Welcome to Menuest ("we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, then you must not access or use our Service. If you create an account, access, or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf, and by creating an account, accessing, or using the Service you accept these Terms on their behalf, and on behalf of yourself, because both of you hereby argee to these Terms.
By accessing or using Menuest, you irrevocably agree to comply with and be legally bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you are prohibited from using or accessing our Service. If you create an account, access, or use the Service on behalf of another person or entity, you must have the authority to accept these Terms on their behalf, and by creating an account, accessing, or using the Service you accept these Terms on their behalf, and on behalf of yourself, because both of you hereby argee to these Terms.
You must be at least 18 years old to use Menuest. By using our Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
To access certain features or functionality of our Service, you are required to create an account. You agree to provide accurate, current, and complete information during the account registration process. Menuest reserves the right to verify any information provided, and to refuse service to anyone for any legal reason at any time.
You are responsible for maintaining the confidentiality of your account credentials (including your password), and for all activities that occur under your account. Menuest will not be liable for any loss or damage arising from your failure to secure your account.
We reserve the absolute right to terminate or suspend your account at any time and at our sole discretion, without notice or liability, including without limitation and without compensation to you, for conduct that violates these Terms or is harmful to other users, or for conduct that we deem to be harmful to us or the Service, or for any other legal reason, or for no reason at all. Upon termination or suspension, all rights granted to you under these Terms will immediately cease.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Menuest strictly in accordance with these Terms for your personal, non-commercial purposes. Any other use is prohibited.
Usage Limits and Rate Limiting: We reserve the right to impose limits on your usage of the Service, including rate limits, to ensure optimal performance and prevent abuse. Excessive, automated, or otherwise abusive use may result in temporary or permanent restrictions on your access to the Service.
You agree NOT to:
You agree that if you engage in a prohibited activity, or otherwise violate these Terms of Service, then you agree to pay Menuest liquidated damages in the amount of Ten Billion United States Dollars ($10,000,000,000), and you agree to pay the owners of Menuest liquidated damages in the amount of Ten Billion United States Dollars ($10,000,000,000). Also, if the $10,000,000,000 amount is ever found to be unenforceable, then you agree to pay One Billion United States Dollars ($1,000,000,000) instead, and if the $1,000,000,000 amount is ever found to be unenforceable, then you agree to pay One Hundred Million United States Dollars ($100,000,000) instead, and if the $100,000,000 amount is ever found to be unenforceable, then you agree to pay Fifty Million United States Dollars ($50,000,000) instead, and if the $50,000,000 amount is ever found to be unenforceable, then you agree to pay Twenty Five Million United States Dollars ($25,000,000) instead, and if the $25,000,000 amount is ever found to be unenforceable, then you agree to pay Ten Million United States Dollars ($10,000,000) instead, and if the $10,000,000 amount is found to be unenforceable, then you agree to pay Five Million United States Dollars ($5,000,000) instead, and if the $5,000,000 amount is found to be unenforceable, then you agree to pay Two Million United States Dollars ($2,000,000) instead, and if the $2,000,000 amount is found to be unenforceable, then you agree to pay One Million United States Dollars ($1,000,000) instead. Additionally, you agree that any entity (e.g., LLC, corporation, company, business, trust, partnership, government, or other entity) on whose behalf you access or use our Service ("Associated Entity") will also be liable for the entire amount of liquidated damages. You and the Associated Entity shall be jointly and severally liable to pay Menuest, and the owners of Menuest, the full amount of the liquidated damages.
All content, code, designs, features, and functionality on Menuest, including but not limited to text, graphics, logos, images, code (e.g., source code), and software, are the exclusive property of Menuest or its licensors, and are protected by copyright, trademark, patent, and other intellectual property laws. You agree that you are aware of, and will not infringe, any of our intellectual property, including, but not limited to, property or art protected by copyright law (and/or trademark law, trade secret law, and/or patent law), and the following utility patents: Patent No. 11,250,008, Patent No. 11,704,323, and Patent No. 12,079,229. All trademarks, service marks, logos, trade names, and trade dress ("Trademarks") displayed on Menuest are the exclusive property of Menuest or its licensors. These Trademarks are protected by United States and international trademark laws. You acknowledge that you have no rights in or to any of our intellectual property except as expressly granted in these Terms.
You may not reproduce, copy, distribute, modify, create derivative works of, reverse engineer, decompile, disassemble, publicly display, or exploit any part of the Service without our prior written consent. Any unauthorized use may violate copyright, trademark, patent, and other laws.
Any suggestions, ideas, comments, data, information, or other feedback you provide to Menuest (and/or to any of the owners, shareholders, employees, workers, developers, agents, personnel, affiliates, directors, officers, or operators of Menuest) regarding the Service ("Feedback") shall be the sole and exclusive property of Menuest. By providing any Feedback, you hereby irrevocably assign and license all right, title, and interest in and to such Feedback to Menuest without any compensation or further obligation to you. We appreciate your Feedback, and you agree that we may use it without restriction and without compensation to you. Additionally, any suggestions, ideas, comments, data, information, or Feedback you provide to Menuest (and/or to any of the owners, shareholders, employees, workers, developers, agents, personnel, affiliates, directors, officers, or operators of Menuest) regarding anything shall be the sole and exclusive property of Menuest, and by providing any suggestions, ideas, comments, data, or information, you hereby irrevocably assign and license all right, title, and interest in and to such suggestions, ideas, comments, data, or information to Menuest, in perpetuity, without restriction, and without any compensation or further obligation to you. We appreciate your Feedback, and you agree that we may use it without restriction and without compensation to you.
You are solely responsible for any actions, information or content you (or your account) upload, submit, or otherwise make available through Menuest ("User Content"). You represent and warrant that you have all necessary rights to grant us the permissions set forth below. You may provide input to our Service (“Input”), and receive output from our Service (“Output”). You are responsible for the Input and Output, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Service. Also, you agree to only add or upload an image comprising a respective content (e.g., a menu item from a restaurant or other commercial source) from a respective and corresponding source. You agree that you will not upload an AI generated image and will only upload an unaltered image that was captured by a phone, tablet, or camera in real life. You agree that you will only upload an image if you are the copyright owner. We may use User Content for anything and for any reason, including to provide, advertise, maintain, develop, and improve our Service (or another service), comply with applicable law, enforce our terms and policies, and keep our Service safe. Furthermore, we may use User Content for anything and for any reason, including for (or to help with) the development or training of AI models (or other systems, services, or products) or any form of automated (or manual) processing. Also, you agree that Menuest can, without your permission (or anyone else's permission) and without notifying you or anyone else, change, edit, make ineffective, use, move, or remove a category name, an unlisted category name, a menu item description, a menu item name, an image, a source name, a source website, hours of operation, a source address, and/or anything else.
You represent and warrant that:
(i) you are the sole and exclusive owner of all rights, title, and interest in any Input or content (e.g., image or video) you upload or add to Menuest;
(ii) you have full authority to add or upload and license the Input or content (e.g., image or video) to Menuest without any restriction or conflicting obligation;
(iii) neither the upload nor Menuest’s use of the Input (e.g., image or video) or content will infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party; and
(iv) the Input or content (e.g, image or video) is free of any liens, encumbrances, or third-party claims.
You agree to indemnify, defend, and hold harmless Menuest, its affiliates and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or relating to any breach of these representations and warranties, and from any violation of these Terms.
By submitting User Content, you grant Menuest an irrevocable, worldwide (and beyond), perpetual, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform your User Content for any reason (and at any time), including in connection with providing and promoting the Service (or any other service or product), and you agree that we can do anything in this paragraph (and anything in these Terms) without restriction and without compensation to you. Furthermore, we may use User Content for anything and for any reason, including but not limited to (or to help with) the development or training of AI models (or other systems, services, or products) or any form of automated (or manual) processing.
Furthermore, you agree and give permission to Menuest to change, edit, remove, and/or add content, images, information, names, descriptions, categories, and/or unlisted categories; and/or to make any of them ineffective (e.g., ineffective at identifying content for search results, etc) or otherwise modify anything, at our sole discretion, without further notice, and without compensation.
You agree not to submit any User Content that is unlawful, defamatory, obscene, invasive of privacy, infringing, untrue, inaccurate, misleading, or otherwise objectionable. Menuest reserves the right to remove, move, change, edit, or delete any User Content at its sole discretion. Menuest may limit or remove your ability to use the Service, or any part(s) thereof, for any reason, or no reason at all. For example, Menuest may limit or remove your ability to add or upload images or other User Content for any reason. You also agree that, for any reason, or for no reason at all, Menuest may remove or delete (or use) any images that you have previously uploaded, or any other User Content, at any time, without prior notice, without notice, and without compensation to you.
Menuest may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse and are not responsible for the content, privacy policies, or practices of any third-party sites or services. You acknowledge and agree that Menuest shall not be liable for any damage, harm, or loss caused by your use of any third-party services, or our Service. Our Service may include “Third Party Services” (e.g., third party software, products, or services), and some parts of our Service may include output from one or more of those services (“Third Party Output”). Third Party Services and Third Party Output are subject to their own terms, and we are not responsible for them. Menuest includes MenuestAI which uses a third-party API, and we are not responsible for, and do not guarantee accuracy for the content (e.g., output), privacy policies, or practices of MenuestAI, or of any third-party sites, services, or APIs.
In addition, our Service may display or link to third-party listings that include products or services subject to age restrictions (such as alcohol, healthcare services, or other regulated items). We do not verify the legality or age compliance of transactions facilitated by these third-party vendors. Any age verification, restrictions, or requirements are solely the responsibility of the vendor. By using our Service, you agree to comply with any and all age restrictions applicable when engaging with these vendors (or customers) or accessing content that includes age-restricted items. Menuest expressly disclaims any responsibility for ensuring that such age restrictions are enforced by the third party and shall not be liable for any issues that arise from a vendor’s failure to require appropriate age verification.
Menuest is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUR SERVICE (FOR EXAMPLE, ANY OUTPUTS, INFORMATION, RESULTS, OR CONTENT FROM OR FOR OUR SERVICE) IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
We do not guarantee the accuracy, completeness, or usefulness of any information provided through the Service. Any reliance you place on such information is strictly at your own risk. You agree that you will double check all information with any and all sources to make sure that you have the accurate and up-to-date information. You agree that we will not be liable for any loss or damage arising from your reliance on such information. You agree that you understand that prices and/or other information may be incorrect and/or outdated, and you promise to verify all information with any and all sources. Use of our Service may, in some situations, result in Output that does not accurately reflect real people, places, or facts. Output or content may not always be accurate. You should not rely on Output or content from our Service as a sole source of truth or factual information, or as a substitute for professional advice. You must evaluate Output and content for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing Output or content from our Service. You must not use any Output or content relating to a person (or entity, business, source, etc) for any purpose that could have a legal or material impact on that person (or entity, business, source, etc), such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. Our Service may provide incomplete, incorrect, or offensive Output or content that does not represent Menuest’s views. If Output or content references any third party products or services, it doesn’t mean the third party endorses or is affiliated with Menuest.
You agree that a source's menu (and any part(s) thereof), content, or information may not look or be exactly the same as a menu, content, or information you would see at the source's location (or directly from the source or otherwise) because, for example, a menu, content, or information (e.g., a category name, and/or etc) may have been changed, added, or deleted in order to try and make Menuest work properly (or more properly) and/or optimally (or more optimally). You agree that Menuest has your permission to do anything it wants in pursuance of making Menuest work better, more properly, and/or more optimally, and you agree that this is within Menuest's sole discretion and that you have no right to information in this regard, and you will not ask for information in regard to this. You agree that we will not be liable for any loss or damage arising from Output, information, or content from our Service. You agree that we will not be liable for any loss, confusion, or damage arising from your (or anyone's) reliance on Output, information, or content from our Service. You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from your reliance on information (e.g., menu information) displayed on the Service.
You acknowledge and agree that your use of the Service is entirely at your own risk, that you assume full and complete responsibility for any and all resulting harm or loss, and that Menuest shall have no liability whatsoever for any such harm or loss. You are solely responsible for verifying the accuracy, legality, quality, safety, and suitability of any activities, information, or interactions facilitated through the Service.
The Service may reference foods that are raw, undercooked, unpasteurized, or otherwise prepared or cooked in ways that can increase the risk of foodborne illness (including, without limitation, meats, poultry, seafood, eggs, dairy, and sprouts). BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU ALONE ARE RESPONSIBLE for evaluating and confirming the safety of any food (or beverage or other content) you select, order, prepare, or consume (or otherwise engage with)—including verifying ingredients and preparation methods, recalls, doneness/temperature, freshness, allergen and cross-contamination risks, and any restaurant, retailer, or governmental advisories. You understand and voluntarily assume all risks associated with such foods and agree that, to the maximum extent permitted by law, Menuest and its affiliates, partners, and suppliers are not liable for any illness, injury, or damages arising from your selection, preparation, or consumption of food. We do not prepare or control third-party food offerings and make no warranties regarding their safety or suitability. This provision applies regardless of whether information appears on the Service and survives termination of your account or use of the Service. You acknowledge and agree that consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs will increase your risk of foodborne illness, and you agree that you will not consume raw or undercooked items (or any other unsafe or risky items), including but not limited to meats, poultry, seafood, shellfish, and eggs. You agree that you will only consume content (e.g., food or beverages) that all regulating authorities (e.g., FDA, USDA, local health authorities, etc) have approved for consumption and would say it is safe and legal for you to consume (e.g., eat, drink, ingest, intake, etc). You agree that you will only consume content (e.g., food or beverages) that you have verified with the source (e.g., restaurant, vendor, or other food or beverage provider) to be safe and desired for consumption for you considering all your characterisitics (e.g., allergies, dietary restrictions, religious considerations, age, medical condition(s), preference(s), and/or other characteristics).
You understand and agree that Menuest does not guarantee the accuracy of any menu items, ingredients, allergen information, or preparation methods displayed on the Service. You acknowledge that menu items, ingredients, and preparation methods may change without notice, and that cross-contamination may occur during food preparation. You agree that it is your sole responsibility to verify all ingredients, preparation methods, and allergen information directly with the source (e.g., restaurant, vendor, or other food or beverage provider) before consuming any food or beverage items (or other items). You understand that failure to do so could result in allergic reactions, illness, injury, or death. You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from your reliance on information (e.g., menu information) displayed on the Service. You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from information (e.g., menu information) displayed or not displayed on the Service. You acknowledge that certain medical conditions, allergies, or dietary restrictions may require special food preparation methods or ingredient exclusions, and you agree that it is your responsibility to communicate these requirements directly to the food or beverage provider. You agree that Menuest shall not be liable for any adverse reactions, illness, injury, or death resulting from from food or beverage consumption (or other consumption), regardless of whether the menu information (e.g., name(s), category(ies), description(s), image(s), and/or other information) displayed was accurate or inaccurate. You agree that you have read and agree to the Terms of Service, that you will verify all information, ingredients, and allergens directly with the source (e.g., restaurant) and content provider for safety, and you will not rely on information or content displayed on Menuest because, for example, it may be inaccurate, incomplete, outdated, etc. Furthermore, you agree that you will always advise and inform all sources and content providers of any and all allergens, dietary restrictions, and all other safety concerns and safety information. You agree and acknowledge that Menuest has errors and omissions, and information (e.g., content) displayed on Menuest may be inaccurate, incomplete, outdated, or otherwise incorrect. You agree that you will verify all information, ingredients, and allergens directly with sources (e.g., restaurants) and content providers for safety.
You acknowledge and agree that Menuest is an “interactive computer service” as defined by 47 U.S.C. § 230(f)(2) and that Menuest and its owners, affiliates, directors, officers, employees, agents, service providers, and licensors are entitled to all protections and immunities afforded by Section 230 of the Communications Decency Act. Accordingly, Menuest cannot be treated as the publisher or speaker of any information provided by another information‑content provider (including any User Content), and you agree not to hold Menuest liable for such third‑party content. Nothing in these Terms waives or limits any immunity, defense, or right available to Menuest under Section 230 or any other applicable law.
To the fullest extent permitted by law, Menuest and its owners, affiliates, directors, employees, agents, personnel, developers, engineers, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from your reliance on information (e.g., menu information displayed on Menuest, etc). You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from anything Menuest has or has not done.
In no event shall Menuest's total liability to you for all claims arising out of or relating to these Terms or use of our Service exceed the amount you have paid to Menuest (if any). You also agree that in no event shall Menuest's total liability to you for all claims arising out of or relating to these Terms or your use of our Service (and/or one or more other peoples (or entities, sources, businesses, etc) use of our Service) exceed the amount you have paid to Menuest (if any). You also agree that in no event shall Menuest's total liability to you exceed the amount you have paid to Menuest (if any). You also agree that in no event shall Menuest's total liability to you exceed the amount you have paid to Menuest (if any), and you agree that you will always argue (e.g., in a court of law (or arbitration) or document therefore) in our favor in this regard.
NEITHER WE NOR ANY OF OUR CURRENT, PAST, AND FUTURE AFFILIATES, AGENTS, OWNERS, EMPLOYEES, ENGINEERS, DIRECTORS, OFFICERS, PERSONNEL, LAWYERS, SERVICE PROVIDERS, DEVELOPERS, SUPPLIERS, LICENSORS, AND DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNT YOU HAVE PAID TO MENUEST (IF ANY). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.
MENUEST’S CURRENT, PAST, AND FUTURE AFFILIATES, AGENTS, OWNERS, EMPLOYEES, ENGINEERS, DIRECTORS, OFFICERS, PERSONNEL, LAWYERS, SERVICE PROVIDERS, DEVELOPERS, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
You agree to defend, indemnify, and hold harmless Menuest and its past, current, and future affiliates, employees, developers, engineers, directors, officers, owners, agents, personnel, lawyers, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use (or access) of the Service, including any User Content submitted by you or other users. To the extent permitted by law, you (whether you are a business, organization, entity, person, government, agency, etc) will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to your use of the Service and content or any violation of these Terms. You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from your reliance on information (e.g., menu information). You agree to release and hold harmless Menuest from any claims, damages, or losses resulting from anything Menuest has or has not done.
Your obligation to indemnify extends to all claims, suits, investigations, damages, losses, costs, and expenses of any kind (including attorneys’ fees and legal costs), even if such claims arise from Menuest’s own negligence, to the maximum extent permitted by law.
By accessing or using our Service, you irrevocably waive your right to file any lawsuit or claim against Menuest, its affiliates, directors, employees, agents, personnel, developers, engineers, lawyers, officers, directors, owners, suppliers, or licensors arising out of or related to your use of the Service. Also, by accessing or using our Service, you agree to waive your right to file any lawsuit or claim against Menuest, its affiliates, directors, employees, agents, personnel, developers, engineers, owners, lawyers, officers, directors, suppliers, or licensors for any and all reason(s). Additionally, you waive your right to participate in any class action lawsuit or class-wide arbitration.
In the event that you breach this waiver and initiate legal action (e.g., by filing a lawsuit) against Menuest, its affiliates, directors, employees, agents, personnel, developers, engineers, lawyers, officers, directors, owners (e.g., shareholders), suppliers, or licensors, you agree to pay Menuest liquidated damages in the amount of Ten Billion United States Dollars ($10,000,000,000), and you agree to pay the owners of Menuest liquidated damages in the amount of Ten Billion United States Dollars ($10,000,000,000). Also, if the $10,000,000,000 amount is ever found to be unenforceable, then you agree to pay One Billion United States Dollars ($1,000,000,000) instead, and if the $1,000,000,000 amount is ever found to be unenforceable, then you agree to pay One Hundred Million United States Dollars ($100,000,000) instead, and if the $100,000,000 amount is ever found to be unenforceable, then you agree to pay Fifty Million United States Dollars ($50,000,000) instead, and if the $50,000,000 amount is ever found to be unenforceable, then you agree to pay Twenty Five Million United States Dollars ($25,000,000) instead, and if the $25,000,000 amount is ever found to be unenforceable, then you agree to pay Ten Million United States Dollars ($10,000,000) instead, and if the $10,000,000 amount is found to be unenforceable, then you agree to pay Five Million United States Dollars ($5,000,000) instead, and if the $5,000,000 amount is found to be unenforceable, then you agree to pay Two Million United States Dollars ($2,000,000) instead, and if the $2,000,000 amount is found to be unenforceable, then you agree to pay One Million United States Dollars ($1,000,000) instead. Additionally, you agree that any entity (e.g., LLC, corporation, company, business, trust, partnership, government, or other entity) on whose behalf you access or use our Service ("Associated Entity") will also be liable for the entire amount of liquidated damages. You and the Associated Entity shall be jointly and severally liable to pay Menuest, and the owners of Menuest, the full amount of the liquidated damages. You also agree that the entire amount of liquidated damages will be paid before initiating any legal action, or within five (5) days of initiating such legal action; also, you agree that failure to do so will constitute consent for a motion to dismiss the legal action, and you agree that you will voluntarily withdraw the legal action and permanently dismiss the case with prejudice. You agree that you will inform every authority (e.g., court, judge, arbitrator, government, etc) that you want the legal action that you initiated dismissed and withdrawn.
You agree that you will pay for any and all legal fees and costs that Menuest (and/or the owners, shareholders, employees, workers, developers, agents, personnel, affiliates, directors, officers, or operators of Menuest) may incur as a result of your legal action(s) (e.g., lawsuit), and you agree to pay Menuest Ten Million United States Dollars ($10,000,000) before initiating any legal action, or within five (5) days of initiating such legal action, so Menuest can pay for the legal fees and costs that Menuest may incur as a result of your legal action(s) (including before, through, and after appealing). Also, in addition to the Ten Million United States Dollars ($10,000,000) from the previous sentence, you also agree to pay any and all legal fees and costs that one or more attorneys and/or law firms request or demand in order for them to defend Menuest (and/or the owners, shareholders, employees, workers, developers, agents, personnel, affiliates, directors, officers, or operators of Menuest) against any and all of your legal actions, claims, suits, investigations, damages, losses, costs, and expenses; also, you agree to pay that amount within five (5) days of a request or demand from one or more attorneys and/or law firms that represent Menuest (or the owners, shareholders, employees, workers, developers, agents, personnel, affiliates, directors, officers, or operators of Menuest) for one or more legal actions that you initiated. You agree that Menuest (or the owners, shareholders, employees, workers, developers, agents, personnel, affiliates, directors, officers, or operators of Menuest) can pick, and that you will pay in advance for, any law firm(s) and/or attorney(s) licensed to practice in the United States of America. You agree and hereby consent to a motion to dismiss, and promise to withdraw any legal action, claim, suit, investigation, and the like, that you initiated, if all of the law firm(s) and/or attorney(s) have not confirmed that the advanced payment has been received. We agree and promise that any and all money not used from the Ten Million United States Dollars ($10,000,000) will be returned to you after you sign an unconditional release and waiver (drafted by one or more of our attorneys) regarding any and all legal actions, claims, suits, investigations, and the like.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation, if you breach the Terms. Upon termination, your right to use the Service will immediately cease, and you agree to promptly delete all copies of any materials, code, content, data, or information obtained through the Service. We may decide (or be forced to) to discontinue our Service at any time, and you agree and acknowledge that we may terminate your access to the Service at any time, without notice or liability.
Menuest collects and processes personal data and content to provide and improve our Service, communicate with you, and comply with legal obligations. The types of personal data we collect (or may collect) include, but are not limited to the following:
We use your data for the following purposes:
Menuest employs appropriate technical and organizational measures to protect your personal data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption, access controls, and secure data storage practices. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security. You agree that we will not be liable for any damages or harm arising from the use of your personal data or commercial data.
We retain your personal data for as long as we are legally allowed to, and we do so in order to help us operate and improve your experience.
We (and/or third parties that we engage or use) maintain encrypted, access-restricted backups of our systems for disaster recovery, security, business continuity, and other business purposes. Backups may be retained and then overwritten in the ordinary course of business; retention may vary due to, for example, technical or financial constraints, business practices, legal requirements, investigations, or legal holds. We may change backup practices at any time as permitted by law.
When you delete your account, any part(s) of your history, one or more images, or request deletion of data, one or more copies may persist in one or more backups until those backups expire, get deleted, or are overwritten. If a binding law or order requires removal from a backup, we will comply to the extent required.
If we restore a backup, we will try to re-apply any account, history, image, or data deletions recorded prior to the restore so that it does not reappear in active systems. You agree that we will not be liable for any damages or harm arising from the restoration of a backup, whether or not we re-apply the account, history, image, or data deletions.
We may retain certain information as necessary to comply with law, enforce our terms, prevent fraud or abuse, maintain security, or address disputes. Where retention is required by law or order, deletion may be delayed or declined to the extent permitted by law.
Menuest uses cookies and tracking technologies to enhance your experience on our Service. Cookies and tracking technologies help us, for example, understand how you use the Service, customize content, and improve functionality. By using our Service, you consent to our use of cookies and tracking technologies.
You agree that we can provide a source (and/or relevant authorities) your phone number and email if your account tries to become an admin for the source (e.g., restaurant, healthcare provider, store, car dealership, vendor, website, business, or other source), whether accidentally, purposefully, or otherwise; moreover, you agree that we are doing the foregoing to help address one or more potential security and/or safety concerns. You agree that we can provide any information we have for you to a relevant authority if we are required by law to do so. You agree that we can call, text message, mail, and/or email you at any time, and for any reason(s), including but not limited to advertising, promotional, verification (e.g., password reset verification code, phone number verification for account creation, etc), and/or marketing purposes; furthermore, you agree that we can do the foregoing free of charge and without compensation or reimbursement to you, and you also agree that we will not be liable for anything because we did the foregoing. For example, we may use your information to send you promotional offers, to send you information about our Service (or about something else), and to ask you one or more questions. Also, we may use your information to send you information or advertisements about products or services that we offer, and we may use your information to send you information or advertisements about products or services offered by another party (e.g., a source you gave a thumbs up, or the respective source for a corresponding image you gave a thumbs up, etc).
We reserve the right to modify these data protection clauses at any time. Any changes will be effective immediately upon posting to the Service. It is your responsibility to review these clauses periodically for updates.
These Terms shall be governed and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in San Francisco, California, for any disputes arising out of or relating to these Terms or the Service. California law will govern these Terms except for its conflicts of laws principles. Except as provided in the dispute resolution section(s) of these Terms, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
Unless Menuest decides otherwise, any disputes arising out of or relating to these Terms or the Service shall be resolved through final and binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. The arbitrator's decision shall be final and binding (unless Menuest chooses to have the arbitrator's decision vacated, and to start over in, or appeal to a court located in the United States of America within 120 days of the arbitrator's decision), and judgment on the award rendered by the arbitrator may be entered and recorded in any United States or foreign court.
Unless Menuest decides otherwise, either of us may commence arbitration with National Arbitration and Mediation (“NAM”). The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of San Francisco, California have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute. You agree that informal dispute resolution or arbitration is NOT required for the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Service or intellectual property infringement or misappropriation. You agree that Menuest may not be held liable for any claim brought in small claims court (or any other court). You agree that Menuest may choose that informal dispute resolution or arbitration is NOT required, and you agree that Menuest has the unilateral right to file any legal action in any court, at any time. You agree that Menuest has the unilateral right to cancel and dismiss any arbitration or dispute resolution proceeding within 30 days of the arbiter's appointment by telling you or the arbiter in writing that Menuest wants to cancel or dismiss the arbitration, and you agree that Menuest can instead force you to file a suit, action, or complaint with a court located in San Francisco, California.
You agree that any arbitration shall be conducted on an individual basis and that you waive your right to participate in a class action lawsuit or class-wide arbitration. This waiver is intended to be as broad as permitted by applicable law. You and Menuest agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Menuest agree that NAM will administer them in batches of up to 50 claimants each (“Batch”), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.
All fees, charges, and payments made to Menuest are final and non-refundable. You irrevocably waive any and all rights to seek or receive a refund of any amounts paid, regardless of circumstance, to the fullest extent permitted by applicable law. Under no circumstances shall Menuest be obligated to provide a refund.
We reserve the absolute right to modify or replace these Terms at any time, without prior notice. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms. It is your responsibility to review these Terms periodically for changes.
You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Service.
If any word(s), sentence(s), paragraph(s), and/or provision(s) of these Terms is held to be invalid or unenforceable by a court, judge, arbiter, and/or other authority, then the remaining word(s), sentence(s), paragraph(s), and provision(s) of these Terms will remain in full force and effect. The invalid or unenforceable word(s), sentence(s), paragraph(s), and/or provision(s) shall be replaced by the authority with valid and enforceable language that most closely matches the intent of the original.
These Terms contain the entire agreement between you and Menuest regarding your access and use of the Service and supersede all prior or contemporaneous agreements, understandings, and representations.
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