USING LINESKIP

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.

Please do not use our Services if you are under the age of 13. Our Services are not marketed or intended for your use. If you are a parent of guardian, and become aware that information of a child under 13 has been submitted to us, please contact us and we will remove this information immediately.

To facilitate a clearer Terms and Conditions Agreement we have separated the Terms and Conditions for our Users from the Terms and Conditions of Merchants who are either restaurants and vendors that use our platform directly or use our technology.

USER is defined as one who uses our Service directly to order food from restaurants and vendors including other business that contract with us directly.

If you are a USER who uses our Service the following Term and Conditions apply to you.

TERMS & CONDITIONS FOR USERS

ACCOUNT

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” as described in our Privacy Policy. 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 order delivery, and additional charges to resolve 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. LineSkip always refuses the right to provide service to any USER as it own discretion.

USER 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.

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 purchase alcoholic beverages if you are under the age of 21. If you order alcoholic beverages, you will facilitate and provide a valid ID 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 in 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

LineSkip currently allows or will do so in the future; its USERs to interact with their Service, which enables USERs to place orders, review restaurants, bookmark favorite restaurants, like restaurants, post them on social media websites. Other features may include interacting with other users, and providing additional feedback. 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.

Our Service also allows you to rate and post reviews of restaurants and vendors. Such ratings and reviews are considered user content and is governed by the Terms and Conditions of this Agreement. User ratings and review are not reflective of the views and position of LineSkip. In order to maintain adequate quality of our Service, in order to review, you must first have successfully ordered from the restaurant. 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; 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, content, ratings, conversations, without any prior notice or approval.

ALCOHOL POLICY

Some States and Jurisdictions allow ordering and delivery of beverages containing alcohol. In order to do so, you have to be over the age of 21. By ordering such beverages, you acknowledge that you are 21 and over. If such beverages are orders, you will be required to present an official government issues ID or Passport to verify your age. Violation of these terms may lead to termination of your account, and additional charges may apply for the inconvenience.

LIMITED LICENSE TO OUR CONTENT

LineSkip will enforce its intellectual property rights to those who violate our rights. Your rights as to User Content are described above. With exception to User 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. Such protection is not extended to MERCHANTs, who are responsible for the protection of their own Materials and Intellectual Property rights. You will not use any Materials of LineSkip without prior written authorization from LineSkip.

INCORRECT ORDERS

LineSkip is not liable for any mistakes, errors and omissions in orders that are placed using our Service and Technology.

REFUNDS

If the USER has a dispute with a restaurant or a vendor regarding their order, they are to deal with restaurant and/or the payment processing company. LineSkip is not liable or responsible for any refunds to its USERs; we will not refund any amounts to our USERs in an event of a dispute or error.

ESTIMATED DELIVERY TIMES

Our Services offer estimated delivery times, which maybe provided to you by us or the business with which the order is place. Such times are estimates only. Actual times may vary. You agree not to hold LineSkip or its affiliates responsible for mistakes, errors and omissions in estimating correct delivery times.

REWARDS PROGRAM

LineSkip is not liable for any reward programs, associated points, rewards including any errors or mistakes that may take place when using our Service for any reasons known or unknown.

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 Merchant actions, or Credit Card Company actions. In no event shall LineSkip be held liable. LikeSkip will not be responsible for reimbursing the User.

DISCLAIMER

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 MERCHANT liability 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 USER 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, MERCHANT 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. 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 restaurant affiliates form which you ordered, 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.

If you are dissatisfied with the site or do not agree to any provisions of these terms of use, your sole and exclusive remedy is to discontinue using the site.

NON-LIABILITY FOR PAYMENT SERVICE PROVIDER

LineSkip uses a third party service provider for its payment system. Any errors, overages, downtimes, mistakes by Beanstream is out of the control of LineSkip and needs to be dealt with by contacting them directly. LineSkip will make attempts to assist you.

FULL RELEASE

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 Contents.

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 websitesOur 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 USERs 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 ServiceWe 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 USERs 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.

INDEMNIFICATION

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.

COPYRIGHT POLICY

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.

GOVERNING LAW

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.

SEVERABILITY CLAUSE

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.

LineSkip Inc.
PO Box 65892
Vancouver WA, 98665
Email: privacy@lineskipapp.com
This Terms and Services was last updated on July 16th 2015. Policy Version: 1.1