PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE (the “Terms” or “Agreement”). BY USING THE SERVICE OR SELECTING THE “Yes, I Agree” BUTTON you (“you”, “your”), AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND THAT YOU HAVE ENTERED INTO A LEGALLY BINDING AGREEMENT WITH Americana RD Inc (Americana). (“Americana”, “we”, “us”, and/or “our”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU WILL NOT BE PERMITTED TO USE THE SERVICE.
BY ENTERING INTO THIS AGREEMENT YOU WARRANT THAT YOU ARE A RESIDENT OF THE CONTINENTAL UNITED STATES, AND THAT YOU ARE 16 YEARS OLD OR OLDER.
Americana offers programs where users have the ability to receive offers and rewards from our customers (collectively, “Offers”). Our Offers programs are white labeled for our customers so that it appears that you are only using our customers’ platform. If you are accessing these Terms through a white labeled solution, the entity through which you are accessing these Terms will be referred to as the “Hospitality Merchant”. The Hospitality Merchant is an intended third-party beneficiary to this Agreement.
Your use of the Americana platform and/or the application software program, including your ability to receive offers, is subject to the following Terms (as such Terms may be amended from time to time in accordance with these Terms). The ability to access and use the Americana platform and the application software programs are, collectively, referred to herein as the “Service(s)”.
We may change these Terms from time to time. If changes occur, we will notify you by posting the updated Terms on the Americana WebSite located at https://www.americanakitchenandbar.com/ (or such other location we may notify you of) and we will notify you to review such revised Terms the first time you use the Services after any such changes to the Terms. We may also notify you of such changes to the Terms by email or by in app messaging, in each case, to the contact information affiliated with your account. Updated versions of the Terms will never apply retroactively, and the updated Terms will give the exact date they go into effect. Changes will go into effect no less than 30 days after we notify you via one of the methods set forth above. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the effective date of the any such changes to the Terms means you accept those new terms. In addition, some services offered through the Service may be subject to additional terms and conditions adopted by Americana. Your use of those services means you agree to be subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
You may view content on the Services without registering for an account, but as a condition of using certain aspects of the Services, including receiving offers, you are required to create an account. If you sign up for a user account, you may be required to select a username and password and provide accurate, complete, and updated contact information, identification details, and any other form of authentication that we may request in our discretion. By submitting the registration information requested you represent and warrant to us that all of the personal information you provide during this process is true and correct. We reserve the right to refuse or cancel your registration or your use of the Services if we determine that you have not provided complete and accurate information regarding your identity and/or have otherwise not provided accurate information.
You agree that you will not choose or use a user name that: (i) belongs to another person or is used with the intent of impersonating another person; or (ii) is subject to any rights of a person other than you without appropriate authorization. You may never use another person’s sign-in credentials to access the Services.
You are solely responsible for maintaining the confidentiality of your account and any password you may have created, and for restricting access to the Service(s) via your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to email@example.com immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. You may terminate your account at any time.
Americana cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Regardless of whether you create an account, you are still subject to the terms and conditions set forth in these Terms.
- Offers and Rewards
All Offers made available in connection with the Service are promotional only. Such Offers are made available directly by the relevant Hospitality Merchant providing such Offer and not Americana. Offers are redeemable solely for the applicable goods or services as determined by the Hospitality Merchant. The Hospitality Merchant, not Americana, is the provider of the Offers and such goods and services, and the Hospitality Merchant is solely responsible for redeeming any Offers you obtain. Americana will have no liability if a Hospitality Merchant refuses or fails to honor any Offer or other promotional marketing activities. Upon termination of your account, all offers and rewards in the account that you had, but did not use prior to the termination, will be forfeited. Upon termination of the Services with respect to specific Hospitality Merchant(s), all offers and rewards with respect to the terminated Hospitality Merchant(s) that you had, but did not use prior to the termination, will be forfeited.
Exchanges and Refunds
No exchanges or refunds will be provided.
- Mobile Services
- By becoming a registered user of the Service(s), and by indicating your consent to receiving electronic messages from us by checking the checkbox on the mobile site, you consent to receiving electronic messages through your mobile device by SMS, MMS, text message, or other electronic means, sent by us and/or the Hospitality Merchant through which you accessed these Terms. Electronic messages include recorded voice, artificial voice, pre-recorded messages, and autodialer calls.
- By providing a mobile phone number, you represent to us that you are the owner and/or an authorized user of that number, with the authority to grant us the right to communicate electronically with that device. You understand that we will rely on that representation until you inform us otherwise. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
- You acknowledge that the messages to you may be promotional messages, informational messages or relationship messages. We shall limit promotional messages to no more than 5 messages per month. Informational and relationship messages may be sent as necessary; no limit on the number of messages can be estimated in advance of need.
- You consent to receiving recorded voice, artificial voice, pre-recorded messages, and autodialer calls.
- Depending on the policies and your contract with your mobile carrier, message and/or data charges may result from these messages.
- You may set and adjust your preferences through the mobile site’s “Preferences” tab on your account page.
- You may contact Customer Service as provided in Section 24. For help from the mobile app, simply text “HELP.”
- Should you wish to stop receiving mobile messages (“opt out”), you may do so by: (1) texting “STOP” through the mobile app; (2) calling us at the phone number provided in Section 24; or (3) sending us an e-mail at the e-mail provided in Section 24. Should you later wish to again receive messages, you may resume by texting us: “START.”
We grant to you a limited, personal, revocable, non-exclusive and non-transferable right and license to use the Services until his Agreement is terminated. The Services are for your personal and non-commercial use. The Services, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through the Services, (including without limitation, copyright, patent, trademark, service mark, trade secret protections, collectively, “Intellectual Property”) are the property of Americana or the property of our licensors. Our Intellectual Property is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. All rights regarding the Intellectual Property not expressly granted in this Agreement are reserved by Americana.
- Reservation of Rights
You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services under this Agreement, or any other rights thereto other than the limited right to use the Services in accordance with the license granted herein, and subject to all terms, conditions, and restrictions, under this Agreement. Americana and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
- Limitations of Use
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or applicable law. The Services are provided only for personal, non-commercial use. You are responsible for all of your activity in connection with the Services. You agree not to use the Services:
- If you are our direct competitor of Americana, except with our prior written consent.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate Americana, a Americana employee, a Hospitality Merchant another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Americana, Hospitality Merchants, or users of the Services or expose them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
- Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
- Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
If for any reason, Americana determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services (or any portion thereof) by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.
Americana may from time to time in its sole discretion develop and provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Americana and the Hospitality Merchant has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality provided via the Services.
- Collection and Use of Your Information
- Term and Termination
The term of Agreement commences when you acknowledge your acceptance to these Terms or when you first use of the Service and will continue in effect until terminated by you or Americana as set forth in this section. You will be required to accept the terms and conditions of this Agreement for each Hospitality Merchant with whom you elect to enroll in their Offers program.
You may terminate this Agreement by deleting your account through your use of the Services or by contacting Americana at help@Americana.com.
You may terminate your use of the Services as such use relates to specific Hospitality Merchant(s) by contacting Americana at help@Americana.com.
Americana may terminate this Agreement at any time without notice if it ceases to support the Services, which Americana may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if Americana determines, in its sole discretion, that you have violated any of the terms and conditions of this Agreement. We reserve the right to cancel your use of the Services in the event of fraud or abuse of privileges.
If your account is cancelled or otherwise terminated, Americana reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content on our servers.
All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
10. Third-Party Materials
The Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials provided by Hospitality Merchants) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Americana is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Americana does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
- User Contributions
- DISCLAIMERS OF WARRANTIES
YOU USE THE APPLICATION, THE SERVICES AND OUR WEBSITE IS AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE THAT ANY INFORMATION THAT YOU CHOOSE TO SHARE VIA THE SERVICES IS AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SERVICE(S), AND ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT OR IN THE SERVICES PROVIDED BY US. YOU AGREE THAT YOUR ACCESS TO, AND USE OF THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE FOREGOING IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS AVAILABLE THROUGH THE SERVICES OR OUR WEBSITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN OUR LIABILITY AND RESPONSIBILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, IN NO EVENT SHALL Americana, HOSPITALITY MERCHANTS, Americana LICENSORS, NOR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, HOWEVER ARISING, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF TWO HUNDRED AND FIFTY DOLLARS ($250.00 U.S.). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, Americana’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- Third-Party Web Sites, Products and Services
- Disputes with Hospitality Merchants
You agree that you are solely responsible for your interactions with any other user, Hospitality Merchants or any third party in connection with the Service (or any third party service with which the Service is integrated), and Americana will have no liability or responsibility with respect thereto. Americana reserves the right, but has no obligation, to become involved in any way with disputes between you and any Hospitality Merchants or other third party in connection with the Service (or any third party service with which the Service is integrated). In addition, without limiting the foregoing, Americana will have no liability or responsibility for any acts or omissions of Hospitality Merchant with respect to their use of any of your information or your interactions with them.
- Dispute Resolution
Contact Americana First
If a dispute arises between you and Americana, our goal is to learn about and address your concerns, and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. You agree that you will notify us about any dispute you have with us regarding this Agreement through the contact form at https://www.americanakitchenandbar.com.
Alternative Dispute Resolution
For any claim where the total amount of the award sought is less than $10,000 USD, Customer shall choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (i) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties in writing; (ii) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (iii) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties in writing; and (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
30-Day Right to Opt-Out.
You have the right to opt-out and not be bound by the arbitration provisions set forth above by sending written notice of your decision to opt-out to the address listed below. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Americana also will not be bound by them.
- Integration and Severability
These Terms and other referenced material constitutes the entire agreement between you and Americana with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and Americana with respect to the Services. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
- Waiver/Conflict of Terms
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Americana’s prior written consent. Any assignment in violation of this section shall be null and void. Americana may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
- GoverningLaw; Choice of Forum; and Waiver of Trial by Jury
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. Unless provided otherwise in connection with the Arbitration provisions in this Agreement, you agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
- Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Geographic Limits of Service
Americana makes no representation that the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not Americana, are responsible for compliance with applicable local laws relating to your use of the Services outside of the United States of America.
Americana reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Services to any person, geographic area, or jurisdiction we so desire.
- Modifications to Service
Americana reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or content), whether temporarily or permanently at any time for any reason. You agree that Americana shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services. Americana may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
If you have any questions regarding these Terms or need to notify us, please contact us at:
Via e-mail to firstname.lastname@example.org
call to: 1 (609) 448-4477
Notice of Infringement of Copyrights: Americana responds to notices of alleged infringement of copyright property rights under the United States Digital Millennium Copyright Act. We work to ensure that items and content on the Service do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, you may notify as follows:
By mail: Americana RD Inc (Americana)
359 US Highway 130
East Windsor, NJ 08520
By e-mail: email@example.com
In your Notice of Claimed Infringement, you must provide all of the following information: (1) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed, (2) Identification or description of the copyrighted work that you claim has been infringed, (3) Identification or description of where the material that you claim is infringing that is located on the Service, with enough detail that we may find it on the Service website, (4) Your address, telephone number, and email address, (5) A statement by you that you have a good-faith belief that the use of the allegedly infringing material isn’t authorized by the copyright owner, its agent, or the law, (6) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, (7) Any other information reasonably sufficient to permit Americana to contact you, such as your address, telephone number, and an electronic mail address at which you may be contacted.