CityMint – Terms of Service

Thank you for using CityMint!

PLEASE READ THESE TERMS OF USE CAREFULLY -- CREATION AND USE OF AN ACCOUNT ON THIS APPLICATION SIGNIFIES YOUR AGREEMENT WITH THESE TERMS OF USE.

1. General. CityMint has the right at any time to change or discontinue any aspect or feature of the product, including, without limitation, its content and hours of availability. The CiytMint merchant network is solely a facilitator of communications between merchants and users. CityMint is in no way responsible for the quality of goods or services offered by its merchant members..
2. AVAILABILITY OF SERVICES. CityMint is not responsible for any limitations of the network. In the event your network provider fails to deliver any communication to CityMint or a provider of any Product in timely fashion, due to, but not limited to, mobile network failure or non-compatibility of your phone model with the Services, you acknowledge and agree that CityMint shall not liable for any loss or damage. In addition and without limiting the foregoing, in no event will CityMint be liable for any error by you in using the Services, including submission of an order or other message.
3. MODIFICATION OF SERVICES. CityMint reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Menu Catalogue. CityMint shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
4. Email. CityMint will not give away or sell your email, we transmit orders to restaurants and email you directly from our servers, so restaurants do not actually receive your email address, and by providing your email address, you are agreeing to receive promotional emails from CityMint. If you wish to be removed from our email list just send us an email at service@citymint.com or click unsubscribe on any email from us.
5. PAYMENT & BILLING. You acknowledge and agree that for each order you place through the Service, the full cost of Products you order (for which prices are subject to change without notice). You assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account, regardless of whether you actually receive the Products. In addition, you agree to pay all fees charged by your Carrier in connection with your use of the Services. You acknowledge and agree that these rates depend on the applicable Carrier and your personal subscription package with that Carrier.
   
6. Pricing. The information regarding price, product specifications and availability contained on this site has been provided by the best of our knowledge. The prices charged by the restaurants are the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although CityMint attempts to make certain that the prices listed on our product and those posted in the stores on the date they are viewed on the site are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change, particularly if you select a delivery or pickup date that is different from the date on which you place your order. Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the site are different, the checkout price will prevail in every case.
7. Health Care Surcharge.  Restaurants in some cities may add a health care fee onto the bill, you will be responsible to pay this additional surcharge.

While CityMint has undertaken to confirm the accuracy of the information contained on this site, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. CityMint does not make any representations as to the timeliness, accuracy, reliability or completeness of any of the information contained on this site. Of course, if you become aware that our site contains inaccurate information, please let us know by contacting us.

Restrictions on Use.

A. The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content of this site, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of CampusMint, Inc and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

B. The foregoing provisions are for the benefit of CityMint, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

C. CityMint grants you a limited license to access and to make strictly personal use of our product, and any unauthorized use terminates all permission or license granted by CityMint.

You are not authorized to use data mining, robots, or any other data gathering or extraction tools. You are not authorized to download or copy any account information for the benefit of any merchant. You are not authorized to download (other than page caching), copy or modify any material on this site. You are not authorized to resell or make any commercial use of this site or any of the contents of this site, including any collection or use of any product listings, descriptions, or prices. You are not authorized to make any derivative use of this site or its contents. No portion of this site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CityMint. You may not use any meta tags or any other "hidden text" using CityMint’s name or trademarks.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CityMint (www.citymint.com) so long as the link does not portray CityMint, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the CityMint logo or other proprietary graphic or trademark as part of the link.

Disclaimer of Warranty; Limitation of Liability.

A. You expressly agree that use of this product is at your sole risk. Neither CityMint, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy or reliability of any information, service, or merchandise provided through the site.

B. The site is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose. Additionally, there are no warranties as to the results obtained from the use of this site.

C. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action.

D. In no event will CityMint, or any person or entity involved in creating, producing or distributing the site or the content included therein be liable in contract, in tort (including for its own negligence), or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use or inability to use this site. You hereby acknowledge that the provisions of this section shall apply to all use and content of this site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall CityMint’s total liability to you for all damages, loss and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this site

Indemnification.

You agree to defend, indemnify and hold harmless CityMint and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the product

Trademarks.

The CityMint trade name, trademark and logo, and the trademarks and logos of vendors appearing on this site are trademarks of CampusMint, Inc. and the vendors, respectively. All other trademarks appearing on the site are the property of their respective owners

Changed Terms.

CityMint has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

Miscellaneous.

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of California without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.