Sunset Networks, LLC ("Sunset Networks") is providing users ("User") with access this web site, (the "Sunset Networks Service"), subject to the terms and conditions of this User Agreement (the "Terms of Use"). Any new features, changes, updates or improvements of the Sunset Networks Service, and the availability of new Sunset Networks services, shall be subject to the terms of this User Agreement unless explicitly stated otherwise.
YOUR ACCEPTANCE OF THIS USER AGREEMENT
Please read the User Agreement carefully before using or registering for the Sunset Networks Service. By using or registering for the Sunset Networks Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the Sunset Networks Service.
MODIFICATION OF TERMS
We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the Orderup.com web site.
Unless explicitly stated otherwise, any new features that augments or enhances the current Sunset Networks Service, including the release of new Sunset Networks properties, shall be subject to the User Agreement. You understand and agree that the Sunset Networks Service is provided "AS-IS" and that Sunset Networks assumes no responsibility for the timeliness, deletion, or failure to store any User communications or personalized information.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the Sunset Networks Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.
PRIVACY POLICY
By using or registering for the Sunset Networks Service you acknowledge that you have read and accept the Sunset Networks Privacy Statement. Before using or registering for the Sunset Networks Service, please carefully read the Sunset Networks Privacy Statement. A link to the Sunset Networks Privacy Statement is on the bottom of each page of Orderup.com.
PRIVACY STATEMENT
Sunset Networks has implemented this privacy policy to ensure that personal information (specifically set forth below) pertaining to our clients is kept private and secure subject to the Terms & Provisions of the Sunset Networks User Agreement. Sunset Networks will not distribute any of the information we receive from you while using the Sunset Networks food ordering service and web sites. Financial information and other information deemed critical by Sunset Networks will be exchanged over a secure connection and encrypted within our database.
If any aspect of this privacy policy changes, it will be updated on both our website and our User Agreement. If Sunset Networks deems the change particularly important, we will also notify clients via email.
What personal information does Sunset Networks collect?
REGISTRATION
During our registration process prior to using the site, Sunset Networks requires that you supply your name, e-mail address, phone number, and other identifying information. This information is used to establish your Sunset Networks account, and so that we may contact or identify you for support purposes.
ORDER/PURCHASE
During our ordering process, Sunset Networks requires that you provide us with method of payment and other associated information. This information will be encrypted and stored so that we my process future orders and subscription renewals upon approval. You here by agree and understand that sending your personal financial information via fax simile transmission to the restaurants of your choice is required to place orders through Sunset Networks and Orderup.com. Sunset Networks will make every effort possible to protect this information, however fax lines, machines and phone lines used to provide this transmission are not secured connections and are not protected with inscription technology. Sunset Networks assumes no responsibility for any fraudulent actions taken by any one who receives such transmission. Including but not limited to restaurant employees, officers, patrons, owners or subsidiaries. Sunset Networks LLC, Orderup.com And OrderUp LLC further state that it is possible for some one to receive your personal information in many ways unforeseeable to said parties at this time and it is strongly suggested that all customers review their personal banking statements on a regular basis to check for any suspected fraudulent activity and report it to their financial institution and legal authorities immediately. Any claims of fraudulent use of your personal information as a result of such transmissions are at the sole risk of the consumer.
E-MAIL
Sunset Networks will use the email address you provide at registration as the primary method for communicating account-related information with you.
DATA SECURITY
To prevent unauthorized access, maintain data accuracy, and ensure the use of information, we have put in place appropriate physical and electronic procedures to protect the information we collect online.
Will my information be used for marketing purposes by Sunset Networks or any other company?
Sunset Networks does not currently have any relationships with any third parties that may want or require your personal information. Therefore, you will not receive marketing messages from any company other than Sunset Networks.
Sunset Networks may, from time to time, choose to send email to our users in the form of a newsletter or special offer. Should we decide to send an email to our users, it will be sent ONLY to account owners and individuals that have an account with Sunset Networks.
REGISTRATION INFORMATION
You agree, as a condition of your use of the Sunset Networks Service, to provide Sunset Networks with accurate and complete information when registering for or using the Sunset Networks Service, and to update and maintain such information. Sunset Networks has the right to suspend, restrict or terminate your use of the Sunset Networks Service and to refuse any future use of all or portions of the Sunset Networks Service if Sunset Networks has reason to believe that you have failed to comply with these requirements.
MINIMUM AGE
If you are under the age of eighteen, you are prohibited from using or registering for the Sunset Networks Service. By using or registering for the Sunset Networks Service, you warrant to Sunset Networks that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the Sunset Networks Service is designed to appeal to a broad audience.
ACCOUNT SECURITY
When you are registered, you will establish a Sunset Networks ID and a PIN. You are responsible for protecting the confidentiality of your Sunset Networks ID and PIN, and you are fully responsible for all activities that occur under your Sunset Networks ID.
You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify Sunset Networks of any loss, compromise or unauthorized use of your Sunset Networks ID and PIN or any other breach of security. You may notify Sunset Networks by sending an e-mail to Support@Orderup.com or by writing to: Sunset Networks, 1700 Sunset Drive, Suite 826, Longwood, FL, 32750. Sunset Networks will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Sunset Networks ID and PIN.
CONSENT TO RECORD YOUR VOICE INPUTS
You agree and consent that Sunset Networks may record oral or voice communications, utterances, conversations or commands, made by you during the use of the Sunset Networks Service. By using the Sunset Networks Service, you expressly consent and grant to Sunset Networks the right to record and use these recordings.
RESTRICTION AND MODIFICATION OF SERVICE
You agree that Sunset Networks may limit your use of the Sunset Networks Service, including without limitation the frequency and duration for which you may access the Sunset Networks Service, and that Sunset Networks has no responsibility or liability for any unavailability or limitation on use of the Sunset Networks Service. In addition, Sunset Networks reserves the right at any time to limit: access to, modify, change or discontinue the Sunset Networks Service, or any part thereof, with or without notice. You agree that Sunset Networks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Sunset Networks Service. You acknowledge and agree that Sunset Networks may establish general practices and limits, which may not be published, concerning the use of the Sunset Networks Service You acknowledge that Sunset Networks reserves the right to terminate any inactive or dormant account(s). You agree and Sunset Networks reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
YOUR CONDUCT
As a condition of your use of the Sunset Networks Service, you agree and warrant to Sunset Networks that you will not use the Sunset Networks Service for any purpose that is unlawful or prohibited by the User Agreement. You may not use the Sunset Networks Service in any manner that could damage, impair, disable or overburden the Sunset Networks Service, interfere in any way with Sunset Networks rights, interfere in any way with any other user's use and enjoyment of the Sunset Networks Service, or otherwise infringe on any person's rights.
Specifically, you agree and warrant to Sunset Networks that:
• You will not use, or attempt to use, the Sunset Networks Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, indecent, objectionable, or invasive of another person's privacy or proprietary rights.
• You will follow the letter and spirit of the terms of the User Agreement and all applicable laws;
• You will not use, or attempt to use, the Sunset Networks Service in connection with any junk messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature;
• You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
• You will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Sunset Networks, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
• You will not resell, or attempt to resell, the use of the Sunset Networks Service without express, prior written consent/permission from Sunset Networks;
• You will not collect, or attempt to collect, or store information about the Sunset Networks Service or other users, including contact information, without their consent;
• You will not interfere, or attempt to interfere, with or disrupt connections to the Sunset Networks Service or violate the regulations, policies or procedures of such connections;
• You will not attempt to gain unauthorized access to the Sunset Networks Service, other accounts, computer systems or networks connected to the Service.
• You will not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password/PIN mining or any other means.
• You agree and Sunset Networks retains the right, at its sole discretion, to determine whether or not User's conduct is consistent with the letter and spirit of the User Agreement. Sunset Networks may immediately terminate User's Sunset Networks account if User’s conduct is found to be inconsistent with this User Agreement.
NO SPAM AND CONSENT TO DAMAGES
Sunset Networks will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to Sunset Networks (and our customer base) in numerous ways including, but not limited to, damaging the Sunset Networks brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumers, customer and business goals, activities, or relationships. Sunset Networks retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Sunset Networks; then you agree to pay Sunset Networks liquidated damages of $50.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Sunset Networks account; otherwise, you agree to pay Sunset Networks’ actual damages, to the extent such actual damages can be reasonably calculated by Sunset Networks.
COMPLIANCE WITH FEDERAL AND STATE REGULATIONS
User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National rules and regulations along with any other similar laws that may be applicable to User's use of the Sunset Networks Service. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the Sunset Networks Service will not cause Sunset Networks to violate these or similar laws.
User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the Sunset Networks Service will not cause Sunset Networks to violate these or other similar laws.
User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Sunset Networks Services will be applicable. User understands and agrees that Sunset Networks will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Sunset Networks Service.
NO RESPONSIBILITY FOR CONTENT
As part of the Sunset Networks Service, Sunset Networks may offer User access to communications, media and commerce services. Sunset Networks does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the Sunset Networks Service. You acknowledge that the Sunset Networks Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Sunset Networks has no obligation to screen, preview, or monitor such Content. By using the Sunset Networks Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Sunset Networks Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Sunset Networks be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the Sunset Networks Service.
DISCLOSURE
Sunset Networks may make identifiable information available to our employees and third parties with whom we contract. In addition, Sunset Networks may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Sunset Networks may make such uses of information you provide or Sunset Networks collects.
You acknowledge and agree that Sunset Networks may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of Sunset Networks, its users or the public. Sunset Networks does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Sunset Networks or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.
SERVICE FEES AND CHARGES
While the service provided by Sunset Networks and its affiliated web sites is provided free of extra or additional cost to the consumer. The consumer will see a charge of 5% of all orders placed through its affiliated web sites. This charge is not in addition to the price of the order but instead deducted from the cost of the order. This is explained in ways including but not limited to %% deposit, Reservation fee, restaurant contribution or online confirmation deposit. No matter the explanation it will not increase the amount of the order placed it will always be deducted form the amount the restaurant is allowed to charge. Any alleged violations by the restaurant shall be taken up with the restaurant directly and not Sunset Networks or its affiliated web sites.
All orders placed through Sunset Networks are final. All users as agreement to the terms of use of sunset Networks affiliated sites agree that all fees, deposits ect.. billed by Sunset Networks, Orderup.com or any other affiliated partners of Sunset Networks are non refundable. You also here by agree and understand that any orders placed through Sunset Networks Orderup.com or any affiliated sites to restaurants or other vendors on said networks are non refundable even in the event that customer does not show up at the restaurant to pick an order that has been placed or in the event that they change their mind. However the restaurants on said networks may reserve the right to cxl or provide refunds to customers for various reason at their own discretion.
TERM AND TERMINATION
Sunset Networks Service subscriptions shall automatically renew on a monthly basis.
SERVICE PROVIDERS
The Sunset Networks Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the Sunset Networks Service. Sunset Networks does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Sunset Networks is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve Sunset Networks. You agree that Sunset Networks is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.
LIABILITY DISCLAIMER YOU AGREE THAT:
A. IF YOU USE THE Sunset Networks SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE Sunset Networks SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Sunset Networks EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR Sunset Networks.net MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.
B. Sunset Networks DOES NOT WARRANT THAT (i) THE Sunset Networks SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Sunset Networks SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Sunset Networks SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Sunset Networks SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR Sunset Networks COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE Sunset Networks SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE Sunset Networks SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM Sunset Networks OR THROUGH OR FROM THE Sunset Networks SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT Sunset Networks SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Sunset Networks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE Sunset Networks SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Sunset Networks SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE Sunset Networks SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE Sunset Networks SERVICE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sunset Networks, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
PROPRIETARY RIGHTS
You acknowledge and agree that the Sunset Networks Service and any necessary software used in connection with the Sunset Networks Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Sunset Networks Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Sunset Networks Service, except as set forth herein. Sunset Networks, the Sunset Networks logo and other Sunset Networks logos, product and service names may be trademarks, service marks or other intellectual property of Sunset Networks (the " Sunset Networks Marks"). You agree not to display or use the Sunset Networks Marks in any manner without the prior, express written permission of Sunset Networks.
NOTICE
You agree that Sunset Networks may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail, phone or by posting of those notices on the Sunset Networks.com web site or through the Sunset Networks Service.
ENTIRE AGREEMENT
The User Agreement governs your use of the Sunset Networks Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Sunset Networks. They supersede any prior agreements between you and Sunset Networks. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Sunset Networks possesses with respect to this User Agreement.
GOVERNING LAW AND ARBITRATION
The User Agreement and the relationship between you and Sunset Networks shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sunset Networks Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Sunset Networks exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Longwood, Florida. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
MISCELLANEOUS
Any failure by Sunset Networks to exercise any rights or enforce any of the terms of this User Agreement shall not constitute a waiver of such rights or terms. If any portion of the User Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties' intentions expressed herein. All other provisions of the User Agreement remain in full force and effect.