Last Updated October 9, 2020
Welcome to dashydash.com, the website and online and/or mobile service of Smart Dash Inc. dba Dashy Dash (“Dashy Dash,” “we,” “us” or “our”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), and acknowledge that you have read and understood our Privacy Notice, whether or not you are a registered Member of our Service. Dashy Dash reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (collectively, the “Members”).
Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Our Service provides a place for the restaurant community to join together to share information in order to understand local trends, see best prices on supplies and get best pricing for food and drink ordering. When you join the Dashy Dash Community, we may provide you with information insight and give you access to special offers, pricing, and other opportunities.
This is a contract between you and Dashy Dash. You must read and agree to these terms before using our Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Dashy Dash, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Members previously removed from the Service by Dashy Dash.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Dashy Dash reserves all rights not expressly granted herein in the Service and the Dashy Dash Content (as defined below). Dashy Dash may terminate this license at any time for any reason or no reason.
Your account on the Service (your “Member Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of Member Accounts for different types of Members. If you open a Member Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Dashy Dash with a third-party service such as Google, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
Certain features of our Service may only be available to certain categories of Members. Dashy Dash reserves the right to accept or reject your request to access any such features in Dashy Dash’s sole discretion. In addition, Dashy Dash reserves the right to terminate your membership at any time in Dashy Dash’s sole discretion. Certain categories of membership are subject to your payment of applicable fees and any other conditions of membership that we may make available to you from time to time.
You may never use another User’s Member Account without permission. When creating your Member Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Member Account, and you must keep your Member Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Member Account. You must notify Dashy Dash immediately of any breach of security or unauthorized use of your Member Account. Dashy Dash will not be liable for any losses caused by any unauthorized use of your Member Account.
You may control your Member profile and how you interact with the Service by changing the settings in your account settings page. By providing Dashy Dash your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your account settings.. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities:
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property or proprietary rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Notwithstanding anything to the contrary in this Agreement, Dashy Dash reserves the right to monitor and record how Members use the Service, including without limitation search terms they enter on the Service, for Dashy Dash’s own purposes, including (a) to evaluate Members’ compliance with this Agreement and (b) to support and improve the Service and develop new products and services.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Members generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Members. We reserve the right, but have no obligation, to monitor disputes between you and other Members. Dashy Dash shall have no liability for your interactions with other Members, or for any User’s action or inaction.
The Service is controlled and operated from facilities in the United States. Dashy Dash makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Some areas of the Service allow Members to submit, post, display, provide, or otherwise make available (together, “Share”) data about their suppliers, such as supplier pricing and other data relating to the suppliers’ product and service offerings (together, “Supplier Data”). When you Share any Supplier Data on our Service:
Dashy Dash uses the Supplier Data you Share with us for our own business purposes, including without limitation Sharing such Supplier Data with our Members, enabling our Members to compare how much they pay specific suppliers with how much others pay those suppliers, creating graphic representations and other derivative works from Supplier Data, maintaining, supporting and improving our Service, training machine learning algorithms, and developing new product and service offerings.
While such uses of Supplier Data are key features of our business model, we also value our Members’ privacy. Dashy Dash uses commercially reasonable efforts to ensure that any Supplier Data or derivatives thereof that we Share for our own business purposes cannot reasonably be used to identify the Member that Shared such Supplier Data with us.
Some areas of the Service allow Members to Share additional content that is not Supplier Data, such as profile information, product and supplier reviews, search query input, comments, questions, and other similar content or information. Any such content that a Member Shares on the Service is referred to in this Agreement as “Member Content”.
By Sharing any Member Content on or through the Service, you expressly grant, and you represent and warrant that you have all Intellectual Property Rights necessary to grant, to Dashy Dash a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Member Content and your name, voice, and/or likeness as contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Dashy Dash’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each Member of the Service a non-exclusive license to access your Member Content through the Service, and to use, reproduce, distribute display and perform such Member Content as permitted through the functionality of the Service and under this Agreement.
In connection with your Member Content, you represent and warrant the following:
Dashy Dash takes no responsibility and assumes no liability for any Member Content that you or any other Member or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your Member Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Member Content. You understand and agree that you may be exposed to Member Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Dashy Dash shall not be liable for any damages you allege to incur as a result of or relating to any Member Content.
Except as explicitly provided herein, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, Supplier Data that has been Shared with us on or through the Service, derivatives of such Supplier Data, and Member Content belonging to other Members (the “Dashy Dash Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Dashy Dash and its licensors (including other Members who post Member Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Dashy Dash Content. Use of the Dashy Dash Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to Share comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By Sharing any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dashy Dash under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Dashy Dash does not waive any rights to use similar or related ideas previously known to Dashy Dash, or developed by its employees, or obtained from sources other than you.
If the Service provides professional information (for example, financial, medical, or legal), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
You may sign up to receive certain Dashy Dash notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.]
Your privacy is important to us. For more information about our privacy practices, please refer to our Privacy Notice.
Dashy Dash cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is Dashy Dash’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Dashy Dash’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Dashy Dash to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Smart Dash Inc. dba Dashy Dash
Address: 651 N Broad St Suite 206 Middletown, Delaware 19709
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Dashy Dash and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Dashy Dash’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Dashy Dash has adopted a policy of terminating, in appropriate circumstances, Members who are deemed to be repeat infringers. Dashy Dash may also at its sole discretion limit access to the Service and/or terminate the Member Accounts of any Members who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
You agree to defend, indemnify and hold harmless Dashy Dash and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of confidentiality, privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) Member Content or any content that is Shared via your Member Account including without limitation misleading, false, or inaccurate information; (vi) your negligence or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Dashy Dash or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Dashy Dash, its subsidiaries, its affiliates, and its licensors do not warrant that the Dashy Dash Content, including without limitation the Supplier Data and derivatives thereof, is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
Further, Dashy Dash does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Dashy Dash will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
To the maximum extent permitted by applicable law, in no event shall Dashy Dash, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will Dashy Dash be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Dashy Dash assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) Member Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Dashy Dash, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Dashy Dash hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Dashy Dash has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.