Terms of Service
WELCOME TO FASTCURB WHICH IS OWNED AND OPERATED BY ANGRYPANCAKES LLC. (“FASTCURB”, “WE”, “US” or “OUR”). PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THESE “TERMS”) CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, PURCHASING SERVICES OR CLICKING AT THE TIME OF YOUR REGISTRATION FOR THE SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH ANGRYPANCAKES LLC AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by us, acceptance is expressly limited to these Terms.
1. Registration Data; Account Security
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to FastCurb, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to FastCurb.
You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users over the age of 13 (or 16 in the European Union) years of age or older. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union). Use of our Services requires a FastCurb.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your password secure.
- Description. FastCurb is an online curbside ordering and pickup solution for small retailers.
- Content. FastCurb may store content you generate or provide to the Service. This may include text content such as entered during store setup, internal notes for orders, content provided by your customers in relation to the ordering process such as ordered items and customer information (including but not limited to customer name, phone number, email address, etc.), and uploads you provide. You can customize much of the Content that FastCurb stores when using the Service. You're fully responsible for your Content. It's your responsibility to ensure that your Content abides by applicable laws and by these Terms. We don't actively review the Content.
- Access. If you lose access to your FastCurb.com account, you may not be able to access any of your FastCurb Content.
- License. By using FastCurb, you grant us access to your provided Content for the purpose of providing the Service including accessing, transferring, or processing, your FastCurb Content. In order to address security vulnerabilities, we may remove malicious code. We may also scan FastCurb Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the FastCurb service. You also grant us a worldwide, royalty-free, and non-exclusive license to access, transfer, copy, and store your FastCurb Content, to the extent necessary to operate the FastCurb service. These Terms don't give us any rights in your FastCurb Content, beyond those we need to operate FastCurb. You own your FastCurb Content.
You acknowledge that all right, title and interest in and to FastCurb Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with FastCurb or its third party licensors.
Prohibited Uses. When using FastCurb, you agree not to:
- Create or store material or engage in activity that is illegal under applicable law.
- Attempt to distribute or sell or buy or request any product which is illegal to possess, sell, or distribute either electronically or in person. This includes controlled and restricted substances or goods such as drugs, weapons, medical equipment, hazardous materials, recalled items, or pornography. Other highly regulated items may be disallowed. We recommend checking all applicable laws and jurisdictions for any product(s) you are selling. If accepting online payments Stripe, Inc. Terms of Service will apply [https://stripe.com/legal]
- Use FastCurb to overburden FastCurb's systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
Service Payment, Renewal and Refunds. FastCurb may offer different levels of service. By purchasing or signing up for a particular level of service, you agree to pay FastCurb the applicable fees or subscription fees. Services may include additional charges if certain features are chosen or certain criteria are met (e.g., your plan's monthly order limit is exceeded) which will result in additional fees being charged to you. Unless you notify us before the end of your subscription period (if applicable) that you no longer wish continue subscription to FastCurb, your subscription, if any, will renew automatically. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds if we are unable to provide the service purchased. Refunded amounts may be reduced by the amount of processing fees, at our discretion, withheld by our payment processor (eg. we may withhold 2.9% + 30 cents from the refunded amount). Payment failures will result in the suspension or cancellation of your FastCurb plan or service.
- Orders and Requests to Stores. By submitting orders or purchase requests to a store through FastCurb you agree to pay the store the amount due for said order. While FastCurb facilitates payment for orders to the store through a third party payment processor, Stripe, Inc., FastCurb is not responsible for any payments owed to stores from store customers, refunds owed to store customers from the store, or product owed to store customers from the store. Any disputes of pay, product, or services between store customers and the stores is fully between the store customer and store. FastCurb offers no warranty, guarentee, or promise regarding products or services offered by any stores on the FastCurb platform.
If you find yourself in a dispute with another user of FastCurb’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of FastCurb and ANGRYPANCAKES LLC: You release FastCurb and ANGRYPANCAKES LLC from any claims, demands, and damages arising out of disputes with other users, stores, or parties.
Payments. Payments are proccessed by Stripe, Inc. You agree to pay any FastCurb service fees agreed upon when enabling payments in your account, such as a per-order fee or monthly subscription if applicable. These fees may change with reasonable notice (eg. 30 days notice). By accepting payment as a store or submitting payment you must agree with and abide by the Stripe, Inc. Terms of Service [https://stripe.com/legal]. Payout handling, credit card processing fees, tax reporting, and many other payment-related aspects will be handled and agreed upon between you and Stripe, Inc. with FastCurb merely facilitating the connection between you and Stripe, Inc.'s services. Any disputes of pay, product, or services between you and Stripe, Inc. or other third parties is fully between you and that party.
- Cancellation. If you cancel your subscription or service with FastCurb, we may queue your backed-up FastCurb Content for deletion.
- Restricted Use. You may not use the FastCurb.com site or Services to substantially replicate products or services offered by FastCurb or AngryPancakes LLC, including the republication of FastCurb.com content or the creation of a separate curbside ordering or electronic pickup or arrival notification platform. You may not display, distribute, or otherwise make available content or data to governmental entities for intelligence gathering or surveillance purposes. If FastCurb believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these Terms, your ability to use and access the FastCurb.com may be temporarily or permanently revoked, with or without notice.
3. Choice of Law and Forum
This Agreement will be governed by the laws of the State of Oklahoma in the United States of America. Any dispute arising from the terms of this agreement or breach of this agreement will be governed by the laws of the State of Oklahoma and you agree to personal jurisdiction by the state and federal courts sitting in Oklahoma City, Oklahoma. The parties hereby expressly waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with these Terms and agree to submit to binding arbitration.
4. Responsibility of Visitors.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content containing technical inaccuracies, typographical mistakes, and other errors. FastCurb disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which FastCurb.com links, and that link to FastCurb.com. FastCurb does not have any control over those non-FastCurb.com websites, and is not responsible for their contents or their use. By linking to a non-FastCurb.com website, FastCurb does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. FastCurb disclaims any responsibility for any harm resulting from your use of non-FastCurb.com websites and webpages.
6. Intellectual Property.
This Agreement does not transfer from FastCurb to you any FastCurb or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with FastCurb. FastCurb, FastCurb.com, FastCurb, the FastCurb.com logo, and all other trademarks, service marks, graphics and logos used in connection with FastCurb.com or our Services, are trademarks or registered trademarks of FastCurb or FastCurb's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any FastCurb or third-party trademarks.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use FastCurb Materials or Content for any commercial purpose; (b) distribute, publicly perform or public display of any FastCurb Materials; (c) modify or otherwise make any derivative uses of FastCurb Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of FastCurb Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer FastCurb Materials, translate FastCurb Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying FastCurb Materials or reduce FastCurb Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within FastCurb Materials; or (h) use FastCurb Materials other than for their intended purpose. Any use of FastCurb Materials other than as specifically authorized herein, without the prior written permission of FastCurb, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
Exception: Certain materials may be provided for your use in marketing our Services to your customers, such as signage, flyers, logos, or graphics. By using these materials you agree to follow any restrictions or guidelines for their display or usage. For instance, you may hang a sign advertising the URL for curbside pickup at your storefront portraying our logo.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will provide notice before the changes take effect. Such notice may be provided by sending an e-mail, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by FastCurb. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including any binding individual arbitration clause) that were in place when the dispute arose.
FastCurb may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FastCurb.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY FASTCURB, THE SERVICES AND FASTCURB MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FASTCURB DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (B) THAT FASTCURB MATERIALS IN THE SERVICES OR ANY USER CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT; (C) THAT THE SERVICES WILL OPERATE; WILL OPERATE WITHOUT DOWNTIME, INTERRUPTION, DELAY OR ERROR; OR (D) THAT THE SERVICES OR FASTCURB’S SERVERS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
11. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Oklahoma, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Oklahoma County, Oklahoma.
12. Limitation of Liability
IN NO EVENT WILL FASTCURB, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR FASTCURB MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM FASTCURB, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR DATA OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FASTCURB’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FASTCURB, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF COMPENSATION YOU PAY, IF ANY, TO FASTCURB FOR ACCESS TO OR USE OF THE SERVICES OR USD $100.00.
FASTCURB IS NOT LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. General Representation and Warranty.
You represent and warrant that your use of our Services:
- Will be in strict accordance with this Agreement;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and FastCurb reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless FastCurb, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between FastCurb and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FastCurb, or by the posting by FastCurb of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; FastCurb may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Notwithstanding any terms to the contrary in these Terms, FastCurb may choose to electronically deliver all communications with you, which may include: (a) e-mail to your e-mail address indicated in your communications with FastCurb or upon registration for the Services; or (b) posting messages that are displayed to you when you log in to or access the Services. FastCurb’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with FastCurb, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such e-mail.