GetMunch.com

Date of Last Revision: 07/23/2008

GetMunch is a unique access to the diverse community of locally owned restaurants. Our members explore dining options, share their experiences, and enjoy helping keep money in our communities. Loyalty is the foundation of every relationship and members reap rewards for their loyalty with gift certificates and other benefits when they visit GetMunch restaurants.

The GetMunch website, Member Card, and all features or content offered by GetMunch (collectively, the “GetMunch Service(s)”) are operated in exclusivity by Get Munch LLC. By taking part in any of the GetMunch Services, including but not limited to, accessing or using the GetMunch website, at http://www.getmunch.com/, you (“the User”), whether or not you are a member, signify that you have read and agree to be bound by the Terms of Use (Terms) set forth below (herein).

GetMunch may, at its discretion, update the Terms by which the User may use GetMunch Services. Updated Terms are effective immediately upon being posted on the GetMunch website. It is the responsibility of the user to read the Terms from time to time to ensure compliance and acceptance. Current Terms may be accessed at www.getmunch.com/tandc.php. Disagreement or non-compliance with this agreement or applicable laws by the User requires that the User immediately cease any and all use of GetMunch Services.

Eligibility

Anyone can join and take-part-in GetMunch Services, subject to this agreement; however, those under the age of eighteen (18) must have parental permission and supervision before signing-up and while using GetMunch Services. Use and Membership of GetMunch Services is void where prohibited.

Registration and Account Security

By using the GetMunch Services the User agrees to (a) provide accurate, current, and complete information that may be asked of the User in various registration forms by GetMunch; (b) maintain the security of the User’s passwords and identification; (c) promptly update any change in registration or other data previously provided to GetMunch by the User, in order to keep said data accurate, current, and complete; and (d) be fully responsible for all use of the User’s GetMunch Services account.

Term

This agreement shall remain in full force and effect while the User uses any part of the GetMunch Services or is a member. GetMunch may, at its discretion, terminate your GetMunch Services account at anytime without warning. Even after membership is terminated this agreement remains in full force and effect.

Member Dues

The User acknowledges that GetMunch may at its discretion alter the dues for use of GetMunch Services for new members and members renewing their GetMunch Services membership subscription. GetMunch may also, at its discretion, alter the duration of membership subscription to GetMunch Services to new and renewing members of the GetMunch Services. If GetMunch terminates the User’s GetMunch Services account because the User has breached any portion of this agreement then the User shall not be entitled to the refund of any unused portion of subscription fees.

User Content

The User is responsible for all content written (“posted”) by the User on GetMunch Services. The User agrees not to re-post, transmit, or share the GetMunch Services' user generated content not created by the User. The User acknowledges and agrees that GetMunch may, at its sole discretion, but is not obligated to, review, edit, and/or delete any of the User’s content in connection with GetMunch Services.

GetMunch does not assume any ownership over the content posted by the User. However, by virtue of posting on GetMunch, the User represents and warrants that the User possesses ownership rights and that the User automatically grants a limited license to GetMunch that is irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide (with the right to sublicense), with the right to copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute the User’s content for any purpose, commercial, advertising, or otherwise, on or in connection with the GetMunch Services.

Privacy

GetMunch is supplied and stores two types of information when the User takes part in the GetMunch Services. The first is personal information, which is knowingly disclosed through the GetMunch sign-up registration and other forms, and the second is information that is obtained by monitoring how the User interacts with the GetMunch Services, including the website.

GetMunch will not sell or provide access to the User information obtained by GetMunch to third-parties for use outside of the GetMunch Services.

Equipment

The User is responsible for obtaining and maintaining any and all equipment necessary to use and access GetMunch Services. GetMunch shall not be responsible for any damages to User’s equipment from use of GetMunch Services.

Third-party Affiliates

GetMunch, among other things, is a compilation of third-party affiliates, similar to an Internet Service Provider. GetMunch possesses limited editorial authority over the individual GetMunch affiliate web pages and related GetMunch Services, and does not make any warranties as to the accuracy, usefulness, or merchantability of its content. GetMunch does not endorse or take ownership over the views, opinions, and information provided by GetMunch affiliates. GetMunch shall not be responsible for any loss or damage to the User based on the reliance of the content of GetMunch Services, including but not limited to GetMunch affiliate web-pages.

From time to time the affiliates participating with GetMunch may change, so there is no guarantee that the affiliates, including but not limited to the affiliated restaurants, will continue to operate on or with the GetMunch services throughout the life of the Users participation with GetMunch.

GetMunch Member Card

The GetMunch Member Card (“Member Card”) is a tool utilized by GetMunch for the purpose of identifying a person as a GetMunch member. The Member Card is the property of GetMunch and may not be altered, transferred, or sold. Should a Member Card become defective or lost while in the possession of a member it is the responsibility of that member to pay for the cost of replacement of the same.

Get Paid; Loyalty incentives

The Users' that secure a membership with GetMunch accumulate points when dining at affiliate restaurants at the approved time within the incentive guidelines, including but not limited to a minimum purchase price. GetMunch reserves the right to, at anytime, change, alter, or do away with any portion of the reward point system employed on the GetMunch Service. Points previously accumulated on an account that remains inactive for an extended period of time may be forfeited. Details as to the inactive term length for forfeiting points are provided on the User’s Financial Page and may be altered at the discretion of GetMunch at any time.

A percentage off of the bill (“Time of Sale” or “TS”) incentive is given to the Users' with a GetMunch membership when they dine at an affiliated restaurant, at the approved time, within the incentive guidelines. GetMunch reserves the right to, at anytime, change, alter, or do away with any portion of the TS incentive.

Incentive guidelines are the obligations that must be met by the User that is a GetMunch Member before they may be eligible for GetMunch incentives. When dining, the User that is a member must make at least a ten dollar subtotal purchase. Only the member may receive the TS and points incentive. IT IS THE RESPONSIBILITY OF THE MEMBER TO KEEP A RECITE AS EVIDENCE TO HAVING FREQUENTED A GETMUNCH AFFILIATE SHOULD A DISPUTE ARISE BETWEEN A MEMBER AND AN AFFILIATE.

Termination

GetMunch may, at its discretion, terminate the account of a member who fails to comply with the full terms of this agreement. Upon termination, the provisions in all the sections of this contract remain in effect and fully enforceable.

Trademarks

GetMunch is a trademark of Get Munch LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on GetMunch Services are the property of their respective owners.

Disclaimers

GETMUNCH AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY CONTENT POSTED ON THE GETMUNCH WEBSITE OR IN CONNECTION WITH GETMUNCH SERVICES; WHETHER CAUSED BY USERS OF GETMUNCH SERVICES, THIRD PARTY COMPANIES OR AFFILIATES, OR PROGRAMMING OR EQUIPMENT ASSOCIATED WITH OR UTILIZED BY GETMUNCH. GETMUNCH DOES NOT ENDORSE OR TAKE RESPONSIBILITY FOR ANY THIRD PARTY ADVERTISEMENTS THAT MAY APPEAR ON THE GETMUNCH WEBSITE OR THROUGH GETMUNCH SERVICES. GETMUNCH DOES NOT WARRANTY GETMUNCH SERVICES WILL BE FREE OF INTERRUPTION, INCLUDING BUT NOT LIMITED TO, SERVICE INTERRUPTION IN THE GETMUNCH WEBSITE. IN NO EVENT SHALL GETMUNCH, ITS CREATORS, STAFF, OR AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE GETMUNCH SERVICES, INCLUDING BUT NOT LIMITED TO, THE GETMUNCH WEBSITE.

CAPTIONS IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY AND SHALL BE OF NO LEGAL FORCE AND OR EFFECT. FAILURE TO EXERCISE ANY OF THE RIGHTS PROVIDED BY EITHER PARTY IN THIS AGREEMENT SHALL NOT DEEMED A WAIVER OR A FORFEITURE OF SUCH RIGHTS. BY USING OR PARTICIPATING IN ANY PART OF THE GETMUNCH SERVICES, THE USER AGREES THAT ANY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE, BREACH, OR TERMINATION THEREOF, SHALL BE FINALLY SETTLED BY ARBITRATION IN BINGHAMTON, NY UNDER THE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION.