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Terms Of Service​​

By signing up for the Dine Agency services or any of the services of Dine Agency Inc. or its affiliates (“Dine Agency”) you agree to be bound by the following terms and conditions (“Terms of Service”).

The services offered by Dine Agency under the Terms of Service include various products and services to help you sell goods and services to buyers, whether online (“Online Services”), in person (“POS Services”), or both. Any such services offered by Dine Agency are referred to in these Terms of Services as the “Services.” Any new features or tools added to the current Services shall also be subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://dine.agency/terms-of-service/. Dine Agency reserves the right to update and change the Terms of Service by posting updates and changes to the Dine Agency website. Therefore, you are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with, and accept all of the terms and conditions contained in this Terms of Service agreement, including Dine Agency’s, before you may purchase any of Dine Agency’s services.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Dine Agency or any Dine Agency services, you agree to all of these terms. Be sure to check back for updates occasionally.

General Conditions

You must read, agree with and accept all of the terms and conditions contained in the Terms of Service.

1. The Terms of Service shall be governed by and interpreted under the State of New York laws applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the State of New York courts concerning any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

2. You acknowledge and agree that Dine Agency may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Dine Agency’s website, available at https://dine.agency/terms-of-service/ and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Dine Agency’s website constitutes your agreement to and acceptance of the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

3. You may not use the Dine Agency service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of the State of New York. You will comply with all applicable laws, rules, and regulations in your use of the Service.

4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Dine Agency.

5. You shall not purchase search engine or other pay-per-click keywords (such as Google AdWords) or domain names that use Dine Agency or Dine Agency trademarks and/or variations and misspellings thereof.

6. Questions about the Terms of Service should be addressed at hello@dine.agency.

7. You understand that your Materials (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

8. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Dine Agency, is governed by its privacy policy.

9. The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and Dine Agency’s Terms of Service available in another language, the most current English version of the Terms of Service at https://dine.agency/terms-of-service/ will prevail.

Dine Agency Rights

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2. We reserve the right to refuse Service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a store, or the Materials uploaded or posted to a store, violate our or these Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Dine Agency customer, Dine Agency employee, member, or officer will result in immediate termination of Services.

5. Dine Agency does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from the Service.

6. We reserve the right to provide our services to anyone and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Dine Agency employees and contractors may also be Dine Agency customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

Limitation of Liability

1. You expressly understand and agree that Dine Agency shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Service.

2. In no event shall Dine Agency be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our site, our services, or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Dine Agency partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express implied, or statutory.

4. Dine Agency does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

5. Dine Agency does not warrant that the results obtained from the use of the Service will be accurate or reliable.

6. Dine Agency does not warrant that the quality of any products, services, information, or other Materials purchased or obtained by you through the Service will meet your expectations or that any errors in the Service will be corrected.

Waiver and Complete Agreement

The failure of Dine Agency to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and Dine Agency and govern your use of the Service, superseding any prior agreements between you and Dine Agency (including, but not limited to, any previous versions of the Terms of Service).

Intellectual Property and Customer Content

After purchasing Dine Agency’s services, Dine Agency shall have the non-exclusive right and license to use the names, trademarks, service marks, and logos associated with your store to promote the Service.

Modifications to the Service and Prices

1. Prices for using the Services are subject to change upon 30 days notice from Dine Agency. Such notice may be provided at any time by posting the changes to the Dine Agency Site (https://dine.agency/) or the administration menu of your Dine Agency store via an announcement.

2. Dine Agency reserves the right at any time, and from time to time, to modify or discontinue the Service (or any part thereof) with or without notice.

3. Dine Agency shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Third-Party Services

1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from or that are provided by Dine Agency’s partners or other third parties.

2. Dine Agency may, from time to time recommend, provide you with access to or enable third party software, applications (“Apps”), products, services, or website links (collectively, “Third Party Services”) for your consideration or use, including via the Dine Agency App Store. Such Third-Party Services are made available only as a convenience. Your purchase, access, or use of any such Third Party Services is solely between you and the applicable third-party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or Dine Agency’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.

3. We do not provide any warranties concerning Third-Party Services. You acknowledge that Dine Agency has no control over Third Party Services, and shall not be liable to anyone for such Third Party Services. The availability of Third Party Services on Dine Agency’s websites, including the Dine Agency App Store, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Dine Agency. Dine Agency does not guarantee the availability of Third Party Services, and you acknowledge that Dine Agency may disable access to any Third Party Services at any time in its sole discretion and without notice to you. Dine Agency is not liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. Dine Agency strongly recommends that you seek specialist advice before using or relying on Third Party Services to ensure they will meet your needs.

4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and take any other actions as required for the interoperation of the Third Party Service with the Services. Any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Dine Agency is not responsible for any disclosure, modification, or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

5. Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal, as it may be occasionally amended by Google.

6. Under no circumstances shall Dine Agency be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary, or other damages whatsoever resulting from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Dine Agency has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

7. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Dine Agency partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable

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