Menus Of Texas - Texas Flag
 
Menus  of  Texas  ™

www.MenusOfTexas.com


WE MAKE IT EASY ... TO GET YOUR OWN
RESTAURANT WEBSITE with COUPONS

 

Call Us:
281-222-4488

Email Us:

 
Terms  of  Service
Last Updated:  September 21, 2010

Welcome to Menus of Texas™

1.  Acceptance of Terms

By accepting Menus of Texas' Terms of Service (TOS) electronically or in writing, and/or by using Menus of Texas' services, including but not limited to, Menus of Texas' Website, submission of Website content to Menus of Texas, payment to Menus of Texas, you (Client) agree to be bound by the following terms and conditions until your relationship with Menus of Texas is terminated.  Client also agrees that Client’s electronic acceptance of this TOS shall have the same force and effect as if Client had agreed to this TOS in writing.

Menus of Texas provides it's Website, software, products and services to Client, subject to Client's acceptance of the TOS.  Client may review the most current version of the TOS at http://www.MenusOfTexas.com/terms_of_service.html. Client's failure to comply with the terms of the TOS may result in termination of Menus of Texas' services to Client.  By using Menus of Texas' services Client agrees to (and hereby electronically signs) the most current version of the TOS.

Client represents that:

  1. Client is of legal age to form a binding contract,

  2. Client is at least 18 (eighteen) years old, and

  3. Client is not a person barred from receiving services under the laws of the United States of America or other applicable jurisdiction.

Client accepts sole responsibility for (and that Menus of Texas has no responsibility to Client or to any third party for) any breach of Client's obligations under the TOS and for the consequences (including any loss or damage which Menus of Texas may suffer) of any such breach.

Client’s acceptance of the TOS is binding upon all of Menus of Texas' services including the purchase of additional services or additional Websites at a later date.  Please do not purchase, access or use Menus of Texas' Website or Menus of Texas' services if you do not accept and agree to Menus of Texas' TOS.

2.  Description of Service

Menus of Texas designs and hosts Websites for it's Clients and provides other Website-related services to it's Clients such as branded or personalized e-mail addresses and Website maintenance.  Client understands that Menus of Texas' services may include certain communications from Menus of Texas such as advertisements, notices, service announcements and newsletters.  Client is responsible for obtaining access to Menus of Texas' services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways).  Client is also responsible for all equipment and software necessary to access Menus of Texas' services.

3.  Privacy Policy

Client's personal information and certain other information is subject to Menus of Texas' Privacy Policy.  Client may review the most current version of the Menus of Texas' Privacy Policy at http://www.MenusOfTexas.com/privacy_policy.html which is hereby incorporated into the TOS.  By using Menus of Texas' services, Client also agrees to the most current version of Menus of Texas' Privacy Policy.

4.  Menus of Texas Satisfaction Guarantee / Refund Policy

Some of the services provided by Menus of Texas may have a money back guarantee.

Client may review the most current version of the Menus of Texas Satisfaction Guarantee at http://www.MenusOfTexas.com/satisfaction_guarantee.html which is hereby incorporated into the TOS.

Client agrees that all fees and charges incurred and invoiced by Menus of Texas to Client following each service period are valid and are accepted by the Client.  Client agrees to pay all of these fees and charges to Menus of Texas as agreed.

Menus of Texas reserves the right to discontinue services to any Client, at any time, and provide Client with a full refund.  Under no circumstances will any refunded amount to any Client exceed the amount collected by Menus of Texas from the Client, for that service.

Menus of Texas will make the best effort to provide each Client with services that meet or exceed their expectations, but Menus of Texas is under no obligation, and does not guarantee, that any of the services provided to the Client, will be exactly what the Client has envisioned.

5.  Copyright / Intellectual Property Policy

Menus of Texas respects copyright laws and the intellectual property of others.  Menus of Texas may terminate Client's use of Menus of Texas' services for copyright infringement.  If you believe your work has been copied and is accessible on any Website hosted by Menus of Texas, please send any notifications of claimed copyright infringement to Menus of Texas through the Registered Agent of Record for Menus of Texas.

Client may review the most current version of the Menus of Texas' Copyright Policy at http://www.MenusOfTexas.com/copyright_policy.html which is hereby incorporated into the TOS.  By using Menus of Texas' services, Client also agrees to the most current version of Menus of Texas' Copyright Policy.

Menus of Texas will not use any known copyrighted or trademarked materials on any Client’s Website without the express written consent of the copyright or trademark owner.  It is Client’s responsibility to ensure that all content submitted to Menus of Texas is original content and free from third-party copyright or trademark protection, or to obtain permission to use such content from the copyright or trademark owner.  Client assumes full responsibility and full liability for any copyright or trademark infringement of Client’s Website on any third-party copyright or trademark, including, but not limited to, any infringement due to Website content, Website design or the look and feel of a Client’s Website. (See Unacceptable Practices)

Client Website content that is sent to Menus of Texas will remain the intellectual property of the Client.  Menus of Texas does not return original content to the Client unless such a request is made in writing upon submission of the content to Menus of Texas.  Menus of Texas will attempt to honor each request to return original content to the Client; however, Menus of Texas has no liability and will accept no responsibility to guarantee the return of any content to the Client.

6.  Electronic Delivery Policy

Menus of Texas is a Website-related business and may communicate with it's Clients electronically.  When Client accepts this TOS, Client consents to receive electronically from Menus of Texas any notices, agreements, disclosures, or other communications (Notices).  Client agrees that Menus of Texas may send electronic Notices in either of the following ways.

  1. To any e-mail address provided to Menus of Texas, or

  2. to any new e-mail addresses Client sets up through Menus of Texas.

Client agrees to check the designated e-mail addresses regularly for Notices.

Notice from Menus of Texas is effective when sent by Menus of Texas, unless otherwise stated in the Notice, regardless of whether the Notice is read or received by Client.

7.  Contact Menus of Texas

Client may contact Menus of Texas at 281-222-4488 Monday thru Friday between the hours of 9:00am and 6:00pm Central Standard Time (CST).

Client may visit Menus of Texas' Website at  http://www.MenusOfTexas.com/.

Client may Contact Menus of Texas by sending e-mail to: at Menus of Texas.com 

8.  Customer Service / Technical Support

Client may contact Menus of Texas for customer service with questions regarding any of Menus of Texas' services.

If Client uses Menus of Texas' customer service, Client accepts and acknowledges that Menus of Texas does not warrant or represent that any customer support services or technical support services will meet Client’s requirements, expectations, or will be error free. (See Disclaimer of Warranties and Limitation of Liabilities)

9.  Unacceptable Practices

As Menus of Texas strives to offer the very best service, there are certain guidelines and policies that help govern Menus of Texas' efforts and relationships with it's Clients.  Actions and practices that are in violation of these guidelines, policies and this TOS are strictly forbidden and will result in the immediate termination of Menus of Texas' services.  Such decisions are made at the sole discretion of Menus of Texas.  Some unacceptable practices include, but are not limited to:

  1. Offensive or otherwise distasteful material;

  2. Content or language that is harmful to minors in any way;

  3. Bulk e-mailing tools;

  4. Distribution of internet viruses or other harmful or destructive activities;

  5. Hacking and cracking;

  6. Nudity, adult or pornographic material, sexually oriented material or products, sexually explicit material or products  (Some exceptions may be granted in writing from Menus of Texas on a case-by-case basis.);

  7. Scams or phishing for personal information;

  8. Solicitation of funds other than for legal charitable organization;

  9. Gambling, gaming, lotteries, and like activities;

  10. Harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwise objectionable content or language;

  11. Defamatory, hateful or revenge content or language;

  12. Aids to pass drug tests or aids to pass lie detector tests;

  13. Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties;

  14. Multi-Level Marketing (MLM) without a legitimate product or service or with a front product or service;

  15. Illegal drugs or drug paraphernalia;

  16. Prescription drugs and related content;

  17. Miracle cures;

  18. Fake documents;

  19. Fireworks, pyrotechnics or weapons;

  20. Intentional or unintentional violations of any applicable local, state, national or international law;

  21. Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk e-mail;

  22. Links to other Websites that are in violation of Menus of Texas' policies, guidelines and this TOS;

  23. Other activities, whether lawful or unlawful, that Menus of Texas deems to be in poor taste or that reflect adversely on Menus of Texas or Menus of Texas' other clients.

As Menus of Texas' Client, you agree to conduct your business in a legal and professional manner. Client understands that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Client’s Website are the sole responsibility of the Client.  Client is fully responsible for all Website content and agrees to hold Menus of Texas harmless in the event of third parties’ legal issues brought against Client for Client’s business practices.  Menus of Texas retains the right to terminate any Client's use of Menus of Texas' services for TOS violations or for Client actions that do not comply with the spirit of this TOS.  Menus of Texas may, at it's sole discretion and at any time, discontinue providing any of Menus of Texas' services, or any part thereof, with or without notice.

Clients are not permitted to directly (without using Menus of Texas) edit, change or delete any items or content on, or from, their Website at anytime, for any reason.  With this understanding, it still remains the Client's responsibility to request Menus of Texas remove any content from the Client's Website that Client believes is not in compliance with the TOS.  Menus of Texas may or may not pre-screen content, but Menus of Texas shall have the right (but not the obligation) to pre-screen and refuse or remove any content at it's sole discretion.  Client agrees that Client bears all risks associated with the use of all Website content, whether edited or written by Menus of Texas or not, including any reliance upon accuracy, usefulness or completeness.

Client acknowledges that Menus of Texas may access, preserve, and disclose Client’s information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety of Menus of Texas and the public.

10.  Restaurant Directory   (Business Directory)

Client understands, agrees and acknowledges that Menus of Texas does not guarantee the content or accuracy of any information (content) of a Client's restaurant directory or business directory listings.

Menus of Texas will review Client's information (content) before Client's restaurant directory listing or business directory listing goes live on the internet to correct any possible errors, but it is the Client's sole responsibility to review their listings for accuracy.  Menus of Texas will not be held liable or responsible for the accuracy of any:  information, typos, spelling errors or any content that exist in any of a Client's listings.

11.  Printable Online Coupons

Menus of Texas will design and develop a Client's Printable Online Coupons using any or all of the content provided by the Client. 

Preliminary design and construction usually will begin prior to a Client submitting all of the required content to Menus of Texas.  With this in mind, Client may submit content to Menus of Texas continually while Client's Printable Online Coupons are under construction.

Menus of Texas will provide Client with a preliminary version of their Printable Online Coupons from this design process.  This preliminary version will look and function similar to the completed version of Client's Printable Online Coupons which will be placed live on the internet.  At that time, Menus of Texas will also provide Client with a list of pending items for completion of their Printable Online Coupons.  The pending item list may include such items as:  missing content or questions regarding content provided by the Client.

Following Client's review of this preliminary version and their pending item list, Menus of Texas will work with Client to make revisions until Client is happy with their Printable Online Coupons.  When Client is happy with their Printable Online Coupons, Menus of Texas will consider Client's Printable Online Coupons completed and place this completed version live on the internet for Client to use and enjoy.

If Client does not review the preliminary version of their Printable Online Coupons or their pending item list within 5 business days from the date Menus of Texas provides these items to the Client, then it shall be Menus of Texas' understanding that Client is happy with their Printable Online Coupons and has accepted this “as-is” version as the completed version which Menus of Texas may take live on the internet.

Menus of Texas will review Client's text before Client's Printable Online Coupons go live on the internet to correct any possible errors, but it is the Client's sole responsibility to review their Printable Online Coupons for accuracy.  Menus of Texas will not be held liable or responsible for the accuracy of any:  information, typos, spelling errors or any content that exist on a Client's Printable Online Coupons.

When Client's Printable Online Coupons go live on the internet, it is agreed that Client has accepted and approved their complete Printable Online Coupons, including but not limited to, the design and functionality. Client will be notified by Menus of Texas when Client's Printable Online Coupons go live on the internet.

Client understands, agrees and acknowledges that Menus of Texas does not guarantee a time frame for completion of ANY Printable Online Coupons.  Printable Online Coupons cannot be completed without submission of complete content and participation from the Client.  If Client continually submits additional content throughout the design process, and wants such content to be included on their Printable Online Coupons, the design time frame may be increased.  If Client’s Printable Online Coupons require custom programming, the overall development cost and time frame for completion may be extended.

12.  custom Websites - Design & Development

Menus of Texas will design and develop a Client's Website using any or all of the content provided by the Client. 

Preliminary Website design and construction usually will begin prior to a Client submitting all of the required content to Menus of Texas.  With this in mind, Client may submit content to Menus of Texas continually while Client's Website is under construction.

Menus of Texas will provide Client with a preliminary version of their Website from this design process.  This preliminary version will look and function similar to the completed version of Client's Website which will be placed live on the internet.  At that time, Menus of Texas will also provide Client with a list of pending items for completion of their Website.  The pending item list may include such items as:  missing content or questions regarding content provided by the Client.

Following Client's review of this preliminary version and their pending item list, Menus of Texas will work with Client to make Website revisions until Client is happy with their Website.  When Client is happy with their Website, Menus of Texas will consider Client's Website completed and place this completed version live on the internet for Client to use and enjoy.

If Client does not review the preliminary version of their Website or their pending item list within 5 business days from the date Menus of Texas provides these items to the Client, then it shall be Menus of Texas' understanding that Client is happy with their Website and has accepted this “as-is” version as the completed version which Menus of Texas may take live on the internet.

Menus of Texas will review Client's Website text before Client's Website goes live on the internet to correct any possible errors, but it is the Client's sole responsibility to review their complete Website for accuracy.  Menus of Texas will not be held liable or responsible for the accuracy of any:  information, typos, spelling errors or any Website content that exist on a Client's Website.

When Client's Website goes live on the internet, it is agreed that Client has accepted and approved their complete Website, including but not limited to, the design and functionality. Client will be notified by Menus of Texas when Client's Website goes live on the internet.

Client understands, agrees and acknowledges that Menus of Texas does not guarantee a time frame for completion of ANY custom Website.  A custom Website cannot be completed without submission of complete content and participation from the Client.  If Client continually submits additional content throughout the Website design process, and wants such content to be included on their Website, the design time frame may be increased.  If Client’s Website requires custom programming, the overall Website development cost and time frame for completion may be extended.

13.  Website Maintenance (Changes to your Website)

What is Website Maintenance?  Website maintenance begins once your Website has gone live on the internet and is included with your monthly Website service charge.  Website maintenance includes changes to your Website for items such as: business hours, phone numbers, fax numbers, e-mail address, etc. to keep your Website up-to-date.  If you are a restaurant Client, Website maintenance also includes changes and updates to the restaurant menus on your Website.

What is not Website Maintenance?  Website Maintenance does not include significant revisions to your Website after it goes live on the internet.  Significant revisions to your Website are not included as Website Maintenance and you will be charged the current Website Setup Fee for them.

How do I request Website maintenance?  If your changes or corrections are easy, such as a change to your phone number, or a change to your e-mail address, you can just e-mail them to us.

If your changes or corrections are more involved,  please:

  1. print a copy of each of your Website pages that need changed or corrected
        (if you need some help with this just call us),

  2. clearly mark your changes or corrections on each of the printed Website pages,

  3. write your name, business name and your Web address on each of the printed Website pages, and

  4. mail or fax the printed Website pages to Menus of Texas.

Menus of Texas strives to offer fast and dependable Website maintenance for Client Websites.

Client may contact Menus of Texas at 281-222-4488 Monday thru Friday between the hours of 9:00am and 6:00pm Central Standard Time (CST).

Client may to contact Menus of Texas' technical support department by e-mail.

14.  E-mail Addresses

As described in the Menus of Texas Website Service Plan, Client may be provided with a limited number of branded or personal e-mail addresses (e-mail addresses that include a Client's domain name).  If a Client is provided with e-mail addresses, they may be setup and used once a Client’s Website has gone live and the Client has paid to Menus of Texas all fees and charges due to Menus of Texas for their Website.

Menus of Texas accepts no responsibility for e-mail addresses setup on the Client's computers or other e-mail devices, or for the selection and/or installation of e-mail programs to be used with Client's e-mail addresses, for example: Outlook Express.  If a Client is provided with e-mail addresses, Menus of Texas' sole responsibility will be to provide Client with the number of branded or personal e-mail addresses represented by the Menus of Texas' Website Service Plan.

To begin using Client's branded or personal e-mail addresses, Client should contact Menus of Texas' by e-mail (See Technical Support) and provide a list of the requested e-mail addresses to be setup.

15.  Notices

Unless otherwise specifically provided, all notices required or permitted by this TOS shall be in writing and in English and may be delivered personally, or may be sent by e-mail, facsimile or certified mail, return receipt requested, to the address set forth below in this section.  If Client chooses to send request by e-mail or facsimile, a copy of the request must also be sent by regular mail (to the address below in this section) as confirmation of the request.

Notice from Menus of Texas is effective when sent by Menus of Texas, unless otherwise stated in the Notice, regardless of whether the Notice is read or received by Client.

Notices to Menus of Texas, should be sent to the following mailing address:

    Menus of Texas
    118 Marlberry Branch Ct
    The Woodlands, TX  77384
    Attn: Tom A Gerber

Requests may be e-mailed to at Menus of Texas.

16.  Client Contributions to Menus of Texas / PROMOTIONAL AGREEMENT

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Menus of Texas by any means, Client acknowledges and agrees that:

  1. Contributions do not contain confidential or proprietary information;

  2. Menus of Texas is not under any obligation of confidentiality, express or implied, with respect to the Contributions;

  3. Menus of Texas shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;

  4. Menus of Texas may have something similar to the Contributions already under consideration or in development;

  5. your Contributions automatically become the property of Menus of Texas without any obligation of Menus of Texas to you; and

  6. you are not entitled to any compensation or reimbursement of any kind from Menus of Texas under any circumstances.

This provision does not apply to Client Website content or to Client personal information that is subject to the Menus of Texas Privacy Policy.

Client hereby gives permission to Menus of Texas to use samples or links to Client’s custom Website designed by Menus of Texas for marketing and advertising purposes, including but not limited to, use in Menus of Texas' Website portfolio.

17.  Webhosting Agreement / Domain Names

Website Hosting

All Menus of Texas Clients understand, accept and agree that Website hosting for all Websites is provided by Yahoo! on their servers.

Domain Name

A domain name is required in order to use Menus of Texas Website services.

Menus of Texas uses a third party service for domain name registration and renewals.  Menus of Texas cannot guarantee the availability of any domain name and accepts no liability or responsibility for a domain name not being available for registration.  If a domain name is not available for registration, Menus of Texas will assist the Client in selecting and registering another domain name for use with their Website.

Menus of Texas will provide one domain name to each Client, to be used with the Client's Menus of Texas Website.  In order to receive and use the included domain name, Client hereby accepts, agrees to, and will remain agreeable to, this third parties terms of service. Client understands that this third parties terms of service may change at any time, and for any reason.

If after Menus of Texas registers this one domain name, to be used by Client with Client's Website, if Client is not satisfied with, or wants to change this domain name, Client may request that Menus of Texas register one or more additional domain names for use with Client's Website.  Client hereby agrees to pay all fees and/or charges to Menus of Texas for registering each of these additional domain names.

Domain names registered by Menus of Texas and Websites created by Menus of Texas are considered intellectual property of Menus of Texas and as such are protected by applicable intellectual property and copyright laws.  Clients wishing to purchase their domain name and/or their Website from Menus of Texas, may tender to Menus of Texas at anytime a written purchase offer, but Menus of Texas is under no obligation or requirement to accept such purchase offer.  Upon transfer of a domain name and/or a Website to a Client, Client agrees that Menus of Texas is released of all past and future obligations to said Client, including but not limited to, payment of the yearly renewal fee for the domain name which shall be the Client’s sole responsibility.

Each Client has the right to obtain and provide to Menus of Texas their own domain name.  If Client elects to obtain and provide their own domain name, it is the Client's sole responsibility to keep their domain name functional and in service while using their Menus of Texas Website.  In addition, it is the Client's sole responsibility to pay all fees and charges associated with their domain name, including but not limited to, the domain name registration fee and the yearly domain name renewal fee.

Domain names already owned by the Client, shall remain the property of the Client.

18.  Client Name Change & Website Transfer

Client agrees that Menus of Texas services are non-assignable and non-transferable and any rights to Menus of Texas' services terminate upon Client's death or dissolution.

Considering the above, requests to change a Client's name and/or the transfer and use of Menus of Texas' services to a new Client name, must be requested in writing and signed and dated by both the current Client and the new Client.  Proof of transfer (purchase agreement, etc.) and new Client contact and billing information must be included to complete the transfer.  New Client also understands and agrees that by the new Client's request to use Menus of Texas' services, new Client has accepted and agreed to the terms and conditions of Menus of Texas' TOS.

19.  International Use

Recognizing the global nature of the internet, Client agrees to comply with all local rules regarding online conduct and acceptable content.  Specifically, Client agrees to comply with:

  1. all laws and regulations regarding the transmission of technical data exported from the United States, or the country in which Client resides and/or transacts business, and

  2. all laws and regulations regarding the collection and processing of personal data, including those relating to the transborder transfer of personal data.

20.  Interstate Communications

Client acknowledges that by using Menus of Texas' services, Client will be causing communications to be sent through Menus of Texas' computer networks, which may be located throughout the United States.  Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications.  Client acknowledges that use of Menus of Texas' services results in interstate data transmissions and may result in transborder transfer of personal data.  Client hereby consents to the collection, processing and transborder transfer of such personal information as Client may provide or make available to Menus of Texas.

21.  NO SPAM OR UN-SOLICITED BULK E-MAIL

Client agrees not to send or participate in sending any spam or un-solicited bulk e-mail using any of the Menus of Texas services.

Client agrees that Menus of Texas may terminate the Menus of Texas services of any Client which Menus of Texas believes, in it's sole opinion, is transmitting or is associated with anyone or any entity who is transmitting spam or other un-solicited bulk e-mail using the Menus of Texas services.

Client further agrees to pay Menus of Texas liquidated damages in the amount of $1 United States Dollar for each piece of spam or unsolicited bulk e-mail transmitted using Menus of Texas services or actual damages whichever is greater.

22.  Use, Storage and Backup

Client acknowledges that Menus of Texas may establish general guidelines and limits concerning use of Menus of Texas' services and may modify these guidelines at any time without notice to Client.  Limits may include but are not restricted to, the maximum number of days that e-mail messages or other content will be retained, the maximum number of e-mail messages that may be sent from or received by a Client, the maximum size of any e-mail messages sent or received by a Client and the maximum amount of disk space allocated and used on Client’s behalf by Menus of Texas on Yahoo!'s servers.

Client agrees that Menus of Texas has no responsibility or liability for the deletion of, or failure to store or maintain, any messages, e-mails, other communications, or content transmitted on or through Menus of Texas' services.

Client acknowledges, understands and agrees that it is the Client's sole responsibility to backup and/or photocopy all data, information, and content submitted to Menus of Texas or made available for inclusion on or through Menus of Texas' services.

Menus of Texas and Yahoo! periodically back up Client Websites being hosted.  However; Client acknowledges that neither Menus of Texas or Yahoo! will be held responsible for providing Client with a usable backup of Client's Website, Website content, data, e-mail or other Client information while using Menus of Texas' services.  Menus of Texas advises Client to find and use appropriate backup solutions.

23.  Marketing Representations

Menus of Texas makes no representations and is not responsible for the marketing of Client’s: Website, products, services, sales or search engine rankings.  It is the Client’s sole responsibility to market Client’s Website, products, services, sales and search engine rankings .

24.  Billing Policy

Menus of Texas accepts payments via cash, wire transfer, check or money order only.

All amounts invoiced by Menus of Texas to the Client are due and payable to Menus of Texas in United States Dollars only and are due and payable on the date invoiced.

Menus of Texas, in it's sole discretion, may change the prices, fees and/or charges for any of it's Services, at any time and for any reason, with or without prior notice.  Menus of Texas, in it's sole discretion, may also add, change or delete any of it's Services, at any time and for any reason, with or without prior notice.

Menus of Texas in it's sole discretion, may suspend at any time a Client's Services for non-payment.

If a Client's Menus of Texas Services are suspended for any reason, Client agrees to pay to Menus of Texas any outstanding account balance.

Client's understand, agree and accept, that Menus of Texas will not provide Services to any Client who has a past-due account, until their account with Menus of Texas, is current and in good standing (all amounts invoiced to Client are paid in full).  Maintenance, which is one of the Menus of Texas Services, will not be accepted or performed, for any Client with a past-due account.

Client's understand, agree and accept, that their Service with Menus of Texas will continue to renew automatically at the end of each service period until cancelled or terminated in writing by the Client.

Client's understand, agree and accept, that if Client's payment to Menus of Texas for their Service is received by Menus of Texas more than by 10 days after the date it was invoiced, Client may be charged a $25.00 dollar late charge to handle and process Client's late payment.

Client's understand, agree and accept, that if Client pays for their Menus of Texas Service by check, and that check is not honored by Client's bank (your check is returned to us unpaid for any reason) Client may be charged a return check charge of $25.00 dollars.

Client's located outside the State of Texas are not required to pay sales tax.  Client's located within the State of Texas are required to pay sales tax on Client purchases and services, unless a Client is tax-exempt.  Menus of Texas is required by law to collect sales tax from each Client who must pay sales tax.  If a Client is tax-exempt, proof in writing as required by law, must be presented to Menus of Texas to use Client's tax-exempt status.  Sales tax of 8.25% will be charged on Client's monthly Website service charge and Client's Website setup fee if Client is required to pay sales tax.

Menus of Texas does not agree to, and will not honor any limiting notations made by a Client on a check.

Menus of Texas requests that Clients use regular mail when submitting changes to Client billing information instead of using e-mail.

All payments to Menus of Texas should be sent to the following mailing address:

    Menus of Texas
    118 Marlberry Branch Ct
    The Woodlands, TX  77384.

25.  Billing Disputes

Menus of Texas charges a $200.00 fee to handle unauthorized credit card disputes.  Menus of Texas may, to the extent permitted by the law of the state of the billing address on file for Client at the time Client's information is sent to a collection agency, also charge Client for any collection agency fees and/or attorney’s fees billed to Menus of Texas for collecting from Client.

If Client wishes to dispute a charge, Client must first provide Menus of Texas' billing department notice as described in this section, and then must allow 10 business days for a response from Menus of Texas.  To avoid any dispute about Client’s attempt to contact Menus of Texas, Client must send the notice in writing to the following mailing address:

    Menus of Texas
    118 Marlberry Branch Ct
    The Woodlands, TX  77384
    Attn: Service Department.

Requests may be e-mailed to at Menus of Texas.  If Client chooses to send request by e-mail, a copy of the request must also be sent by regular mail as confirmation.

If Client initiates a credit card dispute, the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding upon Client.

26.  Cancellation / Termination Effective Date

The effective date of termination will be the 1st day of the month following receipt of the Client's written notice of termination by Menus of Texas.

27.  Cancellation / Termination of Services

All of Client's Services with Menus of Texas will continue in full force and effect and will be automatically renewed and continued until terminated or cancelled by written notice from Client to Menus of Texas.  Any or all of Client's Services, at any time and for any reason, may be cancelled or terminated by Menus of Texas with or without written notice to Client.

Transferring Client's domain name to another service provider or non-use of Menus of Texas' services does not constitute termination of the Client's services with Menus of Texas.  It is the Client’s sole responsibility to secure confirmation from Menus of Texas that Client's request for termination of services has been received by Menus of Texas.

Any Menus of Texas charges or fees for service, invoiced to a Client, before Menus of Texas' receipt of Client's written notice of termination, will be considered valid and Client hereby agrees to pay these charges or fees for service.

Request for termination of Menus of Texas' services should be sent to the following mailing address:

    Menus of Texas
    118 Marlberry Branch Ct
    The Woodlands, TX  77384
    Attn: Billing Department.

Request for termination of Menus of Texas' services may be e-mailed to at Menus of Texas.  If Client chooses to send request by e-mail, a copy of the request must also be sent by regular mail as confirmation.

The TOS will continue to apply until terminated either by Client or Menus of Texas as set out below.

Client agrees that Menus of Texas has the right, in it's sole discretion, at any time and for any reason, with or without notice to Client, to terminate it's Agreement with Client.  The termination of this Agreement, also results in termination of a Client's use of the Menus of Texas services, which will include the removal of a Client's Website (if any) from the internet and deletion of a Client's Website content (if any).  A back-up copy of Client's Website and Website content, will not be kept or maintained by Yahoo! and/or Menus of Texas.

Cause for termination of Client services by Menus of Texas shall include, but not be limited to:

  1. Client breaches or violations of the TOS,

  2. requests by law enforcement or other government agencies,

  3. a request by Client (Client initiated termination of service),

  4. Menus of Texas' discontinuance of, or modification to,
    Menus of Texas' services (or any part thereof),

  5. unexpected technical issues or problems,

  6. any attempt made by Client's creditors to obtain any interest in Client's rights under the TOS, whether by attachment, levy, garnishment or otherwise,

  7. Client's failure to provide Menus of Texas with accurate and/or complete Client information in a timely manner when using Menus of Texas' services,

  8. engagement by Client in fraudulent or illegal activities,  and/or

  9. nonpayment by Client of any service fees and/or charges owed to Menus of Texas.

Further, Client agrees that all terminations for cause shall be made in Menus of Texas' sole discretion, and that Menus of Texas shall not be liable to Client and/or any third party for any termination of any of Menus of Texas services to Client.

Client understands and agrees that upon termination of this Agreement, Section 16 (Client Contributions to Menus of Texas / Promotional Agreement) and Section 38 (Choice of Law and Forum; Arbitration; Jurisdiction) of the TOS shall survive termination and continue indefinitely.

28.  Menus of Texas' Proprietary Rights

Client acknowledges and agrees that:

  1. Menus of Texas' Website, Client's Website, Menus of Texas' services, domain names registered by Menus of Texas, Menus of Texas' Website designs, databases, or programs created by Menus of Texas and any software used in connection with Menus of Texas' services (the "Software") contain proprietary and confidential information that is protected by applicable intellectual property, copyright laws and other laws.,

  2. Menus of Texas (or Menus of Texas’s licensors) own all legal right, title and interest in and to Menus of Texas' Software including any intellectual property rights which subsist in Menus of Texas' services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).,

  3. Menus of Texas' Software may contain information which is designated confidential by Menus of Texas and Client shall not disclose such information without Menus of Texas' prior written consent.,

  4. the content contained in sponsor advertisements or information presented to Client through Menus of Texas' services or by advertisers and/or promoters is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws., and

  5. except as expressly permitted by applicable law, or authorized by Menus of Texas, advertisers and/or promoters, Client agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on Menus of Texas' Software, in whole or in part.

Menus of Texas grants Client a personal, worldwide, royalty-free, non-transferable, non-assignable, and non-exclusive right and license to use Menus of Texas' Software as part of Menus of Texas' services and in the manner permitted by the TOS; provided that Client does not (and does not permit or allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code, extract the source code of the Software (or any part thereof), unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Menus of Texas in writing.

Client agrees not to sell, assign, (or grant a sub-licence of), grant a security interest in, or otherwise transfer any right (or part of any right) in the Software.  Client agrees not to modify the Software in any manner or form, nor to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to Menus of Texas' services.

Client agrees not to access (or attempt to access) any of Menus of Texas' services by any means other than through the interface that is provided by Menus of Texas for use in accessing Menus of Texas' services, unless you have been specifically allowed to do so in a separate written agreement from Menus of Texas.

29.  Third-Party Services

From time to time third parties may offer service to Menus of Texas' clients.  Use of such third-party services will be at Client’s own risk and subject to the terms and conditions of those third parties.  Menus of Texas does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that Client will be able to access Menus of Texas' services.  Client also agrees that Menus of Texas is under no obligation to provide Client with any enhancements, updates, or fixes to make Menus of Texas' services accessible through any third-party applications.

30.  Contract Service Providers

Menus of Texas may contract with a Service Provider to complete a portion, or all of the Client’s custom Website.  The Client agrees not to do business directly with any Menus of Texas Service Provider, nor to remit payment to any Menus of Texas Service Provider or any Menus of Texas employee directly for Menus of Texas' services.  All payments for Menus of Texas' services must be made directly to Menus of Texas using Menus of Texas' mailing address which can be found in this TOS.  Menus of Texas Service Providers are required to enter into employment contracts and to follow Menus of Texas' company policies and procedures.  Menus of Texas Service Providers are provided with only the information needed to complete the design or development portion of the Client’s custom Website and do not have access to Client’s personal information which includes payment information.

31.  Disclaimer of Warranties

CLIENT’S USE OF Menus of Texas' SERVICES are AT CLIENT’S OWN RISK.  Menus of Texas' SERVICES ARE PROVIDED “AS IS”.  Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) DISCLAIM ANY WARRANTIES REGARDING Menus of Texas' SERVICES INCLUDING THAT THEY WILL MEET CLIENT’S expectations or REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.  Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) DISCLAIM ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Menus of Texas' SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC.  Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) DISCLAIM ANY WARRANTIES REGARDING THE MARKETING OF CLIENT’S PRODUCTS, SERVICES, SALES OR WEBSITE.  Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) DISCLAIM ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH Menus of Texas' SERVICES, OR LINKS PROVIDED BY Menus of Texas' SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY Menus of Texas, AFFILIATES, directors, OFFICERS, EMPLOYEES, agents, PARTNERS or LICENSORS of Menus of Texas, OR OBTAINED THROUGH LINKS PROVIDED THROUGH Menus of Texas' SERVICES.

CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Menus of Texas' SERVICES is DONE AT CLIENT’S OWN RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CLIENT’S COMPUTER SYSTEM or other device, OR for LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.  THE ABOVE EXCLUSIONS MAY NOT APPLY TO CLIENT.

32.  Limitation of Liability

CLIENT UNDERSTANDS AND AGREES THAT Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF Menus of Texas HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).  SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE Menus of Texas' SERVICES, RELIANCE ON Menus of Texas' SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF Menus of Texas' SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.)  THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH Menus of Texas' SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO Menus of Texas' SERVICES.  SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO Menus of Texas' SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO CLIENT.

Without limiting the foregoing, under no circumstances shall Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning.

33.  Tort Claims

Client waives all tort claims against Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any).  The relationship between the parties is contractual in nature only.  Client waives any tort claims that arise by act, or omission.

34.  Indemnification

Client agrees to defend, indemnify and hold harmless Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) from and against all claims and expenses, including attorneys’ fees that may arise or result from any content Client submits, posts, transmits or makes available through Menus of Texas' services, from any product sold by Client, it's agents or employees or assigns, from any service provided or performed or agreed to be performed by Menus of Texas or from Client’s breach or violation of the TOS, including any obligation, representation, or warranty made herein, or Client’s violation of any rights of another.

Client further agrees to defend, indemnify and hold harmless Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) from and against all claims and expenses, including attorneys’ fees, arising from or related to contracts, representations, agreements, promises, etc, made between Client and third parties, or arising from or related to Client’s negligence toward third parties.

35.  Call Monitoring and Recording Privacy Statement

As part of Menus of Texas' commitment to providing the best possible service, Menus of Texas may monitor and record phone calls answered by Menus of Texas and made by Menus of Texas.  Menus of Texas may also archive recorded voice mail messages for future reference.  Menus of Texas may record calls for training purposes, to improve customer service, and to ensure an accurate record of Client calls, which may be needed to support transactions that take place over the phone.  This allows Menus of Texas to identify how Menus of Texas can better serve it's customers.

36.  Negative Comments / Slander

Client specifically agrees not to engage in negative comments or slander regarding Menus of Texas, including but not limited to publishing, or causing to be published, complaints or derogatory comments regarding Menus of Texas in any format, including but not limited to, print, newspaper, television, radio or on internet complaint sites, blogs or other public internet forums.  Should there be a breach of this condition Menus of Texas will be entitled to liquidated damages in the amount of $2,500.00 for each publishing or posting.  If said breach occurs on an internet complaint site each hit to that Website will be considered an individual breach of this condition, and subject to additional liquidated damages of $100 per occurrence.  Further, Menus of Texas shall be entitled to litigate this matter, and obtain the money damages together with injunctive relief.  The prevailing party to that litigation shall be entitled to an award of attorney’s fees.

37.  WAIVER AND SEVERABILITY OF TERMS

The failure of Menus of Texas to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS shall remain in full force and effect.

38.  CHOICE OF LAW AND FORUM;  Arbitration;  Jurisdiction

Client agrees that any dispute or claim arising out of or related to Menus of Texas' services or this TOS, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Harris or Montgomery County, Texas under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules.  The proceedings shall be conducted and all evidence shall be offered in the English language.

Notwithstanding the above, Menus of Texas may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary, including without limitation for breach of Section 28 (Menus of Texas' Proprietary Rights) or (ii) to collect fees due and owing from Client pursuant to this TOS, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.

This Agreement shall be governed in all respects by the laws of the State of Texas, U.S.A. without regard to it's conflict of laws provisions.  Such law shall be applied by the arbitrator to the merits of any dispute or claim.  For any non-arbitral action or proceeding arising out of or related to Menus of Texas' services or this TOS, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Harris or Montgomery County, Texas and further agree that any such action or proceeding shall be brought in a court in Harris or Montgomery County, Texas.

39.  Violations

Menus of Texas may investigate any reported violations of the TOS, or Menus of Texas' policies, procedures or guidelines, or any other complaints regarding Menus of Texas, and take any action Menus of Texas deems appropriate to protect Menus of Texas, it's systems, facilities, Clients, and/or third parties.

Please report any violations of the TOS to at Menus of Texas.

40.  Electronic Signatures

Any one of the following activities between Client and Menus of Texas shall constitute an electronic signature:  use of Menus of Texas' Website, use of Menus of Texas' services, making a payment to Menus of Texas, submission of Website content to Menus of Texas, submission of data, information or documents to Menus of Texas or sending e-mail to Menus of Texas.

41.  NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any purposes, any portion of the Service, access to the Service, or use of the Service, without a prior written agreement from Menus of Texas.  This includes, but is not limited to:

  1. Reselling of e-mail addresses to third parties.

  2. Reselling of Website design services to third parties.

  3. Reselling of Website hosting services to third parties.

42.  ADVERTISEMENTS AND PROMOTIONS

Some of Menus of Texas' services may be supported by advertising revenue and may display advertisements and promotions.  These advertisements and promotions may be targeted to the content of information stored on Menus of Texas' services, queries made through Menus of Texas' services or other information.  The manner, mode and extent of such advertising and promotions is subject to change without specific notice to the Client.

In consideration for Menus of Texas granting Client use of Menus of Texas' services, Client agrees that Menus of Texas may place such advertising and promotions on Menus of Texas' services.

Client's correspondence or business dealings with, or participation in promotions of advertisers found on or through Menus of Texas' services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the Client and such advertiser or promoter.

Client agrees that Menus of Texas shall not be held responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or promoters on Menus of Texas' services.

43.  LINKS AND OTHER RESOURCES

The Services may provide, or third parties may provide, links (or hyperlinks) to other external Websites or resources.

Because such external Websites or resources are provided by companies or persons other than Menus of Texas, and Menus of Texas has no control over such external Websites and resources, you acknowledge and agree that Menus of Texas is not responsible for the availability of such external Websites or resources, and that Menus of Texas does not endorse, and is not responsible or liable for any content, advertising, products or other materials on, or available from, such external Websites or resources.

Client further acknowledges and agrees that Menus of Texas shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with the use of, or reliance on, any such content, goods or services available on or through any such external Websites or resources.

44.  MODIFICATIONS TO Menus of Texas' SERVICEs

Menus of Texas is constantly innovating in order to provide the best possible experience for it's Users.  As part of this continuing innovation, Menus of Texas reserves the right, at it's sole discretion, to modify or discontinue (either temporarily or permanently) Menus of Texas' services (or any part thereof), at any time and for any reason, with or without notice to Client.

Client acknowledges and agrees that Menus of Texas shall not be liable to Client or to any third party for any modification, suspension or discontinuance of Menus of Texas' services (or any part thereof).

45.  MODIFICATIONS TO THE TOS

Menus of Texas reserves the right, at it's sole discretion, to modify the TOS, at any time and for any reason, with or without notice to Client.

When these modifications are made,  Menus of Texas will make a copy of the TOS available at "http://www.MenusOfTexas.com/terms_of_service.html".

Client understands and agrees that it is the Client's responsibility to review the TOS on a regular basis for modifications.  If Client uses Menus of Texas' services after the date on which the TOS have been modified, Menus of Texas will treat Client' use of Menus of Texas' services, as agreement to and acceptance of, the modified TOS.

Any separate agreements to this TOS must be in writing and signed by an authorized agent for Menus of Texas.  Written agreements may include, but are not limited to: e-mails, memos and letters.

46.  TRADE MARKS

All trade names, trade marks, service marks, logos, slogans, domain names and other distinctive brand features (collectively "Marks") are the properties of their respective owners.  Menus of Texas disclaims any proprietary interest in Marks other than it's own.

Nothing in the TOS or Menus of Texas' services give any Client the right to use any of Menus of Texas' Marks.  If Client has been given the right to use any of Menus of Texas' Marks, in a separate written agreement from Menus of Texas, then Client agrees that their use of such Marks shall be in compliance with that written agreement.

Client agrees that they shall not remove, obscure, or alter any notices of Marks which may be affixed to or contained within the the TOS or Menus of Texas' services.

47.  ENTIRE AGREEMENT

The TOS constitute the entire understanding, contract and agreement between the Client and Menus of Texas and govern the Client's use of Menus of Texas' services, superseding any prior agreements, discussions, communications, conversations and/or legal agreements (including, but not limited to, any prior versions of the TOS).

You may also be subject to the terms and conditions of other companies and/or individuals, other than Menus of Texas, from whom you have purchased services, products, goods, etc.  Menus of Texas' TOS do not affect any of your legal relationships and/or legal agreements with any of these other companies and/or individuals.

48.  EXCLUSIVE REMEDY

Client accepts and agrees that Menus of Texas' entire liability and Client's exclusive remedy, in law, in equity, or otherwise, with respect to any of Menus of Texas' services under this TOS and/or for any breach of this TOS by Menus of Texas is solely limited to the amount Client paid to Menus of Texas for Menus of Texas' services during the term of this TOS.

In no event shall Menus of Texas, it's subsidiaries, affiliates, directors, officers, employees, agents, partners, licensors and/or third parties providing services (if any) be liable for any indirect, incidental, special or consequential damages even if Menus of Texas has been advised of the possibility of such damages.

To the extent that a state does not permit the exclusion or limitation of liability as set forth herein Menus of Texas’s liability is limited to the extent permitted by law in such states.

49.  LIMITATION & REFUSAL OF SERVICE

Menus of Texas reserves the right, in it's sole discretion, at anytime and without prior notice, to limit or refuse any of Menus of Texas' Services to any Client, including but not limited to Website design services or Website hosting services.

Menus of Texas shall not be liable to any Client or any third party, for any loss or damages, resulting from such limitation or refusal of Menus of Texas' services.

50.  Written Document

Client agrees and understands that they may preserve the TOS in written form by printing the TOS for their records.  Client also waives any requirement that the TOS be evidenced by a written document.  Menus of Texas suggests that Client print or save a local copy of the TOS for Client's records.

51.  Section Titles

Client agrees that the section titles in the TOS are for convenience only and have no legal or contractual effect.

52.  Language of the Terms

The English language is accepted and will be used as the language for the TOS which govern Client's relationship with Menus of Texas.

53.  STATUTE OF LIMITATIONS

Client agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Menus of Texas' services or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

54.  Independent Review

Client acknowledges that they have read, understand, accept and agree to all of the terms and conditions in the TOS and any other related Website screens, documents, guidelines and/or policies referenced and incorporated into the TOS.

Client represents that following this review they have independently evaluated all aspects of the TOS and the desirability of entering into the transactions contemplated in the TOS and are not relying on any representation, guarantee or statement other than those expressly set forth in the TOS.

55.  INBOUND LINKING

Linking to any page of Menus of Texas' Website other than to the "home" page ( "http://www.menusoftexas.com/" ) in the absence of a separate linking agreement with Menus of Texas is strictly prohibited.

In addition, inbound linking Websites are prohibited from:

  1. replicating any of Menus of Texas' content,

  2. using a browser or border environment around any of Menus of Texas' content,

  3. implying that Menus of Texas is endorsing it or any of it's products,

  4. misrepresenting any facts with regard to it's relationship with Menus of Texas,

  5. presenting false information with regard to Menus of Texas, it's products or it's services, and

  6. using any Mark of Menus of Texas without a written agreement from Menus of Texas.

 

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