Terms of Use

This web site www.SilvrSpoon.com (the “Site”) and SilvrSpoon’s services are offered to you, the user (“you”, “your”, “yours”, or “user”), conditioned on your acceptance, without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Site in any degree or capacity constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms and Conditions, you may obtain contact information at www.SilvrSpoon.com. We may amend these Terms and Conditions at any time by posting a revised version of these Terms and Conditions on the Site.

The Site is the property of Silvr Corporation (“SilvrSpoon”, “we”, “us”, or “our”) and its licensors. By using this Site, you agree to the Terms and Conditions; if you do not agree, do not use the Site.

SilvrSpoon reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to all the changes. As long as you comply with these Terms and Conditions, SilvrSpoon grants you a personal, non-exclusive, non-transferable, limited privilege to enter, access, and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to SilvrSpoon and is protected by copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, translated, republished, posted, publicly displayed, encoded, transmitted, altered, or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without SilvrSpoon’s express prior written consent.

SilvrSpoon Services

Upon registration with SilvrSpoon, you will have access to the Site’s entire user functionality, the extent of which will be dependent on your user classification as more fully described herein.

Merchants

If you are a business user, your membership will be classified as a Merchant. Upon provision of the required registration information, you will be required agree to the terms of a membership agreement (“Merchant Agreement”) in addition to these Terms and Conditions, pay a one-time enrollment fee, and will be thereafter charged a recurring, monthly fee as defined in the sales materials provided to you during the sales transaction. In consideration for the fees, you will have access to the Site’s services and functionality which include a restaurant profile, in-restaurant tablet software, and online management portal which provides the ability to edit menus, create promotions, manage customer loyalty points, and collect customer feedback.

Consumers

If you are not a business user, your membership is classified as an Patron. There is no fee associated with membership as a Patron. Upon provision of the required registration information, you will have access to the Site’s services and functionality which include a mobile application to place orders and submit feedback during in the restaurant, as well as an online portal for tracking reviews, viewing restaurant information, and managing social media and profile account settings.

No Guaranty or Endorsement

SilvrSpoon does not guaranty any specific results or outcomes related to the use of the Site, specifically including results related to increased sales or profits for Merchants, or fair value incentives provided to Patrons. SilvrSpoon makes no guaranties or representations regarding the skills, judgment, professionalism, performance, or representations of the Site’s users. SilvrSpoon does not endorse or recommend any particular user. The users are not employees or agents of SilvrSpoon, and SilvrSpoon an agent of any user. Should a dispute arise between users, the respective users should address such dispute with each other directly. You agree to release and indemnify SilvrSpoon, and all its directors, officers, affiliates, agents, and employees (including SilvrSpoon’s business affiliates, suppliers, and service providers) from any and all damages or claims, regardless of nature, known or unknown, arising out of or in connection you’re your dealings with any other user.

Your Use of the Site

All of the information posted on the Site including, but not limited to, user profiles, address and contact information, rating and review information (including any ratings and reviews or other content posted by you), is the sole and exclusive property of SilvrSpoon, and that you have no right to reproduce, post, publish, or otherwise use such information other than in conjunction with your use of the Site. You acknowledge that a violation of the Terms and Conditions could result in significant damages, and you agree that you are liable to SilvrSpoon for any such damages and will indemnify SilvrSpoon in the event of any third party claims against SilvrSpoon based on or arising from your violation of the Terms and Conditions. We reserve the right to revoke your access to the SilvrSpoon Site and services at any time if any wrongdoing is suspected.

You may not use any type of automatic or manual software or hardware device, program, algorithm, or other methodology or process to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. SilvrSpoon reserves the right to bar any such activity without further notice.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server that hosts any or all of the Site, or to any of the services offered on or through the Site, by in any way hacking or utilizing any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer or user of SilvrSpoon, including any SilvrSpoon account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large bandwidth and/or processing strain on the infrastructure of the Site or SilvrSpoon’s or its host’s systems or networks, or any systems or networks connected to the Site or to SilvrSpoon.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper operation of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You acknowledge that the Site contains rating, feedback, and other social networking features and that these features allow you to make direct contact with other users as well as post information about other users. You guaranty that you will not use these features to harass, stalk, threaten, defame, embarrass, extort, or otherwise make unwanted contact with other users. You guaranty that all information you post with respect to any rating or feedback about another user will be true, accurate, and based on your personal knowledge.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of SilvrSpoon or others. SilvrSpoon reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, legal fees, costs, repairs, expenses, injunctive relief, or other legal or equitable remedies.

Information You Provide To SilvrSpoon

Upon using SilvrSpoon’s services, you will be asked to disclose information about yourself, your skills and experience, and/or the specifics of your employment. You will be able to save information on our Site. Some of this information will be viewable by other users of the Site. By providing this information on the Site, you are requesting, and you expressly consent to, being contacted by us or by other users. For complete details on our use of your information, please see our Privacy Policy, the entirety of which is made part of this agreement and incorporated by reference.

You guaranty that all information you provide on the Site will be accurate and up to date. If you provide any information that is untrue, out of date, or incomplete, or SilvrSpoon has reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or incomplete, SilvrSpoon has the right to declare you in violation of these Terms and Conditions.

Should SilvrSpoon determine that any information you provide to SilvrSpoon or post to the Site is false, misleading, infringing on the rights (including intellectual property rights) of others, obscene, or otherwise inappropriate or improper, SilvrSpoon reserves the right to remove said information without notice to the user that provided and/or posted it. With respect to all information posted by you on the Site, you represent you have consent from the owner and/or creator of the information to do so.

Accounts and Passwords

Use of the Site and services requires the creation of a login ID and password. You are fully responsible for maintaining the confidentiality of your login ID and password. You are responsible for any use of the SilvrSpoon services by persons to whom you intentionally or negligently entrust with your account information and/or password. You must notify SilvrSpoon immediately upon the discovery of a breach of your account security and/or any unauthorized activity on your account. Depending on the circumstances surrounding the activity, you may be held liable for losses incurred by SilvrSpoon for unauthorized activity on your account. You are never permitted to use any other login ID than your own for any purpose without the express written consent of the rightful holder of that login ID. Agents of users (i.e. users that are firms with multiple employees or agents) will be permitted to create and assign a separate and distinct login ID and password for reach such employee or agent under the user’s control. All such employees and agents are subject to the Terms and Conditions.

No Verification

SILVRSPOON DOES NOT WARRANT, REPRESENT, OR OTHERWISE ENSURE THE ACCURACY OF ANY INFORMATION PROVIDED TO IT BY ITS USERS. SilvrSpoon strongly recommends that you perform your own research regarding the background, standing, and reputation of other users on the Site with which you choose to engage and/or communicate.

Change in Procedures and Information

SilvrSpoon acknowledges that information regarding its users changes frequently. Thus, it is possible that a user’s contact information, location, licensing, insurance, or other information may subsequently change. SilvrSpoon strongly encourages all users to perform their own diligent inquiry into other users before contacting them or accepting correspondence from them. AS SUCH, SILVRSPOON EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SCREENING, EVALUATION, OR VERIFICATION OF INFORMATION RELATED TO ITS USERS.

Links to Other Web Sites

The Site may contain links to third party web sites. These links are provided solely as a convenience to the Site’s users and visitors. Any and all third party sites are not under SilvrSpoon’s control. SilvrSpoon does not verify, monitor, endorse, or accept any responsibility for any content or activity of any third party sites. The responsibility of your visitation or use of any third party sites is strictly your on.

Disclaimers

SILVRSPOON DOES NOT GUARANTY THAT THIS SITE OR ANY OF ITS CONTENT, SERVICES, OR FEATURES IS WITHOUT ERRORS OR WILL OPERATE WITHOUT INTERRUPTION, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE ANY SPECIFIC RESULTS. THIS SITE AND ALL ITS CONTENT ARE DELIVERED TO YOU ON AN “AS-IS” BASIS. SILVRSPOON CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR OTHER DANGEROUS OBJECTS. SILVRSPOON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SILVRSPOON DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND/OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND/OR ANY OF SILVRSPOON’S FEATURES OR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY SITES TO WHICH IT LINKS. YOUR SOLE REMEDY AGAINST SILVRSPOON FOR ANY DISSATISFACTION WITH THIS SITE OR ANY OF ITS CONTENT IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY SUCH CONTENT OBTAINED, SAVED, OR DOWNLOADED FROM IT. ALL INFORMATION PROVIDED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

At any time, with or without notice, SilvrSpoon reserves the right to do any or all of the following: 1) to alter, modify, or suspend, or permanently terminate your access to the Site, for any reason whatsoever; 2) to alter, modify, suspend, or permanently terminate any of the Site’s features, services, policies, or other content; and 3) to interrupt or discontinue normal operation of the Site to perform maintenance, corrections, or other repairs.

Limitation of Liability

Unless otherwise prohibited by law, SilvrSpoon shall not in any event be liable to you for any damages incurred by you, whether direct, indirect, consequential, special, punitive, or exemplary in nature, even if SilvrSpoon has been given notice of the potential for said damages.

Notwithstanding the foregoing provisions of this section, in the event SilvrSpoon is found liable to you for conduct or activity that is in some way connected with your use of the Site, SilvrSpoon’s liability to you shall not exceed the larger of the following: (1) the total cost of any monthly subscription fees paid by you within the past five months prior to the date of the initial claim against SilvrSpoon, or (2) $100.00 USD. As some U.S. jurisdictions do not permit contractual limitations on liability, this section may not apply in your situation.

Indemnity

You agree to indemnify and hold SilvrSpoon, its officers, directors, predecessors, shareholders, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any damages, loss, liability, claims, or expenses (including reasonable attorneys’ fees) made against SilvrSpoon by any party due to, arising out of, or in connection with your use of the Site.

Violation of These Terms and Conditions

In the event SilvrSpoon determines that you have violated any of these Terms and Conditions, it reserves the right to conduct its own investigation using all information disclosed by you as well as all information available to SilvrSpoon. In the event SilvrSpoon determines a violation has occurred, it reserves the right to initiate any appropriate legal action in protection of its own rights and/or the rights of its owners, shareholders, subsidiaries, agents, and business partners. If SilvrSpoon does initiate legal action against you, you will be responsible for, and agree to pay, all fees and costs (including reasonable attorneys’ fees) associated with such legal action.

SilvrSpoon may disclose any and all information provided by you as required by applicable Federal, State, and local laws. SilvrSpoon reserves the right to alter, modify, suspend, or permanently terminate your access to the Site if Federal, State, or local law requires such action.

General Provisions

This agreement, which includes and incorporates by reference any Membership Agreement and the SilvrSpoon’s Privacy Policy, represents the full and final agreement between SilvrSpoon and the Site user, and no effect shall be given to any other writings or communications had. Should any court or other competent decision-making body adjudicate any part of this agreement void or unenforceable, the remainder of this agreement shall continue to operate and be fully enforceable. This agreement shall be interpreted, construed, and enforced under Illinois law with no effect being given to choice of law principles. You agree to submit to jurisdiction in Illinois and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Cook County, Illinois. The failure of SilvrSpoon to take any legal action shall not operate as a waiver of any rights or any claim or other cause of action. The titles of each section of this agreement are displayed solely for the purposes of convenience to the reader and have no effect on the agreement.

Privacy Policy