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Terms of Service

The Restaurant CFO

TERMS OF SERVICE

Last Modified April 9, 2020

Welcome to TheRestaurantCFO.com. By using the ™ website or its subdomains, affiliates sites, and other access points (collectively, the “Site”), you agree to be bound by these Terms of Service (the “Terms”) which forms a binding contract between you and Zachary Weiner LLC, a New York limited liability company (“The Restaurant CFO,” “we” or “us”).

  1. ACCEPTANCE OF AGREEMENT
    1. The Site provides various automated financial and data entry services (collectively, the “Services”). By accessing or using the Services in any way, you agree to be legally bound by these Terms in full. Your use of the Services is also subject to the terms of the The Restaurant CFO Privacy Policy which may be accessed through a link on the Site. If you do not agree to the terms of these Terms and the Privacy Policy, you may not access or use the Services in any way.
    2. By accessing or using the Services in any way, you affirm that you are: (i) at least 18 years of age; and (ii) able to enter into a legally binding agreement with The Restaurant CFO. We may ask you to verify your age at our discretion.
    3. We may make changes to these Terms at any time. If we make any changes, we will notify you via email if you have created an The Restaurant CFO (sent to the e-mail address specified in your The Restaurant CFO registration) or by posting the revised Agreement on the Site prior to any changes becoming effective. You should review these Terms each time you access or use the Services to ensure that you are familiar with the most recent version. You understand and agree that your continued use of the Service after we have made any such changes constitutes your acceptance of the new Agreement.  
  2. ACCOUNTS AND INFORMATION
    1. If you use a The Restaurant CFO Account, you agree to submit only accurate information about yourself and to keep the information you submit up-to-date. You are solely responsible for maintaining the security and confidentiality of your username and password, and you agree not to authorize anyone else to use your username and password. You are solely responsible for all actions taken under or in connection with your The Restaurant CFO Account, whether by you or any third party. You agree to notify us promptly in the event you learn of any unauthorized use of your The Restaurant CFO Account.
    2. By creating a The Restaurant CFO Account, you agree that you may receive electronic communications from us and our affiliates, including, but not limited to, account notices, updates, offers, and newsletters. If at any time you no longer wish to receive such electronic communications, you may opt-out by following the “unsubscribe” instructions in the communication.
    3. The Site will integrate with your third-party accounts, including your e-commerce accounts and bookkeeping accounts, to provide the Services. You understand and agree that:
      1. The Restaurant CFO does not provide accounting or financial advice. You should consult with a Certified Public Accountant (or the equivalent in your jurisdiction) if you have any accounting related questions.
      2. The Restaurant CFO does not guarantee that the information entered into your third-party bookkeeping accounts will be accurate, correct, or error free. It is your responsibility to check and confirm your books.
      3. The Restaurant CFO may be unavailable at certain times and may be delayed or unavailable to enter information in your third-party bookkeeping accounts.
      4. You are solely responsible for following all laws, rules, and regulations as it relates to accounting and bookkeeping.
    4. Under no circumstance will we be liable for any loss of data or your inability to use the Services or your third-party accounts. You agree to use the Services at your own risk.
  3. TERMINATION AND CHANGES TO THE SERVICES OR SITE
    1. We reserve the right to terminate, modify, suspend, or restrict your The Restaurant CFO Account or your use of the Services at any time, with or without notice, and without liability, at any time.  
    2. You may terminate your The Restaurant CFO Account at any time by following the instructions within the Site or by contacting The Restaurant CFO’s customer support team. Account termination requests may take several business days to be completed.
    3. We may change, suspend, or discontinue – temporarily or permanently – some or all of the Services, with respect to any or all users, at any time with or without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services. You acknowledge that The Restaurant CFO may do so in its sole discretion at any time with or without notice. You also agree that The Restaurant CFO will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you are a subscriber to any Services, and we suspend or discontinue your subscription, The Restaurant CFO may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your The Restaurant CFO Account). However, if The Restaurant CFO terminates your The Restaurant CFO Account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
  4. ACCESS TO AND USE OF THE SERVICES
    1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely in accordance with the terms of these Terms for as long as you have a The Restaurant CFO Account in good standing. All rights not expressly granted in these Terms are reserved by us. UNDER NO CIRCUMSTANCE MAY YOU SHARE OR DISTRIBUTE ANY OF THE CONTENT FOUND ON THE SERVICES (OTHER THAN YOUR USER CONTENT).
    2. You agree that you will not:
      1. Violate or circumvent any applicable laws or regulations;
      2. Violate, infringe, or breach the rights (including, without limitation, copyright, trademark, patent, contract, or other rights) of The Restaurant CFO, other The Restaurant CFO users or third-parties;
      3. Use the Service to impersonate any other person or falsify any data;
      4. Access data not intended for you or log onto a server or an account which you are not authorized to access;
      5. Copy, Decode, reverse engineer, crack, hack, or de-compile any aspect of the Site or the Services; or
      6. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or the Services or any activity being conducted on or through the Site or the Services.
    3. All content and materials, including text, images, audio, videos, illustrations, designs, icons, photographs, software, programs and written and other materials that are part of the Site or accessible through the Services (collectively, “The Restaurant CFO Content”), is owned by The Restaurant CFO or its licensors. The Restaurant CFO Content does not include User Content (defined below). No right, title or interest in any The Restaurant CFO Content is transferred to you by way of these Terms or otherwise. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the The Restaurant CFO Content. Trademarks appearing on or through the Services are the trademarks of their respective owners. The Services, the The Restaurant CFO Content, and the trademarks are protected by copyright, trademark, and/or other intellectual property laws.
  5. USER CONTENT
    1. When you transmit information, content, materials or data to or through the Services (collectively, “User Content”), you grant The Restaurant CFO and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content, including throughout the world in any media, as necessary (a) to provide, maintain and improve the Services; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly authorized by you. You represent and warrant that you own or have obtained all necessary rights, permissions and/or licenses to User Content that you transmit, and that our use of such User Content as authorized under these Terms does not violate or infringe upon the rights of any person or entity. In the event of any loss of or damage to your User Content, your sole and exclusive remedy shall be for us to make reasonable commercial efforts to restore the lost or damaged User Content. The Restaurant CFO will not be responsible for any loss, destruction, alteration or disclosure of your User Content caused by any third party.
  6. SERVICE FEES
    1. The Restaurant CFO may charge recurring monthly fees in order to maintain a The Restaurant CFO Account (the “Subscription Fees”). These Subscription Fees are subject to change at any time in our sole discretion and will be posted conspicuously on the Site. If we begin to charge fees for any part of the Services, or change the fees applicable to any Services, and you elect, or have elected, to use those Services, you will be provided an opportunity to review and accept the fees you will be charged.
    2. You agree to promptly pay all ongoing Subscription Fees. Please visit the Site for additional pricing and feature details. Prices are subject to change at our sole discretion. All fees may be subject to taxes. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. The Restaurant CFO reserves the right to deny subscriptions, renewals, and other purchases for any reason.
    3. All sales are final and no refunds will be made.
    4. Subscription Fees will be processed by Stripe. By submitting your credit card, debit card, or other related information when creating a The Restaurant CFO Account, you (i) agree to be charged and to pay the corresponding Subscription Fees each month and (ii) grant The Restaurant CFO the right to process and submit your relevant information to a Shopify to facilitate the transfer of funds in connection with your corresponding Subscription Fees. You agree that The Restaurant CFO will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of the third-party payment provider in addition to these Terms.  You acknowledge that we may change the third-party payment processor and move your information to other payment processors.
  7. THIRD PARTIES
    1. References on the Site or Services to any third parties or any products or services of such third parties, including QuickBooks, Intuit, Inc., Shopify, and Shopify Inc. are provided solely as a convenience to you. We do not endorse, recommend, approve of or make any representations or warranties regarding any third parties or their products or services. We are not affiliated with any referenced third parties. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. If you decide to follow a link to any third-party website, you do so entirely at your own risk.
  8. NO WARRANTIES
    1. THE SERVICES ARE PROVIDED BY The Restaurant CFO ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Restaurant CFO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, OR INFORMATION, CONTENT, MATERIALS, OR PRODUCTS OFFERED ON OR THROUGH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Restaurant CFO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. The Restaurant CFO DOES NOT WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS, AND YOU ACKNOWLEDGE THAT The Restaurant CFO WOULD NOT HAVE ENTERED INTO THESE TERMS WITH YOU WITHOUT YOUR AGREEMENT TO THE TERMS OF THIS DISCLAIMER.
  9. LIMITATION OF LIABILITY
    1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL The Restaurant CFO, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND AGENTS (COLLECTIVELY, “The Restaurant CFO AFFILIATES”) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR YOUR PURCHASE OF ANY PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF The Restaurant CFO OR ITS The Restaurant CFO AFFILIATES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL The Restaurant CFO BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
    2. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  10. INDEMNIFICATION
    1. You agree to defend, indemnify and hold harmless The Restaurant CFO and the The Restaurant CFO Affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your breach or alleged breach of these Terms, your improper use of the Services, your improper use of any third-party websites or services, or your breach of any applicable law or infringement of the rights of a third party. You may not settle or negotiate any claim that results in liability to, or imposes any obligation upon, The Restaurant CFO, financial or otherwise, without the written consent of The Restaurant CFO.
  11. ADDITIONAL TERMS
    1. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, or on the Site or through the Services, satisfy any legal requirement that such communications or agreements be in writing.
    2. You acknowledge that the Services, or portion thereof may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
    3. You may not assign your rights under these Terms without the prior written permission of The Restaurant CFO and any attempt by you to do so shall be null and void. The Restaurant CFO may assign these Terms freely.
    4. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach.
    5. If any provision of these Terms is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
    6. The Restaurant CFO will not be liable by reason of any failure or delay in the performance of its obligations on account of events beyond its reasonable control which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
    7. These Terms will be construed in accordance with and governed exclusively by the laws of the State of New York applicable to agreements made among New York residents and to be performed wholly within such jurisdiction, regardless of the parties’ actual domiciles. In the event of any dispute arising hereunder, or related to your use of the Site or Services, any litigation will be brought exclusively in the state or federal courts located in New York County, New York and the prevailing party shall be entitled to recover from the non-prevailing party its reasonable attorney’s fees in connection therewith.
    8. These Terms, including all agreements referred to and incorporated herein, sets forth the entire understanding and agreement between you and The Restaurant CFO, and supersedes any and all other oral or written agreements or understandings between us.