even if you were to cancel and recreate an account. For the purposes of this Agreement, such a transaction will not be considered a new account.
YOUR USE OF OUR SERVICES
By using our Services you agree to comply with all applicable State and Federal laws. You will not use our Services to sell alcoholic beverages to individuals under the age of 21. If alcoholic beverages are ordered, you will ensure that a valid ID is checked for age verification. You will not register a false account. You will not use your account to gain unauthorized access to our Services. You will not manipulate or use our Services in such a manner that causes it damage, to breakdown, go offline. You will not study or copy our technology in order to replicate it. You will not engage is such conduct that is banned by LineSkip. You will not copy the materials and reviews that are posted on LineSkip. You may not deeplink to our website, access our website through robots, crawls, web-crawlers, spiders, etc.. You will not build a competitive product. You will not engage in the creation of fake Accounts and/or post fake reviews. You will not interfere with the security or information from our Service.
CONTENT YOU PROVIDE AND OUR USE
By using our Service you will provide LineSkip with information including but not limited to your business, logos, trademarks, ingredients, menu information, information about your staff, ratings, choices, etc.. By providing such information and content, you warrant that such information is non-infringing on anyone’s right, is not in violation of any State or Federal law and that you have the right to provide such information on our Service.
We always reserve the right to remove fake reviews, reviews that do not appear genuine, reviews that are in violation of any laws, reviews that degrade a person or service provider or user; including any reviews we deem inappropriate at our sole discretion.
By providing such information you are Granting LineSkip a perpetual, irrevocable, fully transferrable, paid up, royalty free, non-exclusive worldwide license to use, copy, publish, modify, remove, publically perform, display, translate, create derivative works from, and distribute such content in all existing media forms and one that maybe developed and invented later in any medium and capacity, without providing you or your heirs any notice or requiring any approval. Furthermore, by using our Service you grant LineSkip a license to use your profile information including your user name, including your profile history, restaurant name, logo, trademark, copyrighted materials, content, ratings, conversations, without any prior notice or approval.
RIGHT TO USER DATA
Some States and Jurisdictions allow ordering and delivery of beverages containing alcohol. If your business is located in one of those jurisdictions, you may deliver alcoholic beverages to individuals over the age of 21. It is your responsibility to verify the ages of the individual(s) by checking the proper government issued ID or Passport. Violation of these terms may lead to termination of your Account.
LIMITED LICENSE TO OUR CONTENT
LineSkip will enforce its intellectual property rights to those who violate our rights. Your rights as to Merchant Content are described above. With exception to Merchant Content, our Services encompass pictures, textual content, videos, and other graphical images, which are collectively referred to as “Materials”. All such Materials are the property of LineSkip are protected by copyrights, trademark(s), trade dress, domain name, patent, trade secret, and other State and Federal Laws of United States. You will not use any Materials of LineSkip in a manner not described in this Agreement without prior written authorization from LineSkip.
PROTECTING YOUR INTELLECTUAL PROPERTY
Merchants are responsible for protecting and enforcing their own intellectual property rights. LineSkip is not responsible for any such violations that may occur by the conduct of its Users or Guests.
LineSkip is not responsible for any mistakes, errors and omissions in orders that are placed or prepared using our Service.
If the Merchant has a dispute with the User/Customer regarding their order, you will deal with them directly. LineSkip is not liable or responsible for any refunds to its USERs or Merchants; we will not refund any amounts to our USERs or Merchants in an event of a dispute, mistake or error.
ESTIMATED DELIVERY TIMES
Our Services offer estimated delivery times, which maybe provided to you by the Merchants. Such times are estimates only. Actual times may vary. You agree not to hold LineSkip or its affiliates responsible for any mistakes; errors and omissions in estimating correct delivery times.
LineSkip is not liable for any reward programs, associated points, and rewards including any errors or mistakes that may take place when using our Service for any reasons known or unknown.
Merchants must promote LineSkip via LineSkip advertising stickers, which shall be placed in a visible location to customers of the business such as a glass door, entrance door, window, near the cashier or register. Merchants can also use LineSkip’s materials such as logo and graphics from LineSkip’s library to develop their own marketing materials and display them in a manner described above.
Merchants are responsible for making timely payments; ensure proper use of User data that is provided to them to facilitate transactions. Merchants agree that they will not use User data in any manner including for marketing or secondary purposes. User data shall only be used to facilitate the transaction for which such data was provided. Failure to comply with this requirement, or any abuse of User Data or unethical use of such data will result in the termination of your Account.
LineSkip reserve the right to remove any Merchant for any reason.
Merchants may come to learn of LineSkip’s business, business practices, pricing, confidential information, trade secrets, and software capabilities. Merchant irrevocably agrees to keep such information in confidence, and shall not disclose such information to anyone including but not limited to affiliates, business partners, employees, software development companies, developers, hackers, etc.. Violation of this clause will subject Merchant and their affiliates to legal liability, which LineSkip will pursue to the fullest extent.
The Service, the Materials and all other content of our Services are provided “AS IS” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to Applicable Law, the released parties disclaim with respect to the sites, the materials and all other content on the sites all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not represent or warrant that our Services, the Materials and/or the other content of our Services will be secure, uninterrupted and/or error-free, that defects will be corrected, and/or that the Service, the Materials and/or other content on the Service are free from viruses or other harmful components. LineSkip does not warrant or make any representations regarding the use or the results of the use from our Service, the Materials and/or any other content on our Service in terms of their correctness, accuracy, reliability, timeliness, completeness, correctness, or otherwise, including without limitation, the quality and/or timing of a delivery ordered using our Service. You assume the entire cost of all necessary servicing, repair, or correction relating to your use of our Services, the Materials and/or other content on our Service. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not fully apply to you.
LIMITATION OF LIABILITY
In no event Merchant or any other person hold LineSkip Liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, including any loss or damages whatsoever, whether in an action under contract, negligence, or any other applicable theory, in any manner whatsoever arising out of the use or inability to use, perform, or in connection with LineSkip or its Service. LineSkip assumes no liability or responsibility with respect to any loss or damages caused by failure of Service, viruses, downloaded content that contains viruses or damaging code, use of, browsing, use of our Materials, included use of any information, illness, death arising out of food or services provided by using our Service. LineSkip further assumes no liability in any manner whatsoever from third party sites, Users, Services, including applications and websites, for errors caused on MERCHANT services and sites. LineSkip shall not be liable for harm, loss, or damage caused by defamation, slander, libel, omission, falsehood, obscenity, pornography, profanity, inaccurate information, wrong orders, violation of any religious dietary restrictions.
Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy. Some Jurisdictions do not allow for exclusion or limited of liability for consequential or incidental damages, the, if you are in such a jurisdiction, the above limitations may not apply to you. In such an event, LineSkip will not be held totally liable for all damages, losses, including causes of action, whether in contract, tort, or any other legal theory, amounts under such an event shall not exceed either the amount paid by you to LineSkip or its affiliates, or exceed a total of $75 dollars, whichever is less.
By using our Service, you and LineSkip agree that all warranty disclaimers and limitations of liability in these Terms and Conditions are material, are bargained for, and have been taken into account in determining the consideration to be give by and to each party under this Agreement. It is the decision of each party independent of any influence by the other to enter into this Agreement. You and LineSkip agree that the warranty disclaimers, and limitation including this Agreement are fair and reasonable.
NON-LIABILITY FOR REVERSE CHARGES OR FAILED TRANSACTIONS
LineSkip is not liable for any reverse charges that may occur for any reason, including failed transactions; such transactions may result from errors, mistakes, omissions, and User actions, Credit Card Company actions. In no event shall LineSkip be held liable. LineSkip will not be responsible for reimbursing the Merchant.
NON-LIABILITY FOR PAYMENT SERVICE PROVIDER
LineSkip uses a third party service providers and gateways for its payment system. Any errors, overages, downtimes, mistakes by third party processors is out of the control of LineSkip and needs to be dealt with by contacting them directly. LineSkip will make attempts to assist you.
By using our service, you agree to release without limitation LineSkip and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents, and affiliates, relatives, and representatives from any responsibility for with respect to User Content, and Merchant Content.
THIRD PARTY LINKS AND INTEGRATION
Our Service may include the use and integration of Third Party links and services, which are not developed or controlled by LineSkip. We are not in control of content on these websites nor guarantee the quality and security of any information you find by visiting these websites. LineSkip does not endorse these websites or services or products found on them. We are not responsible for any damages or losses suffered on these websites.
VIOLATION OF THIS AGREEMENT
Any violation of this Agreement will result in the termination of your account and/or blocked access. LineSkip reserves the right to pursue you for any damages or losses it may suffer by your violation of this Agreement.
CHANGES TO THIS AGREEMENT
We may periodically make changes to this Agreement without any prior notice. If such changes are made, they will become effect when the new revised Agreement is posted. If the changes we make are material, we will notify you by prominently posting that changes have been made to our Terms and Conditions on our website. We will also let our Merchants know via email. By continuing to use our Service, after we make the change, you agree to be bound by the revised Agreement. If you do not agree to the new terms, you should immediately stop using our Service.
You agree to indemnify and hold harmless LineSkip and all its affiliates from all claims, actions, losses, judgments, liabilities, damages, costs, and expenses (including reasonable attorneys fees) arising out of any breach of any provision of this Agreement, this include but are not limited to violations of State and Federal laws, Copyright violations, Trademark violations, contractual violations, etc.
LineSkip respect Copyrights including all intellectual property rights of others, we require our USERs to do the same. If your Copyrighted work is present on our Service against your permission, please contact us and provide us with the following information required by the Digital Millennium Copyright Act, 17 U.S.C 512.
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed at a single online site, then a representative list of such copyrighted works.
- Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites.
- Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address.
- A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.
You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites are subject to all applicable international, federal and state including local regulations. The Terms and Conditions and policies contained in this Agreement shall be governed and construed in accordance with the laws of Washington State, without regard to its conflict of law principles, all claims, disputes or disagreements which may arise out of interpretation, performance or in any way relating to your use of the Service, the Materials or any of the content on our Service shall be submitted exclusively to the applicable state and federal courts in the county and state of Washington.
You acknowledge and irrevocably agree and consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action, and you will irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such court. You also hereby irrevocably waive any right you may have to participate in a class action or representative action against LineSkip. You also hereby irrevocably waive any such right you have to a trial by jury. You acknowledge that the terms of this provision are material, bargained-for bases of this agreement, and you agree that the waivers are fair and reasonable. Any Waiver of any such provisions in this Agreement and this Section shall be in writing signed by both parties.
If any provision in this Agreement is held illegal, invalid or unenforceable, the rest of the Agreement shall still be effective, and both parties shall cooperate to replace such provisions.
Contact us if you have any questions or concerns.
PO Box 65892
Vancouver WA, 98665
This Terms and Services was last updated on August 24th 2015. Policy Version: 1.2