Welcome to the ToGoMonster.com website (hereinafter “Website”), if you continue to browse and use this Website you are agreeing to comply with and be bound by the following terms and conditions of use (hereinafter “Agreement”), which together with our Privacy Policy (please see policy) govern ToGoMonster.com’S relationship with you in relation to this Website.
Unless otherwise stated or indicated, all text, software programs available on or through this Website, and other content including but not limited to menu’s, restaurant names, and addresses, and restaurant review information (“Content”),and additionally including trademarks (registered and unregistered), graphics, photographs, images, logos and service marks (collectively, the “Marks”) and the selection, arrangement and “look and feel” of the Marks and other Content is the property of ToGoMonster.com or the property of third parties who have granted ToGoMonster.com permission to use such Content on this Website. All Content is protected by international copyright and trademark laws.
The term “ToGoMonster.com” or “us” or “we” refers to the owner of the Website whose registered office is 53 Hart Loop, Staten Island, NY 10306 . The term “you” refers to the user or viewer of our Website.

The use of this Website is subject to the following terms of use:

1. Restrictions on use

 

Except as expressly permitted herein or elsewhere in this Website, or by obtaining prior written permission from TOGOMONSTER, or any third party who has such power, authority, titles or interest as is necessary to grant such legal permission, you are prohibited from modifying, copying, downloading, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using any Marks or other Content available on or through this Website for commercial or public purposes, including, but not limited to, use as meta tags on other pages or websites on the World Wide Web. Nothing in this Agreement confers any rights in the Marks or other Content to you that is not specifically mentioned herein.

The following activities are also expressly prohibited without ToGoMonster.com’s prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Website or any of its Content; "mirroring" the Website or any Content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Website or otherwise interferes with its functioning.

2. Changed Terms

 

The content of the pages of this Website is for your general information and use only. It is subject to change without notice.  Notice will be given to changes or modifications concerning adding fees and charges for use.  The method notice shall include but not be limited to, posting on the site or electronic/conventional mail.  Any use of this site after such notice shall be deemed to constitute acceptance of such changes or modifications.

3. Pricing

 

The information regarding price, product specifications and availability found on this Website have been provided by member retailers. The prices charged by ToGoMonster.com member retailers are the same prices that they charge in their brick-and-mortar stores at the time the order is confirmed, delivered or available for pickup. ToGoMonster.com will make every effort to make sure that the prices listed on the site match that of the respective retailer’s store.  Every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the site are different, the checkout price will prevail in every case.

4. Disclaimer Warranty

 

Neither we or any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.

5. Disclaimer of Liability

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of this site, whether for breach of contract, tortuous behavior (including strict liability), negligence, or under any other cause of action.

6. Intellectual property

 

This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, the layout, the look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. ToGoMonster.com’s trade name, trademark (2GOMONSTER) and logo, and the trademarks and logs of the vendors appearing on this site are trademarks of ToGoMonster.com and the vendors respectively.  All other trademarks appearing on the site are property of their respective owners. Unauthorized use of this Website may give rise to claim or damages and/or be a criminal offense.

7. Third Party Content and Links

 

From the time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to this Website from another website or document without ToGoMonster.com’S prior written consent.

8. Jurisdiction and Miscellaneous

 

All claims, disputes or disagreements which may arise out of the interpretation performance or in any way relating to your use of this site shall be submitted exclusively to the jurisdiction of the Sate or federal courts located in the County and State of New York.

9. Indemnity

 

You agree to defend, indemnify, and hold harmless TOGOMONSTER, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees) made against ToGoMonster.com by any third party due to or arising out of or in connection with your use of this site.