Terms & Conditions

Instant Restaurant Websites (IRW)

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND THE PRIVACY POLICY IN THEIR ENTIRETY BEFORE USING THIS WEBSITE.

These terms & conditions of use are an agreement between Webtacular, LLC, owner and parent company of InstantRestaurantWebsites.com and Users of its website (“you” or “User”). This agreement (the “Agreement”) also governs your use of the products and services made available to you by Webtacular, LLC, through its website Instant Restaurant Websites (IRW).com and will collectively be termed Instant Restaurant Websites (IRW) throughout this document. By clicking on the button marked “I agree to the terms and conditions” during the registration process or by using Instant Restaurant Websites (IRW), you acknowledge that you have reviewed and agree to all of the provisions, disclosures and disclaimers in this Agreement and agree to be bound by them in connection with your use of Instant Restaurant Websites (IRW). The website(s) created through the Instant Restaurant Websites (IRW) system by you shall be hereafter referred to as UserSite(s).

Restriction Regarding Age & Nature of Uses
You must be at least 18 years of age to use Instant Restaurant Websites (IRW). You agree to be solely responsible for (i) maintaining such controls over the use and/or access to your account on Instant Restaurant Websites (IRW) by minors in your family and (ii) limiting access to your computer or login to the extent necessary to restrict use to adults with your permission. Instant Restaurant Websites (IRW) may not be used by any automated device or automated computational machine. Instant Restaurant Websites (IRW) may only be used or accessed through an electronic device under the manual control of User at all times.

Our Terms and Conditions
BY USING OUR WEBSITE AND OR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS.
You (the “User”), by using, accessing, or attempting to interact with InstantRestaurantWebsites.com, UserSite(s) or other Webtacular, LLC. software, services, websites, or any of their licensees services or software (collectively hereafter referred to as “Services”), agree to be bound and abide by the terms and conditions of this Agreement.

  1. Overview
    You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Webtacular, LLC. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.

– You agree that you will only use the Services if you are a person over 18 years of age.

– You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code or any design used in or with Instant Restaurant Websites (IRW).

– You agree that you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in Instant Restaurant Websites (IRW) (which includes its software and documentation), create derivative works based on or in any manner commercially exploit Instant Restaurant Websites (IRW) in whole or in part.

– You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the law in the federal and state courts located in Maricopa County, Arizona.

– You agree that Instant Restaurant Websites (IRW) is offered on an “as is” basis and is to be used by the User solely at his or her own risk. No warranties are made or implied by Instant Restaurant Websites (IRW) and you agree not to hold Webtacular, LLC. responsible regarding the usabilities of the Services or inability to use the UserSite(s) or the Services at any time or for any loss of information, revenue or business regardless of reason.

– You agree that user-specific information provided by User in connection with Instant Restaurant Websites (IRW) shall be used by Instant Restaurant Websites (IRW) to provide services and features to the user and to maintain the associated UserSite(s).

2.
LIMITATION OF LIABILITY.

IN NO EVENT WILL Webtacular, LLC, ITS SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST PROFITS OR DATA, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY’S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, LOSS OF PERSONAL DATA ON OR INABILITY TO USE, THE WEBSITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF Instant Restaurant Websites (IRW) OR Webtacular, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH Webtacular, LLC, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS SECTION WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THIS EXCLUSION AND LIMITATION.

3.
Acceptable Use of Website and Services

Webtacular, LLC. does not allow any of the following content, or links to such content, to be published on the Service or UserSite(s):
o Content of a pornographic, sexually explicit, or violent nature.
o Content of an illegal nature (including stolen copyrighted material).
o Pirated software sites, including cracking programs or cracking program archives.
o Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.
Users found to be posting any of the above content on their sites will be notified using User’s current email address on file, and given a 48-hour grace period to make any corrective actions. If no corrective actions are taken, Webtacular, LLC. will suspend the services of the member account until a resolution is met between Webtacular, LLC. and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees and the User to be banned from future use. Webtacular, LLC. reserves the right to cancel or deny any User’s service or account at any time, with or without cause.
In addition, Webtacular, LLC does not allow any of the following:
o Users may not use the Service as a remote storage server only.
o Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
o Users must exercise caution when hosting large downloads (>10MB). Webtacular, LLC reserves the right, at its own discretion, to refuse to host any large or large number of downloadable files.
o Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any UserSite(s) published on the Service.
Users are not permitted to knowingly allow another website or hosting server to link to content files stored on Webtacular, LLC servers. Users deemed to be using the Service solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Webtacular, LLC. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account on the Service.

4.
Cancellation / Chargeback / Refund Policy

0. No refunds for late account cancellations. Cancellations must be made through the website prior to the next billing period. If login information is lost or the website login area is not functioning for any reason and the User is unable to cancel the account through the website, it is the User’s responsibility to notify InstantRestaurantWebsites.com of this issue prior to the end of the billing cycle.
1. Free Trial Period Cancellation. Instant Restaurant Websites (IRW) free trial account, allows you to evaluate the service for a period of 30-days. Although credit card information is collected to initiate a trial account, charges will only be applied if the account has not been cancelled through the User login area before the last day of the free trial period.
2. No Phone Cancellations. Cancellations must be made by the User through the website and are not accepted over the phone.
3. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount within 7 business days.
4. Webtacular, LLC has a zero-tolerance policy for invalid chargebacks. Any User who disputes a credit card payment that is found to be valid may be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to credit reporting agencies.
5. No Refund for unused portion of account or early contract cancellations. If you pay in advance for a monthly, quarterly, semiannual or annual account and cancel before the end of your time period, there are no whole or partial refunds.

Cancellation, Charges & Refunds:

Cancellation/Refunds. The free trial allows you to evaluate the service for 30 days. Credit card information is collected to initiate the trial account. Our low $25 monthly membership charge will occur if the account has not been cancelled before the end of the trial period. This monthly fee will recur every 30 days, and your membership will continue until you choose to upgrade or cancel your account. There are no refunds after a charge has occurred.

5.
Free Trial Cancellation Policy.

  • The first 30-day period of your subscription is FREE, however with limited features. After the first 30 days all features become active. You may contact us to waive this Free Trial period to begin using all features immediately.
  • You may cancel your subscription within the first 30 days and you will be charged nothing.
  • Your credit card will be charged $25 (or the cost of the plan you select – see pricing plans) on the 30th day of your subscription and will be charged the same amount each month until cancellation or upgrade of your subscription.
  • There are no refunds after a charge has been made, however you will not receive any future charges after the subscription has been cancelled.
  • You may cancel your subscription package at any time by logging-in and going to the “Account” and choosing “Cancel My Account.” For your reference, there is a video tutorial outlining the steps to cancel your account under the Support tab which includes a Knowledge Base of “how-to” videos. Please note there are no refunds for any unused portion of any subscription period except in the case of an error or misbilling. If you believe you have been misbilled, please contact us at info@InstantRestaurantWebsites.com or call within one billing cycle of the suspected misbilling and a credit will be issued if warranted.

If you forgot your password, please use the forgotten password feature on the login page. You may also email or call us for assistance at Monday through Friday during regular business hours (MST), however we are not responsible for missed deadlines

How to Cancel:
You may log-in to your account and cancel at any time through the website. We do not allow our agents to cancel accounts over the phone or ask for your password. This is for security purposes!

6.
Temporary Use License Granted

A. Only for the duration of being logged into the User’s valid Instant Restaurant Websites (IRW) account, the User is granted a non-exclusive, non-transferable temporary license, subject to the terms and conditions of this Agreement, to use the Services.
B. A valid Instant Restaurant Websites (IRW) account may only be created and maintained by a User who fully provides valid personal information about the User in the registration process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
C. The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
D. Pre-written content provided on the website templates is copyright protected and provided by Instant Restaurant Websites (IRW) for use on UserSite(s) only for the duration of the User’s active, valid account and may be used by multiple different Users at any given time. The content may not be reproduced or used on any other website or materials outside of active Instant Restaurant Websites (IRW) UserSite(s).

7.
Usage of Free Domain Names and Email Accounts

0. Free domain name(s) associated with a User’s account are provided by Instant Restaurant Websites (IRW) as Free for use during the term of the User’s uninterrupted, paid account, are the property of Webtacular, LLC. Upon cancellation or termination of an account, User will no longer have access to the domain name. As owner of the domain name, Webtacular, LLC. may do as it desires with the domain name including reusing, selling, trading or holding the domain at its sole discretion.
1. Should a User desire to purchase the domain name from Instant Restaurant Websites (IRW), it is recommended they call prior to canceling the account to discuss such possibility.
2. Any email accounts associated with a domain name that was provided to the User for Free use by Instant Restaurant Websites (IRW) during the term of the User’s uninterrupted, paid account will become immediately deactivated upon cancellation or termination of the User account and all emails may be permanently lost. Therefore, it is advised to copy any important emails you may have that are associated with the Free domain name prior to account cancellation or termination.

8.
Subscription Fees, Billing & Other Costs

0. User agrees to either a one (1) month, three (3) month or twelve (12) month service (User) agreement term with Webtacular, LLC.
1. User can opt to upgrade the service agreement at any time during User’s contracted term.
2. Downgrade of a service agreement is only allowed at the end of the contract and prior to the start of the new contract.
3. At the end of the contracted term, the agreement will automatically renew indefinitely or until explicitly cancelled by the User. Cancellation must be made via the User’s online account at InstantRestaurantWebsites.com. Cancellation must be done at least one (1) day prior to the end of the contract term.

9.
Material and Products

0. Webtacular, LLC. and its Partners provide Services on an “as-is” basis.
1. Webtacular, LLC. shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability on UserSite(s).
2. Use of the Services requires a certain level of knowledge in the use the Internet and World Wide Web. The User is expected and required and acknowledges to have this level of knowledge.
3. It is not the responsibility of Webtacular, LLC. to provide free support for the User in the use and operation of InstantRestaurantWebsites.com.
4. Only services and features clearly indicated as “free” or “no charge” are free or without charge. All other applications, features, functionality and support provided by Webtacular, LLC. and its partners are provided for a fee and the User is liable for such fees.
5. Unless expressly agreed to via signed contract under our Instant Restaurant Websites (IRW) Reseller Program, the User may not rent or lease or provide the Services (including any software or documentation used by or with the Service) to any third party.
6. The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
7. The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others unless under current contract with our Instant Restaurant Websites (IRW) Reseller Program.

10.
InstantRestaurantWebsites.com Etiquette and Privacy

0. Electronic forums such as mail distribution lists and news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
1. The network resources of the Services may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Webtacular, LLC..
2. All messages transmitted via the Services should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
3. All users shall not attempt to undermine the security or integrity of computing systems or networks of Webtacular, LLC.., Inc., its websites, Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
4. All user-specific information provided by user in connection with Services shall be governed by the Instant Restaurant Websites (IRW) Privacy Policy (located at https://beta.InstantRestaurantWebsites.com/privacy-policy/). User understands and accepts all terms and conditions contained within the Instant Restaurant Websites (IRW) Privacy Policy.
5. Webtacular, LLC.. reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User’s website on the Instant Restaurant Websites (IRW) system.

11.
Taxes

0. Webtacular, LLC. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the Services.
1. The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.

12.
Lawful Purpose

0. Services provided to or used by the User may only be for lawful purposes.
1. Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
A. This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
B. This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
2. Users are prohibited from using the Services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic, or illegal material, or any other material which Webtacular, LLC. deems, at its sole discretion, to be objectionable, including, but not limited to, propaganda, disinformation, pornography, satanic materials, and any and all materials of offensive or of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the Webtacular, LLC. management.
3. The User agrees to indemnify and hold harmless and defend Webtacular, LLC. from any claims resulting from the User’s use or User’s allowed use by others of the Services which damages either Webtacular, LLC. its officers, its employees, its directors, its partners, or another party or parties.

13.
Indemnification

0. You agree to indemnify and hold harmless Instant Restaurant Websites (IRW), Inc.., its affiliates and their respective officers, directors, agents, and employees from and against any claim, demand, or cause of action, including any (including attorneys fees) arising out of claims based on any aspect of your use of the Website and Materials, including without limitation, (i) your failure to comply with these Terms & Conditions of Use; and (ii) your infringement, violation, or misappropriation of any third party rights or any applicable law or regulation.

14.
Limited Liability

0. User shall defend, indemnify, save and hold Webtacular, LLC. (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
1. User shall defend, indemnify and hold harmless Webtacular, LLC. (including, its agents, its clients, its servants, officers, directors and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
2. Under no circumstances, including negligence, shall Webtacular, LLC. (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating, producing or distributing Webtacular, LLC. Services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Services (including InstantRestaurantWebsites.com and User websites); or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Webtacular, LLC. records, programs or Services. This paragraph shall apply to all content and functionality of InstantRestaurantWebsites.com and Webtacular, LLC. Services.
3. Notwithstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to Webtacular, LLC. during the current month, except where such limitations are not enforceable.
4. Such limitations shall apply to Webtacular, LLC. total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

15.
Trademarks and Copyrights

0. User warrants that it has the right to use the any trademarks, processes, or other materials it uses with the Services, if any.
1. User warrants that its content does not infringe any third party copyrights or patents.

  1. Pre-written content provided on the website templates is copyright protected and provided by Instant Restaurant Websites (IRW) for use on UserSite(s) only for the duration of the User’s active, valid account and may be used by multiple different Users at any given time. The content may not be reproduced or used on any other website or materials outside of active Instant Restaurant Websites (IRW) UserSite(s).

16.
Service Reliability and Warranties

0. Webtacular, LLC.., Inc. makes no warranties or representations of any kind, whether expressed or implied for the Services.
1. User’s, use of Webtacular, LLC.., Inc. Services are at User’s sole risk. Neither Webtacular, LLC., its employees, directors, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Instant Restaurant Websites (IRW) or other Webtacular, LLC. Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Webtacular, LLC. Services, unless otherwise expressly stated in this Agreement.
2. Webtacular, LLC. disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the User, or viewers and users of User’s website or materials, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the User. Use of any information obtained by way of Webtacular, LLC. is at the User’s own risk, and Webtacular, LLC. specifically denies any responsibility for the accuracy or quality of information obtained through its Services.
3. Damages claims for unavailability of the Services against Webtacular, LLC. are expressly limited to the pro-rata portion of any monthly charge pre-paid by the User directly to Webtacular, LLC. for the period of the system unavailability. “System unavailability” shall be narrowly defined as an unscheduled outage of more than 2 hours, but in no case shall include outages for maintenance, upgrade or repair where Users are sent notice of such outages in advance via email or notice is posted on an Instant Restaurant Websites (IRW) Notices page.
4. Under no circumstances will Webtacular, LLC. bear any responsibility for any damages arising as a consequence of such unavailability as defined in item #3 above.

17.
Contract Revisions and Applicable Legal Jurisdiction

0. Revisions to this Agreement will be applicable to previous version of this Agreement. Revisions will be considered agreed to by the User continuing to use of or access the Services in any way.
1. Webtacular, LLC. reserves all rights for changes and/or modifications to the Services and rates and will communicate these changes to the subscriber within 30 days of their effect.
2. This Agreement constitutes the entire understanding of the parties, and is agreed to being entered into in the State of Arizona.
3. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona and no party shall object to removal or prosecution of any litigation to a federal or state court in Arizona.

18.
Termination of Account

0. An account may be cancelled or terminated at any time by either party, without cause, and without notice.
1. If the User fails to comply with any of the terms of this Agreement or the intellectual property protections applicable to the Services, Webtacular, LLC. may seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the County of Maricopa, Arizona.
2. Upon notice of termination of Services by Instant Restaurant Websites (IRW) to User via e-mail account provided in User’s personal information, or by voluntary termination of service by User, Webtacular, LLC. reserves the right to delete all data, files, or other information that is stored in the User’s account. It is the User’s sole responsibility to download or copy any such important information prior to termination of an account and should not expect any notice or reminder to do so from Instant Restaurant Websites (IRW). Should an account be terminated for any reason, Instant Restaurant Websites (IRW) may hold user information for any period of time at its sole discretion. It is the User’s sole responsibility to contact Instant Restaurant Websites (IRW), Inc. to gather any important information from the UserSite(s), however Instant Restaurant Websites (IRW), Inc. makes no guarantee the User’s information will remain on file for any period of time after the account termination date.
3. Upon termination for any reason, all domain name(s) associated with the User’s account that were provided by Instant Restaurant Websites (IRW) for “Free” for use during the term of the User’s uninterrupted, paid account, shall be immediately relinquished to Instant Restaurant Websites (IRW) as these domains are the property of Webtacular, LLC. and may immediately be reused, sold, traded or held at its sole discretion. In addition, any email accounts associated with the domain name will also become immediately deactivated. Should a User desire to purchase the domain name from Instant Restaurant Websites (IRW), it is recommended they call prior to cancellation to discuss the possibility.

19.
Scope of Agreement

0. Unless expressly noted otherwise, these terms and conditions are the entire terms and conditions of the User agreement and User agrees that by continuing to use the Services, that these terms and conditions supercede or replace any and all prior terms and conditions associated with the Services, files and applications available on or through the domain www. InstantRestaurantWebsites.com, sub-domains, and UserSite(s).

In such instance that any portion of these terms and conditions are found unenforceable, all remaining enforceable portions of these terms and conditions shall remain in effect.

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