MENUCHECK, LLC - Terms & Conditions 

DATE: 8/1/2024 

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION 

WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE 

UNITED STATES, PLEASE READ IT CAREFULLY. 

MENUCHECK, LLC and its affiliates ("MENUCHECK") currently own and operate MENUCHECK and 

PROFLOWERS brands, among others. These brands may be updated from time to time by 

MENUCHECK without notice. 

MENUCHECK provides certain services  through  its  website  including, but not limited to, 

www.Menucheck.us   and other websites that it may introduce or acquire in the future; (b) various 

social media accounts, including, without limitation, Facebook, Twitter, Instagram, Pinterest and 

YouTube; and (c) through MENUCHECK's various other messaging, telephone and other forms of 

communications, mobile technologies, applications and services, in each case, as may be updated by 

MENUCHECK from time to time (collectively, the "Menucheck"). Your use of the Menucheck and any 

of its information, content and services available through the Menucheck are subject to these terms 

and conditions ("Terms"), the Privacy Policy, and any applicable site-specific policies included by 

reference in these Terms. 

These Terms are current as of the Effective Date. MENUCHECK reserves the right to change these 

Terms from time to time. Please consult these Terms from time to time since MENUCHECK may, at 

any time, and without notice, revise these Terms by updating this posting. 

Please read these Terms carefully. 

By accessing or using the Menucheck website, you are bound by these Terms and any 

revisions, so you should periodically visit this page to review the current Terms. Access or 

use of the Menucheck following any change to the Terms constitutes your agreement to 

those changes. If, at any time, you choose not to accept the terms of these Terms, you 

should not access or use Menucheck Services. 

You agree that you do not have any rights in the Menucheck and that you will have no liability to you 

if the Menucheck, or any portion thereof, are discontinued or your ability to access or use the 

Menucheck is terminated. 

Table of Contents 

1. Authorized Users 

2. Account and Passwords 

3. Procedures for Purchases 

                (A)    Online Menu Free Version 

                                          (B)     Online Menu Free Advertisement Version 

                                (C)    Custom Domain  

                                (D)    Pickup Policies 

                                (E)    Delivery Policy 

                                (F)    Dine in (QR TABLE) Policy   

                                (G)    Images 

4. Legal Notices 

5. Sweepstakes and Contests; Social Media Campaigns 

6. MENUCHECK Content 

7. MENUCHECK Use of User Content 

8. Third Party Content 

9. No Offensive or Infringing Use 

10. DMCA Notice 

11. Mobile Capabilities 

12. Security 

13. Communications 

14. Privacy Policy 

15. Binding Arbitration / Class Waiver 

16. Indemnity 

17. Warranty Disclaimer 

18. Limitation on Liability 

19. Limited Time to Bring Your Claim 

20. Trial by Jury 

21. Force Majeure 

22. Governing Law 

23. Miscellaneous 

1.     Authorized Users. 

You affirm that you are 13 years of age or older. Indeed, in order to become a client  through the 

Menucheck, you must be 18 or older and have a valid credit card or other acceptable electronic 

payment method. Subject to these Terms, you may not use the Menucheck if you are unable to form 

a legal binding agreement with MENUCHECK. You agree that you are only authorized to visit or use 

the Menucheck for use permitted by signed agreement and not for any other business or personal 

purposes,  without a separate agreement in writing with MENUCHECK. You agree to configure the 

address, schedule, and contact information as well as the required module ( ex: Online Ordering 

with Delivery). Once registered it is upon you to promptly upload the menu, the dishes with prices, 

and additional modifiers for each dish. If you have selected an ordering module it imperative to 

specify a bank account for integration into a Strip Connected Account. The daily revenue will then be 

transferred from stripe to the restaurants account. If you have selected Online Ordering with 

Delivery module, then your restaurant will be seamlessly integrated with Doordash via Menucheck, 

this includes the hours and address.  Please take note that the shipping cost (Doordash Fee) will 

always be passed to the customer, and the tips for orders with delivery will always go to “Dasher.” 

2.     Accounts and Passwords. 

You may establish an account to use or access certain features of the Menucheck. During the 

account registration process, you will be asked to select a unique username and password. You are 

solely responsible for protecting the security and confidentiality of your password, as applicable, 

and are accountable for any activity undertaken through your MENUCHECK account. By logging into 

the Menucheck, you represent and warrant that: (a) you are the client  who registered for the 

Menucheck; and (b) that you are using the Menucheck only for permitted purposes. You will 

immediately notify MENUCHECK by providing notice to MENUCHECK Customer Service 

at www.director@axistem.net of any unauthorized use of the password or account or any other 

breach of security. You agree to exit from your account at the end of each session. If you create an 

account, you represent and warrant that: (i) you will not select or utilize a user name of another 

person  with intent to impersonate that person; (ii) you will not select or utilize a user name in which 

another person has rights, if you do not have that person's authorization to use such name; and (iii) 

you will not select or utilize a user name that MENUCHECK in its sole discretion deems offensive. 

MENUCHECK reserves the right, in its sole discretion, immediately and without notice, to suspend or 

terminate your account or your ability to access Menucheck for any reason, including, without 

limitation, any breach of these Terms by you. 

3.     Procedures for Purchases. 

By accessing or using the Menucheck, you agree to the various MENUCHECK policies and 

procedures that apply to the purchase of  services offered through the Menucheck, which are made 

part of these Terms. Menucheck does not sale products or goods of any form. Prices for offered 

services will be those in effect at the time of purchase (in U.S. dollars) and unless otherwise 

specified, exclude freight, handling fees, taxes, and duties. Pricing is based upon the service selected 

by the client and subject to correction or change at any time without notice. You are responsible for 

payment of all applicable taxes. MENUCHECK reserves the right to accept, reject or cancel any  

service and to correct any errors, including, without limitation, publishing, descriptive, typographical, 

or any other similar errors. 

You authorize MENUCHECK to hold, receive and disburse funds in accordance with your payment 

instructions. Your authorization permits MENUCHECK to (a) debit or credit your credit card, debit 

card, or other payment methods that we accept ("Cards"); or (b) initiate recurring charges from your 

Cards if you signed up for a service that requires automatic billing. When you place an order, you 

authorize and order MENUCHECK to commit your payment to the applicable MENUCHECK entity. 

Your authorizations will remain in full force and effect while you maintain your account with 

MENUCHECK. For more information on Menucheck Membership, please visit www.Menucheck.us 

Online Menu Free Version 

(a) -  Your free online menu includes unlimited menus and items, each with a personalized QR Code. 

You can activate and deactivate items in real time, giving complete control over your menu and your 

QR Code. There is no monthly fee. However, Menu Check reserves the right to start charging a 

monthly fee of $30.00 per month if revenue does not exceed $300.00 a month for two consecutive 

months. Menucheck will notify you in writing, in regard to your account being charge a month in 

advance.  

Online Menu Monthly Subscription 

(b) -   Same as above but clients will not have ads placed on their website. The monthly fee is $30.00 

a month. 

Custom Domains 

(C) -   Menu links for restaurants are always like this (http//menucheck.us/restaurant=name/) You 

can personalize your URL to look like this http://restaurant=name/menu . This upgrade is available 

for $10.00 a month. 

Pickup 

(E) -  Your online menu is now an online store, and your clients can order and pick it up at your 

store. There is no monthly fee only the merchant service charge of 6% + (3.4 +$.30). 

Delivery  

(F) -  Your customers now also can order a delivery to their home and receive it through Doordash 

system with a better price of 10% (3.4 + $.30). 

Dine In (QR table) 

(G) -   Now your restaurant can offer the option to order food and beverages without the need to 

wait for the waiter paying only for the merchant fees 6% (3.4% + $0.30) . 

4.     Legal Notices. 

MENUCHECK posts legal notices on pages of the Menucheck. Menucheck may contain references to 

trademarks, copyrighted materials, technologies, products, processes and software and other 

proprietary rights of MENUCHECK or other parties. Except as expressly provided in Section 7 of 

these Terms, no license to or right in any such trademarks, copyrighted materials, technologies, 

products, processes, software, or other proprietary rights is granted to or conferred upon you. 

5.     Sweepstakes and Contests; Social Media Campaigns. 

MENUCHECK may conduct campaigns, contests and sweepstakes through MENUCHECK's various 

social media channels and, as part of those campaigns, contests and sweepstakes, MENUCHECK 

may solicit responses and submissions from you using various popular social media mechanisms 

used to indicate that you are responding to MENUCHECK. For example, you may respond on 

Facebook, Twitter, or Instagram with a #yesMENUCHECK. By directing those responses and 

submissions to MENUCHECK, such responses and submissions are considered User Content (as 

defined in Section 8) under these Terms - and, in addition to the other obligations of Section 8 of the 

Terms, you agree to grant MENUCHECK a worldwide, non-exclusive, irrevocable, perpetual, royalty

free, sublicensable and transferable license to use, reproduce, distribute, edit, modify, translate, 

reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise 

exploit (including, without limitation, over the Internet, broadcast television, radio or any other uses 

or media) such User Content, in whole or in part, including future rights that MENUCHECK (or its 

successors) may otherwise become entitled to that do not yet exist, as well as new uses, media, 

means and forms of exploitation throughout the universe exploiting current or future technology 

yet to be developed to the maximum extent permitted by applicable law. 

6.     MENUCHECK Content. 

Content on the Menucheck that is provided by MENUCHECK, its employees or its licensors, including 

original art work, websites,  graphics, photographs, images, screen shots, text, music, digitally 

downloadable files, video clips, trademarks, logos, product and character names, slogans and the 

compilation of the foregoing ("MENUCHECK Content") is the property of MENUCHECK or its licensors 

and is protected in the U.S. and internationally under trademark, copyright and other intellectual 

property laws. 

You are authorized to access and use the Menucheck and related MENUCHECK Content; provided 

that: (a) your use of the Menucheck and MENUCHECK Content as permitted hereunder is solely for 

your authorized use; (b) you will not copy, distribute or transfer any portion of the Menucheck or 

MENUCHECK Content on any media without MENUCHECK's prior written or electronic approval; (c) 

you will not alter, adapt, reverse engineer, or otherwise modify any part of the Menucheck or 

MENUCHECK Content other than as may be reasonably necessary to use that part of the Menucheck 

or MENUCHECK Content for its intended purpose; and (d) you will otherwise comply in full with 

these Terms. Any access or attempt to access other areas of any MENUCHECK computer system or 

other information contained on the system for any purpose other than as intended by MENUCHECK 

is strictly prohibited. 

7.     MENUCHECK Use of User Content. 

Subject to our Privacy Policy, MENUCHECK reserves the right to display advertisements in 

connection with any content provided by you to MENUCHECK ("User Content") and to use your User 

Content for advertising and promotional purposes. You acknowledge and agree that your User 

Content may be included on the websites and advertising networks of MENUCHECK's distribution 

partners and third-party service providers (including their downstream users) and that MENUCHECK 

has no obligation to compensate you (monetarily or otherwise) for MENUCHECK's use of your User 

Content now or in the future. You confirm that you own all right, title, and interest to your User 

Content and that your User Content does not infringe any intellectual property rights or violate 

privacy or publicity rights of any third party. 

8.     Third Party Content. 

MENUCHECK has no control over and is not responsible and assumes no liability for: (i) any third

party content contained within the Menucheck; or (ii) the applicable third parties. 

9.     No Offensive or Infringing Use. 

MENUCHECK respects the intellectual property of others, and MENUCHECK expects its users to do 

the same. It is MENUCHECK's policy, in appropriate circumstances and at MENUCHECK's discretion, 

to disable or terminate users of the Menucheck who infringe or repeatedly infringe the copyrights or 

other intellectual property rights of MENUCHECK or other rights owners. When using the 

Menucheck, you will not use any feature of the Menucheck for any purpose that is illegal, tortious, 

obscene, threatening, defamatory, libelous, invasive of another's privacy, pornographic, racist, 

abusive, harassing, threatening, offensive, hateful, or otherwise injurious to the legal rights (such as 

rights of privacy and publicity) of third parties. You also agree not to upload, post, email, or 

otherwise transmit any material that contains viruses or any other computer code, files, or 

programs which might interrupt, limit, or interfere with the functionality of any computer software 

or hardware or telecommunications equipment. 

10.     DMCA Notice. 

If you are a copyright owner or an agent thereof and believe any User Content or other MENUCHECK 

Content infringes upon your copyrights, you may submit a notification of claimed infringement 

under the Digital Millennium Copyright Act ("DMCA") by providing notice to MENUCHECK Customer 

Service at director@axistem.net and include the following information: 

(a) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted 

works at a single online site are covered by a single notification, a representative list of such works 

at that site; 

(b) Identification of the material that is claimed to be infringing or to be the subject of infringing 

activity and that is to be removed or access to which is to be disabled and information reasonably 

sufficient to permit MENUCHECK to locate the material; 

(c) Information reasonably sufficient to permit MENUCHECK to contact you, such as an address, 

telephone number and, if available, an electronic mail address; 

(d) A statement that you have a good faith belief that use of the material in the manner complained 

of is not authorized by the copyright owner, its agent or the law; 

(e) A statement that the information in the notification is accurate and, under penalty of perjury, 

that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

and 

(f) A physical or electronic signature of a person authorized to act on behalf of the owner of a 

copyright that is allegedly infringed. 

You acknowledge that if you fail to comply with substantially all of the above requirements of this 

Section your DMCA notice may not be valid and MENUCHECK may not be able to remove infringing 

content. 

You should also send your notification to the following address: 

MENUCHECK, LLC 

10902 Corona Lane 

Houston, Tx 77072 

Attention: Legal Department 

Email: www.director@axistem.net.  

11.     Mobile Capabilities. 

The Menucheck may include certain services available via your mobile phone, including, without 

limitation: (a) the ability to upload to MENUCHECK websites or applications via your mobile phone; 

(b) the ability to receive and reply to messages and to send content and messages using text 

messaging or push notifications; and (c) the ability to access the Menucheck from your mobile 

phone ("Mobile Services"). MENUCHECK does not charge for Mobile Services unless otherwise noted; 

however, your carrier's normal messaging, data and other rates and fees may still apply. Your carrier 

may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible 

with your carrier or mobile device. You should check with your carrier to find out what plans are 

available and how much they cost. By using the Mobile Services, you agree that MENUCHECK may 

communicate with you regarding the Menucheck and MENUCHECK's partners by SMS, MMS, text 

message or other electronic means to your mobile device and that certain information about your 

usage of the Mobile Services will be communicated to MENUCHECK. You agree that in connection 

with the Mobile Services for which you are registered, MENUCHECK may send communications to 

your mobile device regarding MENUCHECK or other parties. Further, MENUCHECK may collect 

information related to your use of the Mobile Services. If you have registered for Mobile Services, 

you agree to notify MENUCHECK of any changes to your mobile number and update your account(s) 

through the Menucheck to reflect this change. 

In addition, when you opt-in to text messaging (including SMS and MMS), you agree to receive 

promotional autodialed text alerts from MENUCHECK brands. You may reply to any text message 

with HELP for help or go to www.director@axistem.net  for assistance. You may also text STOP to 

cancel receiving text messages. Messages will be sent periodically, and messaging and data rates 

may apply. Carriers are not liable for delayed or undelivered messages. MENUCHECK's Privacy Policy 

can be viewed at www.director@axistem.net. 

12.     Security. 

You shall not violate or attempt to violate the security of the Menucheck. Violations of system or 

network security may result in civil or criminal liability. MENUCHECK reserves the right to investigate 

occurrences which may involve such violations and may involve and cooperate actively with law 

enforcement authorities in prosecuting users who have participated in such violations. 

13.     Communications. 

With respect to all communications with MENUCHECK including, without limitation, feedback, 

questions, comments, suggestions and the like: (a) you shall have no right to confidentiality in your 

communications and MENUCHECK shall have no obligation to protect your communications from 

disclosure; (b) MENUCHECK shall be free to reproduce, use, disclose and distribute your 

communications to others without limitation; and (c) MENUCHECK shall be free to use any ideas, 

concepts, know-how, content or techniques contained in your communications for any purpose 

whatsoever, including, without limitation, the development, production and marketing of products 

and services that incorporate such information without any consideration or accounting. 

14.     Privacy Policy. 

Your privacy is important to MENUCHECK. MENUCHECK's Privacy Policy is incorporated into, subject 

to and made part of these Terms. To review the MENUCHECK Privacy Policy, click (needed) here. 

15.     Binding Arbitration / Class Waiver. 

You and MENUCHECK agree that all disputes, controversies and claims related to these Terms 

(including the Privacy Policy, Menucheck and any order for any product or services from 

MENUCHECK) (each a "Claim"), shall be finally and exclusively resolved by binding arbitration as 

described in this Section, which may be initiated by either party by sending a written notice 

requesting arbitration to the other party. Any election to arbitrate by one party shall be final and 

binding on the other. 

(a) YOU EXPRESSLY AGREE THAT ANY LEGAL CLAIM, DISPUTE OR OTHER CONTROVERSY BETWEEN 

YOU AND MENUCHECK ARISING OUT OF OR OTHERWISE RELATING IN ANY WAY TO THE 

MENUCHECK, INCLUDING CONTROVERSIES RELATING TO THE APPLICABILITY, ENFORCEABILITY OR 

VALIDITY OF ANY PROVISION OF THESE TERMS OR MENUCHECK'S PRIVACY POLICY AND PRACTICES 

(COLLECTIVELY "DISPUTES"), SHALL BE RESOLVED IN CONFIDENTIAL BINDING ARBITRATION 

CONDUCTED BEFORE ONE NEUTRAL ARBITRATOR FROM THE AMERICAN ARBITRATION 

ASSOCIATION ("AAA"), RATHER THAN IN A COURT, AS DESCRIBED HEREIN. THE ARBITRATION WILL 

BE GOVERNED BY THE AAA'S CONSUMER ARBITRATION RULES CURRENTLY AVAILABLE 

AT https://www.adr.org/  ("RULES AND PROCEDURES"). YOU ACKNOWLEDGE THAT YOU ARE 

VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE 

PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. 

(b) Payment of arbitration costs will be governed by the AAA's fee schedule, unless you are able to 

show that your portion will be prohibitive as compared to litigation costs, in which case MENUCHECK 

will pay as much of your arbitration costs as the arbitrator deems necessary to prevent the 

arbitration from being cost-prohibitive as compared to litigation costs. MENUCHECK also reserves 

the right in its sole and exclusive discretion to assume responsibility for all arbitration costs imposed 

by the AAA. Each party agrees to pay its own attorneys' fees and expenses unless there is a 

governing statutory provision that requires the prevailing party to be paid attorneys' fees and 

expenses. 

(c) The arbitration will  be conducted in Texas. The arbitrator's award shall be final and binding on 

all parties subject to these Terms and may be entered as a judgment in any court of competent 

jurisdiction. 

(d) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you 

may visit the AAA website at https://www.adr.org/ 

(e) To the fullest extent permissible under applicable law, all Disputes shall be resolved by binding 

confidential arbitration on an individual basis. 

(f) YOU AND MENUCHECK AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE 

ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES. NO 

ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION. YOU AND MENUCHECK FURTHER 

AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A 

PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL, PROVIDED 

HOWEVER THAT NOTHING HEREIN SHALL BE DEEMED TO PREVENT A PARTY FROM SEEKING PUBLIC 

INJUNCTIVE RELIEF IN ARBITRATION UNDER THIS AGREEMENT WHERE APPLICABLE LAW PROVIDES 

FOR SUCH A RIGHT. 

Notwithstanding anything to the contrary herein, to the extent the Dispute arises from (i) a violation 

of your or MENUCHECK's intellectual property rights in any manner; (ii) any claim related to, or 

arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and 

Abuse Act; and (iii) any claim for equitable relief; then both parties agree that a party may seek 

injunctive remedies (or an equivalent type of urgent legal relief) in a state or federal court consistent 

with the "Governing Law" section below, and both parties consent to exclusive jurisdiction and 

venue in such courts. In addition to the foregoing, either party may assert an individual action in 

small claims court for Claims that are within the scope of such court's jurisdiction in lieu of 

arbitration. 

16.     Indemnity. 

By using any of the Menucheck, you agree to indemnify and hold MENUCHECK, its subsidiaries, 

affiliates, officers, agents and other partners and employees harmless from any loss, liability, claim 

or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) 

your improper use of such Menucheck; (b) any User Content provided or used by you; or (c) your 

violation of these Terms. 

17.     Warranty Disclaimer. 

YOUR USE OF THE MENUCHECK IS AT YOUR SOLE RISK. MENUCHECK MAKES NO WARRANTY THAT 

THE MENUCHECK WILL MEET YOUR REQUIREMENTS. EXCEPT AS OTHERWISE SET FORTH IN THESE 

TERMS, ALL MENUCHECK INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR 

SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED ON AN "AS IS" AND "AS 

AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED 

INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR 

A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD 

PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR 

SYSTEM INTEGRATION. MENUCHECK ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF 

MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, 

MISREPAIR OR MISAPPLICATION. MENUCHECK DOES NOT WARRANT THAT THE MENUCHECK WILL 

BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER 

OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. 

LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED 

WARRANTIES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, 

OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE AVAILABLE. 

18.     Limitation of Liability. 

MENUCHECK SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, EXEMPLARY, 

INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY'S FEES 

ARISING OUT OF OR RELATING TO THESE TERMS OR THE ACCESS TO, USE OF OR OPERATION OF THE 

MENUCHECK INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, PRODUCTS OR SERVICES 

PROVIDED IN CONNECTION THEREWITH. MENUCHECK'S AGGREGATE LIABILITY TO YOU ARISING 

UNDER OR IN CONNECTION WITH THE MENUCHECK IS LIMITED TO THE PURCHASE PRICE PAID FOR 

THE MATERIALS, PRODUCT AND/OR SERVICE THAT GIVES RISE TO SUCH LIABILITY. 

LAWS IN CERTAIN STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR 

INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT SUCH LAWS APPLY, SOME OR ALL OF 

THE EXCLUSIONS OR LIMITATIONS SET FORTH HEREIN MAY NOT APPLY AND OTHER RIGHTS MAY BE 

AVAILABLE. 

19.     Limited Time to Bring Your Claim. 

You and MENUCHECK agree that any cause of action arising out of or related to the Menucheck or 

any MENUCHECK Content including without limitation any Claim or Dispute must be commenced 

within one (1) year after the cause of action accrues. However, if you are an AARP member and your 

cause of action arises out of or is related to Menucheck or MENUCHECK Content provided to you in 

connection with your AARP membership, any Claim or Dispute must be commenced within two (2) 

years after the cause of action accrues. Otherwise, such cause of action is permanently barred if not 

commenced by the applicable deadline. 

20.     Trial by Jury. 

To the extent allowed by law, each of you and MENUCHECK waive any right to trial by jury in any 

Dispute. 

21.     Force Majeure. 

MENUCHECK shall not be liable for any delay in, or impairment of, performance resulting in whole or 

in part from any force majeure event, including without limitation acts of God, labor disruptions, acts 

of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, 

insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, 

explosions,  or any event beyond the reasonable control of MENUCHECK in the conduct of its 

business. 

22.     Governing Law. 

These Terms will be governed by and construed in accordance with the laws of the State of Texas 

without regard to: (a) such State's conflicts-of-laws principles; (b) the 1980 United Nations 

Convention on Contracts for the International Sale of Goods; or (c) other international laws. 

23.     Miscellaneous. 

Both you and MENUCHECK acknowledge and agree that no partnership is formed, and neither you 

nor MENUCHECK has the power or the authority to obligate or bind the other. If any provision of 

these Terms is determined to be unlawful, void, or unenforceable by a tribunal of competent 

jurisdiction, that provision is deemed severable from these Terms and does not affect the validity 

and enforceability of any remaining provisions. If MENUCHECK fails to act with respect to your 

breach or anyone else's breach on any occasion, MENUCHECK is not waiving its right to act with 

respect to future or similar breaches. These Terms constitute a binding agreement between you and 

MENUCHECK and are accepted by you as a condition for your use of Menucheck or your account. 

These Terms constitute the entire agreement between you and MENUCHECK regarding the use of 

the Menucheck and the MENUCHECK Content.