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| Application: | MenuNet |
| Brand/Company Name: | Red Robin |
| Your Name: | |
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This Trabon website is a web based system designed for the use by you and your Company (“Client”) and its authorized franchisees and vendors. As Client or a vendor or franchisee of Client, you have the right to access and use the Trabon Program and Website upon acceptance of the terms and conditions set forth in this User Agreement.
Use of this website is subject to the terms and conditions set forth below. By clicking AGREE, you agree to all of the terms and conditions set forth below and that you will use the website in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions set forth below. If you do not accept the following terms and conditions, you will be denied access to the site. Nevertheless, by continuing to access or use this website, you agree to be bound by the terms and conditions set forth below. Trabon reserves the right to change the terms of use from time to time at its sole discretion. Your use of this website will be subject to the most current version of the terms of use posted on the site at the time of such use.
Please carefully review the following terms and conditions.
1.01. Upon the terms and conditions set forth herein, Trabon hereby grants to you, and you hereby accept from Trabon, the nonexclusive right and license to use the Trabon Program (the “Program”) and Website (the “Website”). Use of the Program and Website is subject to the fees and charges set forth in the Master Services Agreement with Client and the accompanying Statement of Work.
2.01. Your use of the Program and access to the Website is subject to this Agreement. The Website and information contained on the Website may only be used, viewed, downloaded and printed by you for the purposes specified above. You agree to comply with all proprietary and restrictive notices that may appear on the Website.
2.02. During the term of this Agreement, Trabon, at the request of Client or otherwise, may at any time and from time to time, initiate a request for additions, deletions, or revisions to the Program and the Website.
3.01. Except as otherwise expressly provided for herein, you may not: (i) modify or create any derivative works from the Website, the Program or any information contained on the Website; (ii) decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the Website or the Program; (iii) encumber, sell, rent, lease, sublicense or otherwise transfer rights to the Program or the Website; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels from the Program or the Website or any information contained therein; (v) modify or alter any of the information contained on the Website.
4.01. Access to the Website and Program is controlled by a User I.D. and password issued to you by Trabon. Your User I.D. and password are licensed to you only for your use and are not to be used by any other person. You are solely responsible for supervising and policing use of your User I.D. and password and maintaining the confidentiality of your User I.D. and/or password. You are prohibited from giving your User I.D. or password to any party or permitting any other party to access the website using your User I.D. or password. You are responsible for all uses of your User I.D. and password, whether or not actually or expressly authorized by you.
5.01. The Website, the Program and all information on the website are provided on an “as is” basis without any warranties of any kind, either express or implied, including, but not limited to, any warranties, express or implied, as to merchantability or fitness for a particular purpose. Without in any way limiting the foregoing, Trabon makes no warranties or representations that (i) the Program and/or the Website (or the information thereon) is suitable for any particular purpose; (ii) the Program and/or the Website (or the information thereon) will meet your particular requirements; (iii) use of the Website will be uninterrupted, timely, secure, or error free; (iv) the results that may be obtained from use of the Website (or the information contained thereon) will be effective, accurate or reliable; and (v) all errors have been or can be eliminated from the Program and/or the Website (or the information contained thereon). You further understand and acknowledge that Trabon has no control over the Internet or the creation, editing, distribution or transmission of communications, information or content by other users or subscribers of the Internet, and Trabon has no control over the creation, editing, distribution or transmission of communications, information or content supplied by you.
5.02. EXCEPT AS SPECIFICALLY SET FORTH IN THIS ARTICLE V, TRABON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATING TO THE WEBSITE, THE PROGRAM (OR ITS ACCOMPANYING DOCUMENTATION), ANY HOSTING SERVICES PROVIDED BY TRABON HEREUNDER OR ANY USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL WARRANTIES WHATSOEVER, EXPRESS AND IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6.01. The Program and the Website are protected by copyright and other intellectual property laws and international treaties. You hereby acknowledge and agree that the Program, the Website, all documentation and other information and materials pertaining to the Program and all computer programs, software, data, equipment, and other materials provided by Trabon (its employees or any independent contractors engaged by Trabon) with respect to the Website or Program, and any know how, methodologies, equipment or processes used by Trabon in the Program or Website or to provide any hosting services (including, without limitation all copyrights, trademarks, patents, trade secrets and any other proprietary rights therein) are and shall remain the property of Trabon. You further acknowledge and agree that all federal and international patent, trademark, copyright and proprietary rights in and to the Website, the Program and all documentation, information and materials pertaining to the Program or the Website and all right, title and interest in and to any copyrightable works of authorship created by Trabon with respect to the Website, the Program and all documentation, information and materials pertaining to the Program or the Website are vested exclusively in Trabon. Notwithstanding anything contained herein to the contrary, subject to the license expressly granted to you herein, you further acknowledge and agree that you do not have and will not acquire any patent, trademark, copyright or proprietary rights in and to the Website, the Program or any documentation, information or materials pertaining to the same. With the exception of the license expressly granted to you hereunder, no provision of this Agreement shall be construed as an assignment or transfer to you of any rights in the Website, the Program or any documentation, information or materials pertaining to the Program or the Website. You agree to cooperate with Trabon in preserving whatever rights Trabon may have in the Website, the Program and all documentation, information and materials pertaining to the Program or the Website (including, without limitation all copyrights, trademarks, patents, trade secrets and any other proprietary rights therein).
6.02. You acknowledge and agree that Trabon shall have the right to provide services that are the same or similar to the ones provided to you under this Agreement to other parties and to use or otherwise exploit the Program and/or Website to create similar programs and/or websites for other parties or in connection with the provision of services to other parties.
7.01. With the exception of any claim for infringement of any patent, trademark, copyright or other proprietary right by the Website or the Program, prepared by Trabon, you shall, at your own expense, defend any and all actions, suits, demands or claims brought against Trabon by a third party because any Client Content, material, information, or data that is provided by you or posted on or transmitted over the Website by you or another party that you have authorized to use the Website (including any claim that the Client Content or any other material, information or data that is provided by you or posted or transmitted over the Website by you or another party that you have authorized to use the Website is false, misleading, libelous, slanderous or infringes any patent, trademark, copyright, trade secret or other proprietary rights of a third party). You shall also indemnify and hold Trabon harmless from any and all claims, losses, liabilities, costs, damages, judgments and expenses (including, without limitation, reasonable attorneys' fees and expenses, penalties, assessments, fines and all other costs whatsoever, whether asserted or not, absolute or contingent, known or unknown, accrued or unaccrued) resulting from or arising out of (i) the breach of any of the terms, conditions or obligations imposed upon you by this Agreement; (ii) any Client Content, material, information, or data that is provided by you or posted on or transmitted over the Website by you or another party that you have authorized to use the Website (including any claim that the Client Content or any other material, information or data that is provided by you or posted or transmitted over the Website by you or another party that you have authorized to use the Website is false or misleading or infringes any patent, trademark, copyright, trade secret or other proprietary rights of a third party); (iii) any use of the Website or the Program by you or another party that you have authorized to use the Website; (iv) any act, action, omission, obligation, or undertaking by you or another party that you have authorized to use the Website with respect to the use of the Program or the Website; or (v) the violation of any rights of another person or entity by you (including any claims for libel, slander, invasion of privacy, or infringement of copyright arising from any material provided to the Website by you). Specifically, you agree to indemnify Trabon against any claim that any of the material or content provided to the Website by you infringes or violates any rights of a third party, including, without limitation, rights of privacy, any patents, copyrights, trade secrets or other proprietary rights of the third party.
7.02. Trabon does not assume any duty or responsibility and shall not be liable for any Client Content, material, information or data that is posted or transmitted over or otherwise provided to the Website by another third party.
7.03. During the term of this Agreement, with the exception of a claim that you are obligated to assume and indemnify under Section 7.01, Trabon shall, at its own expense, defend any and all actions, suits, demands or claims brought against you by a third party because the Website or the Program infringes any patent, trademark, copyright or other proprietary right of the third party and Trabon shall indemnify and hold you harmless against any and all claims, losses, damages, costs, judgments and expenses (including reasonable attorney's fees) incurred by you as a result of or relating to any claim, demand or action asserted against you by a third party because the Website or the Program infringes any patent, trademark, copyright or other proprietary right of the third party.
7.04. If a claim for infringement of any patent, trademark, copyright or other proprietary right is asserted against the Website or the Program, Trabon reserves the right, at its option, to either (i) procure the right to permit the continued exercise of the rights and licenses granted under this Agreement, (ii) replace or modify any of the infringing items so that it becomes not infringing while affording equivalent performance, or (iii) at its sole obligation, terminate this Agreement for the infringing item.
7.05. The indemnification obligations of either party hereunder are expressly contingent upon prompt notice by the party seeking indemnification, in writing, of any claim, demand action or occurrence that may give rise to indemnification hereunder. Each party’s indemnification obligation hereunder is further contingent upon the other party’s cooperation in investigating and prosecuting any such action, suit or claim including furnishing to the indemnifying party, upon request and at the expense of the indemnifying party, all evidence and information in the other party’s possession relating to the claim or defense thereof.
7.06. Trabon shall have no indemnification obligation hereunder for claims of infringement resulting from any combination, operation or use of the Website or the Program, or any components thereof, with any software programs or data not supplied by Trabon if such infringement would have been avoided by use of the Website or the Program alone.
8.01. You hereby assume responsibility for the accuracy of the Client Content (as defined herein) and any material, information, or data that is provided by you or posted on or transmitted over the Website by you or another party that you have authorized to use the Website. You further acknowledge that you or Client is the owner of all right, title and interest in and to the Client Content or has obtained all consents and authorizations necessary to use the Client Content (or any component of it) and that the Client Content and any material, information, or data that is provided by you or posted on or transmitted over the Website by you or another party that you have authorized to use the Website does not infringe or violate the rights of any third party including, without limitation, rights of privacy or any patent, trademark, copyright, trade secret or other proprietary rights of any third party. You further warrant that the Client Content and any material, information, or data that is provided by you or posted on or transmitted over the Website by you or another party that you have authorized to use the Website does not and is not inaccurate or misleading. “Client Content” shall mean all material. Information or data that is provided by, or on behalf of, you or Client or posted on or transmitted over the Website by you or another party that you have authorized to use the Website (including, but not limited to, data, text, graphics, or other materials generated in any form or media and all trademarks, trade names, service marks, or logos).
8.02. You or Client shall be responsible for obtaining any consents or authorizations necessary to use the Client Content, to place the Client Content on the Website and to display and distribute the Client Content on the World Wide Web.
8.03. You hereby grant to Trabon a non-exclusive, worldwide, non-transferable right and license to use the Client Content and any material, information, or data that is provided by you or posted on or transmitted over the Website by you or another party that is authorized to use the Website by you so long as this User Agreement remains in effect.
9.01. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, EXCEPT FOR ANY LIABILITY ARISING FROM A PARTY’S INDEMNIFICATION, CONFIDENTIALITY OR SAFEGUARD OBLGATIONS HEREUNDER, NEITHER TRABON, NOR ANY OF ITS SUPPLIERS OR SUBCONTRACTORS SHALL BE LIABLE TO YOU OR ANY OTHER PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE, BUT NOT INCLUDING GROSS NEGLIGENCE OR WILFULL MISCONDUCT) OR UNDER ANY OTHER LEGAL THEORY FOR (i) ANY DAMAGES WHATSOEVER RELATING TO ANY MATERIAL OR INFORMATION DELIVERED TO THE WEBSITE BY YOU, (ii) UNAUTHORIZED ACCESS TO OR ALTERATIONS, THEFT OR DESTRUCTION OF THE WEBSITE, THE PROGRAM OR ANY INFORMATION OR MATERIAL DELIVERED TO THE WEBSITE BY YOU THROUGH ACCIDENT OR FRAUDULENT MEANS OR DEVISES; (iii) ANY LOSS OF USE, REVENUE OR PROFITS; (iv) COST OF CAPITAL; (v) COST OF SUBSTITUTE USE OR PERFORMANCE; (vi) GOODWILL; (vii) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE) EVEN IF TRABON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (viii) CLAIMS BY CLIENT FOR DAMAGES OF AUTHORIZED USERS; OR (IX) CLAIMS BY YOU OR CLIENT FOR DAMAGES TO YOU OR YOUR CUSTOMERS.
9.02. YOUR REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND THE SUM TOTAL LIABILITY OF TRABON TO YOU WITH RESPECT TO ANYTHING IN CONNECTION WITH THIS AGREEMENT, SUCH AS PERFORMANCE OR BREACH THEREOF, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE, BUT NOT INCLUDING GROSS NEGLIGENCE OR WILFULL MISCONDUCT) UNDER ANY OTHER LEGAL THEORY OR UNDER ANY WARRANTY OR OTHERWISE SHALL NOT EXCEED IN ANY EVENT THE ANNUAL SUBSCRIPTION FEE AND MONTHLY LICENSE/USAGE FEES ACTUALLY PAID BY YOU OR CLIENT TO TRABON DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEEDING THE DATE ON WHICH SUCH CLAIM ACCRUED, INCLUDING ANY APPLICATION SETUP FEES.
10.01. You shall not post any material or content on the Website that is obscene, threatening, malicious, or infringes on or violates any applicable law or regulation or any proprietary, contract, moral or privacy right of any third party or which otherwise exposes or potentially exposes Trabon to any civil or criminal liability. Use of the Website or the Program to display or transmit threatening, obscene or pornographic materials is strictly prohibited and may be grounds for termination of this Agreement and your access to the Website. You are hereby advised that acceptable use policies and etiquette of services and other networks may apply and may, in fact, limit use.
10.02. You acknowledge and agree that Trabon, in its sole and absolute discretion, may exclude or remove from the Website any hypertext links to third party websites, any material or content on the Website which, in the sole and reasonable discretion of Trabon, is obscene, threatening, malicious or immoral or may violate or infringe any law or third party rights or may expose Trabon to civil or criminal liability. Any breach of this Article X shall be deemed to be a material breach of this Agreement by you. Notwithstanding anything contained herein to the contrary, the rights provided to Trabon under this Article X, shall not impose an obligation on Trabon to monitor the content of the Website or to exert any editorial control over the Website. If Trabon is informed by governmental authorities of inappropriate or illegal use of any facilities, services or other networks provided by Trabon, any such governmental determination will be binding on you and Trabon may terminate the services provided to you under this Agreement pursuant to this Article X.
11.01. This Agreement shall commence upon acceptance of the terms of this Agreement by you and shall continue in full force and effect until it is terminated by either party serving thirty (30) days written notice of termination upon the other. This Agreement shall also terminate coincident with the termination of the Trabon Master Services Agreement by and between Trabon and Client.
11.02. Upon the occurrence of any of the following:
(i) A breach or violation by you of the Acceptable Use Policy provisions of Article X;
(ii) The failure of you or Client to pay any fees charged to you or Client by Trabon within thirty (30) days of the invoice due date; or
(iii) The breach or violation by you or Client of any provision of this Agreement other than the Acceptable Use Policy provisions of Article X or the payment provisions of Article III if you or Client party fail to cure such breach within fifteen (15) days after written notice of such breach;
then, and in addition to all other rights and remedies which it may have at law or in equity, Trabon may, at its option, terminate this Agreement by notice thereof specifying the reason for such termination and a termination date. Such termination shall become effective on the date of termination set forth in the notice of termination.
11.03. Upon termination of this Agreement for any reason, the rights and license granted to you under this Agreement shall immediately terminate, you shall discontinue all use of the Program and your access to the Website shall be discontinued. Termination of this Agreement and disabling of service shall not in any manner interfere with, effect, or relieve you of your obligations under this Agreement.
12.01. Neither party shall be liable for any delays in performance or delivery caused by the failure of the other party to promptly supply any information and approvals required of it hereunder or for causes beyond the control of such party, such as acts of God, war, acts of government, government priorities or allocations, fire, flood, strikes, sabotage, labor disputes, shortage of materials, single source suppliers, civil disorders, embargoes, riots, suppliers mandated by the other party, or delay in transportation.
13.01. This Agreement shall be deemed to be a contract made under the laws of the State of Missouri, and for all purposes it shall be interpreted in its entirety according to the laws of said state.
13.02. If any part or provision of this Agreement is invalid or unenforceable for any reason, this invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions which shall remain in full force and effect as if this Agreement had been executed with the invalid provisions thereof deleted.
13.03. The failure of either party to partially or fully exercise any right or the waiver of any breach shall not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.
13.04. The Article headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
13.05. This Agreement may not be altered or amended except by an instrument in writing duly executed by both parties.
Trabon Printing Company, Inc. (“Trabon”) operates the MenuNet Application located at trabonmenunet.com (the “Site”). As a result of your use of the Site or upon opening an account with Trabon, Trabon will obtain certain personal information about you. The privacy and security of your personal information is important to Trabon. Trabon is committed to protecting your privacy and the personal information that you provide to it while using the Site. Trabon has adopted this Privacy Policy to govern its operation of the Site and its use of your personal information and to inform you of how Trabon uses or may use your personal information and the steps that Trabon has undertaken to protect your personal information.
By using the Site, you agree on your behalf (and on behalf of any company for which you use the Site) to the terms and conditions of this Privacy Policy and the use of your personal information (and the personal information of the other company) by Trabon as provided for herein.
The personal information collected by Trabon consists of non-personally identifiable information which by itself cannot be used to identify or contact you and personally identifiable information which identifies you or can be used to identify or contact you.
Non-personally identifiable information consists of general information regarding users of the Site. This information includes information of the type that web browsers and servers typically make available, such as Internet Protocol (IP) addresses, browser types, domain names, internet service provider (ISP), language preference, operating system, date and time of each visitor request, and other anonymous statistical data involving the use of the Site. This non-personally identifiable information may be stored by Trabon in log files.
Trabon may also collect non-personally identifiable information through the use of cookies (which are small text files that are stored on your computer when you visit the Site) and other technologies such as pixel tags, web beacons, embedded script and local shared objects. Cookies and these other technologies are used by Trabon to identify and track visitors to the Site, analyze trends of use, administer the Site, monitor the activities of users, identify a user’s usage of the Site, ascertain website access preferences and obtain demographic information about users. Cookies also facilitate navigation through the Site, store information regarding the Site so that a user does not have to reenter the same information each time it uses the Site and provide a user with customized content.
Trabon treats information collected by cookies and other technologies as non-personally identifiable information. To the extent that IP addresses or similar identifiers are considered personal information by local law, Trabon will also treat these identifiers as personally identifiable information. Additionally, to the extent that non-personally identifiable information is combined with personally identifiable information, Trabon will treat the combined information as personally identifiable information.
If you do not wish to have cookies placed on your computer, you should set your browser to refuse cookies before accessing the Site. Such a setting, however, may cause certain features of the Site to not function properly.
You may choose to interact with Trabon in ways that require it to gather and store personally identifiable information. Such personally identifiable information may include your name, physical address, e-mail address, home and mobile telephone numbers, age, and billing and credit information. Trabon will collect personally identifiable information from you when you (i) register to use the Site; (ii) order products or services from Trabon; (iii) respond to a survey or questionnaire; or (iv) submit questions or comments to Trabon. The amount and type of personally identifiable information that Trabon gathers depends upon the nature of your interaction with it. In each case, Trabon will only collect such information as is necessary or appropriate for it to properly accomplish the purpose for which you contacted the Site. Trabon does not disclose personally identifiable information other than as specified in this Privacy Policy. You can always refuse to supply personally identifiable information, with the understanding that you may not be able to access certain sections of the Site, purchase products and/or services from Trabon, submit a question or comment or participate in other events or opportunities offered by Trabon.
Trabon may also collect statistical information about the behavior of users of the Site including information regarding a user’s use and navigation of the Site. Trabon may display this information publicly or provide it to others, but any such use will be in an aggregate form and will not associate this information with a specific user. Except as provided for herein, Trabon will not disclose such statistical information with any personally identifiable information.
The personally identifiable information collected by Trabon is used to (i) administer your access to the Site; (ii) verify your identity; (iii) provide products and/or services to you; (iv) respond to your questions or comments; (v) enhance and personalize your experience with the Site, (v) better understand how the Site is used, (vi) protect Trabon and its other customers and users of the Site; and (vii) with your permission, send you information about Trabon and its products and services that may be of interest to you. Trabon will also use your personally identifiable information to fulfill any orders from you for its products and/or services, to approve you for credit and to respond to specific questions that you may submit to Trabon regarding its products and/or services. After you register as a user of the Site, you can always instruct Trabon to discontinue any further communications with you.
Except for the limited circumstances provided for herein, Trabon will not disclose, sell, rent or license any of your personally identifiable information gathered by it through the Site to any unaffiliated third parties without your consent to do so. Notwithstanding the foregoing, Trabon does disclose personal information (both non-personally identifiable information and personally identifiable information) to those of its employees, contractors and affiliated organizations that need the information in order to perform services requested by Trabon, including, but not limited to, opening an account with Trabon, fulfilling an order for products and/or services, authorizing credit, completing a credit card payment, processing a return request, providing customer service and participating in the manufacture, storage or shipment of products and the performance of services on behalf of Trabon.
In addition to a disclosure to Trabon’s employees, contractors and affiliated organizations as described above, Trabon may also disclose personal information about you (including, personally identifiable information and non-personally identifiable information) in response to a subpoena, court order or other governmental request, or when we believe in good faith, that disclosure is reasonably necessary to protect the rights or property of Trabon or its affiliated organizations or the safety and/or security of any other person or organization or for purposes of national security, law enforcement or issues of public importance. Trabon may also disclose personal information about you if we determine that disclosure is reasonably necessary to enforce Trabon’s terms and conditions or to protect its operations or the privacy of other users of the Site.
Trabon also uses non-personally identifiable information to monitor and maintain the performance of the Site, analyze trends and usage of the Site, and optimize Trabon’s marketing efforts. Trabon may also provide non-personally identifiable information to employees, contractors, and affiliated organizations for the purpose of developing new products and/or services, marketing or advertising products and/or services offered by Trabon. If you send Trabon a request (for example, via supporting e-mail or one of Trabon’s feedback mechanisms), Trabon reserves the right to publish this information in order to help Trabon clarify or respond to your request or to help Trabon support other users.
The personal information (including, personally identifiable information and non-personally identifiable information) acquired by Trabon is a business asset of Trabon. If Trabon is sold or otherwise reorganizes, merges with another entity or sells all or substantially all of its assets, or in the unlikely event that Trabon goes out of business or enters bankruptcy, the personal information retained by Trabon would be one of the assets that is or may be transferred or acquired by a third party. You acknowledge that such transfers may occur and hereby consent to the sale, assignment or transfer of the personal information gathered by Trabon.
Trabon has taken such measures and has adopted such administrative, technical and physical procedures as it believes are reasonably necessary to protect any personal information that it receives from you through the Site against the unauthorized access, use, misuse, theft, alteration or destruction of such personally identifiable information. The security measures adopted by Trabon include the encryption of all web pages where personally identifiable information is collected and the restriction of access to personal information to those employees, vendors and authorized agents who need it to process it for Trabon, to perform a specific task or function for Trabon or to provide products and/or services that you may have requested. Trabon requires that any employees, vendors or other third parties who are given access to your personal information agree to abide by the terms and conditions of this Privacy Policy. Notwithstanding the security actions taken by Trabon, there is always a risk when transmitting information over the Internet. Accordingly, Trabon cannot guarantee the security and privacy of any information that you provide to, post on or transmit over the Site.
The Site links with other websites not owned or operated by Trabon. If you link to one of these websites, Trabon is not responsible for the content or security of the other website. The existence of a link to another website does not mean that Trabon endorses the other website and Trabon specifically disclaims any liability with respect to the use of another website. You are directed to these other websites for information regarding the privacy practices adopted by these websites.
Trabon acknowledges the need to protect the privacy of children. As a result, access to the Site is limited to users who are over the age of 18. Trabon requests that persons under the age of 18 not access or use the Site or submit or post any information on the Site. Trabon will not knowingly collect personal information from any person that it actually knows is under the age of 18.
Trabon permits you to contact Trabon to update or correct your personally identifiable information, change preferences regarding use of the personal information collected by Trabon and/or request that the personal information be deleted from Trabon’s system. If you wish to initiate such an update, correction, change and/or deletion, you are encouraged to contact Trabon at 816-276-2500.
Trabon reserves the right to alter or amend the Privacy Policy in whole or in part at any time and from time to time. All changes will be incorporated to the Privacy Policy posted on the Site. You are encouraged to review the Site from time to time to obtain the latest version of Trabon’s Privacy Policy. If you have any questions or concerns regarding this privacy policy, you are may contact Trabon at any time.
You agree to assume all risk for use of the Dashboard provided by Trabon, the MenuNet System and the information on the MenuNet System and Trabon Dashboard. The Trabon Dashboard Application and all information on The Trabon Dashboard Application 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, any warranties, express or implied, as to merchantability or fitness for a particular purpose. Without in any way limiting the foregoing, Trabon makes no warranties or representations that
(i) the Trabon Dashboard Application, the MenuNet System or the information on the MenuNet System and Trabon Dashboard is suitable for any particular purpose;
(ii) the MenuNet and Dashboard Application, the MenuNet System or the information on the MenuNet System and Trabon Dashboard will meet your particular requirements;
(iii) use of the MenuNet Application and the MenuNet System or Trabon Dashboard will be uninterrupted, timely, secure, or error free;
(iv) the results that may be obtained from use of the MenuNet Application, the MenuNet System or the information contained on the MenuNet System and Trabon Dashboard will be effective, accurate or reliable; and
(v) all errors have been or can be eliminated from the MenuNet Application and Trabon Dashboard, the MenuNet System or the information contained on the MenuNet System and Trabon Dashboard.
You further understand and acknowledge that Trabon has no control over the Internet or the creation, editing, distribution or transmission of communications, information or content by other users or subscribers of the Internet, and Trabon has no control over the creation, editing, distribution or transmission of communications, information or content supplied by you or on behalf of your company.
Except as specifically set forth in this article V. , Trabon disclaims all warranties, express or implied, arising out of or relating to the MenuNet application and the Trabon Dashboard (or its accompanying documentation), any hosting services provided by Trabon with respect to the MenuNet Application or Trabon Dashboard or any use thereof, including, but not limited to, any and all warranties whatsoever, express and implied, as to merchantability or fitness for a particular purpose.