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Terms of Use - Members This Agreement ("Agreement") is by and between BogoMenu.com ("BogoMenu.com") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of BogoMenu.com services ("Services") and explains BogoMenu.com's obligations to You and Your obligations to BogoMenu.com in relation to the Services You purchase. 1. LIMITATION OF LIABILITY & INDEMNIFICATION In no event shall BogoMenu.com, our parent, or our employees be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our web site, Services, or this Agreement. You agree to defend, indemnify and hold BogoMenu.com harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account or Services with BogoMenu.com whether or not on Your behalf, and whether or not with Your permission) use of Services. 2. NO UNLAWFUL CONDUCT OR IMPROPER USE You agree not to use Services for any purposes that are unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. BogoMenu.com may terminate Your account or Your use of Services if BogoMenu.com determines, in its sole discretion, that You are using Services in association with morally or otherwise objectionable activities. Such objectionable activities might include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or vulgar, obscene, invasive of the privacy of a third party. 3. INTELLECTUAL PROPERTY You agree that BogoMenu.com, its licensors, and/or any entities offering promotions or services through BogoMenu.com, hold all rights, title, and interest in intellectual property featured in BogoMenu.com web site and Services (including other rights related to intangible property) unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in such Intellectual Properly. 4. ACTIONS OF THIRD PARTIES I understand and agree that BogoMenu.com does not make any guarantees concerning third parties who are affiliated with, connected to, or which provide promotions and/or other services through BogoMenu.com. BogoMenu.com does not make any guarantees as to the promotions or services offered by such parties and will not be held liable for any actions or the lack thereof of such parties, or incidental or consequential damages arising from or in connection with such third parties. 5. MODIFICATIONS TO SERVICES OR AGREEMENT You understand that BogoMenu.com may sometimes modify Services or this Agreement. You agree to be bound by any such changes BogoMenu.com reasonably makes to Services or Agreement if and when such changes are made. 6. TERMINATION OF YOUR ACCOUNT AND SERVICES To terminate Your account with BogoMenu.com, You must provide verifiable notification of Your intent to terminate. BogoMenu.com may terminate Your account or Your access to Services at any time, without notice, for any reason whatsoever. 7. ACCOUNT SECURITY You agree that BogoMenu.com will not be liable for any loss that You may incur as a result of someone else using Your account access Information (such as Your login name and password), either with or without Your knowledge. BogoMenu.com disclaims liability for any activity in Your account, whether authorized by You or not. 8. PRIVACY See Privacy Policy. 9. NOTICES AND COMMUNICATION You agree that all notices (except for notices concerning breach of this Agreement) from BogoMenu.com to You may be posted on our web site. Notices from You to BogoMenu.com shall be made by either of the following: by email, sent to the email address provided on the BogoMenu.com web site, or by first class mail, sent to BogoMenu.com's mailing address provided on BogoMenu.com web site. 10. SERVICE INTERRUPTIONS BogoMenu.com will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold BogoMenu.com liable for any of the consequences of such interruptions. 11. SEVERABILITY If any part of this Agreement is determined to be unenforceable or invalid, that part of Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to Agreement. The remaining terms and conditions of Agreement will remain in full force and effect.
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