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Conditions of Use Conditions of Use

ROI Technology Solutions, LLC (COMPANY) and its websites (OrderOutXpress.com & ComidaXpress.com) provide their services to you subject to the following notices, terms, and conditions. In addition, when you use any COMPANY service, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to that service and you will be subject to all governing state and federal laws.

COPYRIGHT

This Web site, in its entirety, is the sole property of COMPANY or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of COMPANY and is protected by U.S. and international copyright laws. All software used on this site is the property of COMPANY or its affiliates and is protected by U.S. and international copyright laws. The content and software on this Web site may be used as a personal shopping, and e-commerce resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on this Web site is strictly prohibited. The application of this Web site, into any other Web site, is strictly prohibited unless pre-approved by COMPANY.

TRADEMARKS

OrderOutXpress.com, ComidaXpress.com and the COMPANY Logos are registered trademarks of COMPANY, in the United States and other countries. COMPANY's trademarks may not be used in connection with any product or service that is not COMPANY's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits COMPANY.

USE OF SITE

By accessing this Web site you are agreeing to all of the terms, conditions, and statements included in this legal statement. The entirety of this site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by COMPANY. The COMPANY site may not be linked to any other site without prior consent of COMPANY. COMPANY and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if COMPANY believes that customer conduct violates applicable law, disrupts our normal business activities or is harmful to the interests of COMPANY and its affiliates.

TERMS OF PURCHASE

The final charges for your order may be different than those stated on the website. COMPANY does not assume any responsibility or liability for the actions, products, and content of any third parties related to the creation or delivery of your order. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. We may require additional verifications or information before accepting any order.

METHODS OF PAYMENT:

CASH
By selecting CASH as a method of payment, you agree to provide the restaurant payment in the form of US Dollars ($) upon receipt of your order.

CREDIT CARD
By selecting CREDIT CARD as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any goods or services on our website, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. If COMPNAY does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by COMPANY or its agents. The final charges on your credit card may be different than those stated on the website.

RETURN POLICY

If you are not satisfied with your order, please contact OrderOutXpress.com or ComidaXpress.com Customer Service immediately via email at support@OrderOutXpress.com or support@ComidaXpress.com and include the order number and restaurant name. All sales are final unless order problems/issues are confirmed with our restaurant partners or otherwise determined by COMPANY, at its sole discretion, to be actionable. In such cases, COMPANY will issue credit for use on future orders through the OrderOutXpress.com or ComidaXpress.com websites. All order problem/issue inquiries must be received within 24 hours of the order date listed on your order confirmation email. No cash refunds will be issued by COMPANY.

CHILDREN

You may not use the COMPANY Web site if you are under thirteen (13) years of age. Likewise, COMPANY will not store or record information from any person under the age of thriteen (13).

E-MAIL

By registering or placing an order with us, you are consenting to receive e-mails from us regarding your registration or your order. Additionally, by registering or placing an order with us, you are consenting to receive commercial e-mail from us. If you do not wish to receive commercial email from us, you may remove your name from the e-mail list and edit your personal information from the COMPANY computer system by updating your account information. Our use of your email is to provide you with Food specials run by restaurants you choose.

RISK OF LOSS

All items purchased through COMPANY are made pursuant to a delivery contract. Should there be delivery errors; COMPANY will offer reasonable assistance in the correction of that error. However, the risk of loss and title for such items pass to you upon our delivery to the carrier. You must file any such claims with that delivery carrier.

INDEMNITY

You agree to indemnify and hold COMPANY, its subsidiaries, affiliates, officers, agents, and other partners and employees harmless from any loss, liability, damage, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Web site, including your use of this Web site to provide a link to another Web site or to upload content or other information to the Web site.

DISCLAIMER

THIS WEB SITE IS PROVIDED BY COMPANY ON AN "AS IS" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOTS LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS ACQUIRED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. COMPANY RESERVES THE RIGHT TO LIMIT PURCHASE AND PURCHASE QUANTITY. IN THE EVENT OF ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE UNIT PURCHASE. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.

COMPANY disclaims any and all liability for the acts, omissions, conduct of any third-party users, COMPANY users, advertisers, and/or sponsors on the Site, in connection with the Site, or otherwise related to your use of the Site. COMPANY is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to COMPANY at info@OrderOutXpress.com or info@ComidaXpress.com . COMPANY may investigate the claim and take appropriate action, at its sole discretion.

APPLICABLE LAW

COMPANY is incorporated in the State of New Jersey, USA. As such, the laws of the State of New Jersey will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.

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