Terms of Use

4 Leaf Labs, Inc. operates its website, located at www.orderspoon.com , and its mobile app (collectively "Orderspoon"). Please read the following Terms of Use carefully before using Orderspoon.

1. Applicability & Acceptance of These Terms of Use

By viewing, using, accessing, browsing, or submitting any content or material on Orderspoon, you agree to these Terms of Use as a binding legal agreement between you and 4 Leaf Labs, Inc., without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any content or material to Orderspoon. If you do not agree to these Terms of Use, then you may not use Orderspoon. 4 Leaf Labs, Inc. reserves the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to Orderspoon shall be subject to the then-current Terms of Use, and continued use of Orderspoon now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.

2. User License

Scope

4 Leaf Labs, Inc. grants you permission (which may be revoked at any time for any reason or no reason) to view Orderspoon and to download, email, share via social networking or print individual pages from Orderspoon in accordance with these Terms of Use and solely for your own personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained on such pages. No other use is permitted. You may not, for example, incorporate the information, content, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, content, material, software, products or services obtained from Orderspoon, except as specifically noted above. Except as specifically authorized by 4 Leaf Labs, Inc., you may not deep-link to Orderspoon for any purpose or access Orderspoon manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any portion of Orderspoon or any information, content, or material on Orderspoon. 4 Leaf Labs, Inc. reserves all of its statutory and common law rights against any person or entity who violates this paragraph. You may not link or frame to any pages of Orderspoon or any content contained therein, whether in whole or in part, without prior written consent from 4 Leaf Labs, Inc.. You may share links to Orderspoon via social networking technology reference on Orderspoon. Any rights not expressly granted herein are reserved.

User Conduct

You agree that your use of Orderspoon and or services on Orderspoon is subject to all applicable local, state and federal laws and regulations. You also agree:

Harm from Commercial Use

You agree that the consequences of commercial use or re-publication of content or information from Orderspoon may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that 4 Leaf Labs, Inc. will be entitled to temporary and permanent injunctive relief to prohibit such use.

ORDERING AND PAYMENT

When you place an order through the Orderspoon you will be given a choice of payment options, which may include via credit card and direct payment to the applicable merchant. If you pay for your purchase via credit card, we will ask for a valid credit card, as applicable, which will be billed directly to the merchant for the purchase price of the applicable order. The store's name will be the name that appears on the credit card, as applicable. Orderspoon, including the website and mobile apps, is not and shall not in any manner be considered the seller of any of the food, beverages, merchandise and services ordered.

REFUND POLICY

Orderspoon takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the restaurant or store directly, but, if you have not been able to resolve your issue with the merchant to your satisfaction, please contact Orderspoon and we will try to assist you.

DATA AND TEXT MESSAGE RATES

You may be able to access the Orderspoon Services through your mobile device or cellphone. To place an order or login, a text message will be sent to you to either complete the transaction or make you aware of a transaction. If a restaurant is unable to reach you to complete delivery, we may send you a text message. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data and messaging plans to understand any relevant costs incurred by your use of the Orderspoon Services. We are not responsible for any fees charged by your data or cellphone carrier.

You hereby consent to receive text messages from or on behalf of Orderspoon as a part of the Orderspoon Services at the cell phone number(s) provided by you to Orderspoon. You also agree that such text messages may be generated using an automatic telephone dialing system. You should must us immediately if the cell phone number(s) you have provided to Orderspoon are changed or disconnected so that we can stop sending messages to the number you provided.

You may reply with "STOP" to unsubscribe to text messages.

3. Termination and Modifications to Orderspoon

4 Leaf Labs, Inc. reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue as defined in the terms of use for merchants at www.4leaflabs.com/terms-of-use

4. Indemnity

You agree to indemnify and hold 4 Leaf Labs, Inc., its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of Orderspoon, with your Submissions, with any alleged infringement of intellectual property or other right of any person or entity relating to Orderspoon, your violation of these Terms of Use, and any other acts or omissions relating to Orderspoon.

5. Disclaimer of Warranties

6. Limitation of Liability

7. Your account, password, and security

As a courtesy to you, Orderspoon may offer links to other websites. Some of these websites may be affiliated with 4 Leaf Labs, Inc. while others are not. 4 Leaf Labs, Inc. is not responsible for the contents of any website pages created and maintained by organizations independent of 4 Leaf Labs, Inc.. Visiting any such third-party website pages is at your own risk. 4 Leaf Labs, Inc. has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by 4 Leaf Labs, Inc.. By using Orderspoon you acknowledge that 4 Leaf Labs, Inc. is responsible neither for the availability of, nor the content located on or through any third-party website pages.

9. Trademarks

Marks, logos, and names of 4 Leaf Labs, Inc., used on or in connection with Orderspoon may not be used in connection with any product or service that is not under 4 Leaf Labs, Inc.'s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits 4 Leaf Labs, Inc.. All other trademarks not owned by 4 Leaf Labs, Inc. (or its affiliates) that appear on Orderspoon are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 4 Leaf Labs, Inc. or its affiliates.

10. Consideration

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of Orderspoon and receipt or use of data, content, products and/or services through Orderspoon.

11. Jurisdiction, Applicable Law, and Limitations

This Site is created and controlled by 4 Leaf Labs, Inc. in the State of California, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of California, without regard to its conflicts of law provisions. Use of Orderspoon is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. 4 Leaf Labs, Inc. makes no claims or assurances that Orderspoon are appropriate or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through Orderspoon must be filed in a federal or state court located in Santa Clara County, California, within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

12. General

Enforceability

If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Entire Agreement

Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of Orderspoon, these Terms of Use, which hereby incorporate by reference the terms of 4 Leaf Labs, Inc.'s Privacy Policy, constitute the entire agreement between you and 4 Leaf Labs, Inc., superseding all prior agreements regarding Orderspoon.

No Waiver

The failure of 4 Leaf Labs, Inc. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.

Headings & Construction

The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

13. Contact

For purposes of providing contact, feedback, notice of cancellation or termination, contact us at [email protected].