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Simple Terms.

Updated on April 6th, 2019

Terms of Service

Version 1.1

These Terms of Service ("Terms") cover your use of and access to the service (collectively, the "Service") provided by Huella LLC (“gethuella.com,”, “huella”, “Huella”, “HUELLA”, “we,” “us,” or “our”). By using or accessing the Service, you're agreeing to these Terms (collectively, this “Agreement”). If you're using the Service for an organization, you're agreeing to this Agreement on behalf of that organization, in which case the terms “Business”, “Business Owner”, “Client”, “You” or “Your” shall refer to such organization, and represent and warrant that you can do so. Please read these Terms before using the Service. If you don’t agree to all the terms in this Agreement, you may not use or access the Service.

The “Service”

Huella offers an Annual Service (“Service”) to build, host and update websites for local businesses. Our Service provides a website presence using a domain name designated or provided by the business owner to showcase the business’ content such as its service(s), food menu, location(s), hours of operation, phone number(s) to place pickup or delivery orders when offered by the Client and other related services such as a Catering inquiry form if Catering services are also offered by the Client.

We do not offer a Service to place online orders, reservations nor sell merchandise or gift cards for the Client or on behalf of the Client. We are not an ecommerce Service or POS (point of sale) provider.

The Service includes a custom setup of the Client’s provided content on our website template to:

  • Size and set the business logo
  • Create a custom favicon (browser icon) based on the Client’s logo or branding
  • Set the Client’s branding colors (if provided by the Client)
  • Set the Client’s business hours
  • Add the Client’s Food Menu
  • Add the Client’s supplied photos to each Menu Section (Lunch, Appetizers, Soups, etc.)
  • Add the Client’s supplied photo to other sections such as About
  • Optimize for web publishing the Client’s supplied photos
  • Add the Client’s location(s) map and directions using Google Maps Platform

If the Client request to add other services offered, Huella will add the link(s) to those services:

  • Add the business phone number(s) for pickup or delivery orders
  • Connect the Client’s third party services (online ordering & delivery, online reservations, etc.)
  • Build a Catering Inquiry Form using Google Forms
  • Connect the Client’s social media channels such as Facebook, Yelp, etc.
  • Assist with connecting the Client’s custom domain name
  • Setup hosting of the Client’s website using our premier hosting provider
  • Publish the Client’s website on the provided domain name
  • Connect Google Analytics for website metrics

If the Client has more than one location, the additional locations and phone numbers will be added as long as the locations have the same food menu and hours of operation, otherwise other locations will require a separate paid Website Service.

The Service includes updates when requested by the Client for content published on the website, such as food menu changes, price changes, photos of new menu items, announcements, etc. The publishing of updates will be done by our service within 5 business days of being requested. We provide to the Client with our US domestic phone number and email address to communicate with us. These communications via Text Message or Email are to request updates in the Client’s website content.

The Service does not provide the option to download the custom website built for the Client. We provide a fully-managed service where the Client owns its domain and content and we own the Service. The Client’s website will be hosted and published as long as the Client has a current paid service.

Open Source Software

Some of the software used in the Services may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.

Your Content (Client’s Content)

The content provided by you to be published by our Service is yours and stays yours. You represent that you own all rights to your content. We only publish content provided by you. We are not liable for your content if contains errors; violates intellectual property, privacy, publicity or other rights of third parties; or the downloading, copying or use of which is subject to additional terms and policies.

Your Third Party Services

Third party services, applications and sites (collectively, “Third Party Services”) such as online ordering and delivery, online reservations, social networks, etc. you want to connect to your website via a link(s) may have their own terms and policies, and your use of them will be governed by those terms and policies. Our Service is limited to publish a link(s) to the third party services requested by you. We don't control third party services, and we’re not liable for third party services or for any transaction you may enter into with them. You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any third party services if those services are not longer available. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).

Domains

We don’t sell domains. We can assist you in purchasing a domain for your business if you don’t have one. The fee for the domain is included in our annual service fee. The domain is transferable to you at your request if you cancel your service and we have access to the domain registrar. If your service has expired, the domain purchased by us becomes available for everyone to purchase it in the Internet. We do not hold or keep domains on behalf of our clients after the service has expired. We are not liable for domains that are not renewed due to expired service and someone else may purchase it later. If you use a domain purchased by you, we do not offer discounts in our annual service fee.

Fee

You can access the Services by submitting a fee payment for our Annual Service. For example, to build and publish Your website publicly, you’ll need to pay an annual fee. The annual service will remain in effect until cancelled or terminated in accordance with this Agreement. We’ll tell you about fees for the Annual Service before billing you. You may cancel our Service at any time by contacting hello@gethuella.com. If you don't pay for your Annual Service on time, we reserve the right to suspend or cancel your access to our Services and the website. Our fees will appear on an invoice that we provide you via Email or regular Mail depending on your invoice delivery choice.

Taxes

All fees are exclusive of applicable federal, state, local or other taxes (“Taxes”). You're responsible for all applicable Taxes, and we'll charge Taxes in addition to the fees for the Services when required to do so. If you're exempt from Taxes, you must provide us with a valid tax exemption certificate (we reserve the right to determine whether a certificate is valid). Tax exemption will only apply from and after the date we receive such certificate.

Service Renewal

To ensure uninterrupted service, we will bill you for the Annual Service from the date you submit your initial payment and on each renewal period thereafter until cancellation. You should receive a notification to renew your service a month before the service is expiring. Your renewal period will be for twelve months. We do not offer other options at this time.

Refunds

While you may cancel the Services at any time, you won't be issued a refund except in our sole discretion. If you cancel your Service after paying your Annual Service, you won’t be issued a refund or prorated refund.

Fee changes

We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via Email or regular Mail depending on your mailing choice. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the Services before your next renewal date.

Chargebacks

If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Services. If you have questions about a payment made to us, we encourage you to contact us via hello@gethuella.com before filing a Chargeback. We reserve our right to dispute any Chargeback.

No warranties/Limitation of liability

Our services and the website hosted by our service are provided on an “as is” and “as available” basis, and Huella does not make any warranties with respect to the same or otherwise in connection with this agreement. Huella hereby disclaims any and all express, implied, or statutory warranties, including, without limitation, any warranties of non-infringement, merchantability, fitness for a particular purpose, availability, error-free or uninterrupted operation, and any warranties arising from a course of dealing, course of performance, or usage of trade.

In connection with any warranty, contract, or common law tort claims: (i) we shall not be liable for any incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use or inability to use the website, or the content, and (ii) any direct damages that you may suffer as a result of your use of the website, or, the content shall be limited to twenty dollars ($20). Some jurisdictions do not allow the exclusion of certain warranties, therefore, some of the above limitations on warranties in this section may not apply to you.

The website may contain technical inaccuracies or typographical errors or omissions. We are not responsible for any such typographical, technical, or pricing errors listed on the website. We reserve the right to make changes, corrections, and/or improvements to the website at any time without notice.

Indemnification

You agree to defend, indemnify, and hold the Huella LLC, its affiliates, and their respective shareholders, members, officers, directors, employees, agents, and representatives (collectively, the “Huella Parties”) harmless from and against any and all claims, actions, or demands and relating costs, damages and liability (including, without limitation, reasonable attorneys’ fees) arising or resulting from: (i) your breach of this Agreement; (ii) your use of the Website and/or the Content in violation of this Agreement; or (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Compliance with applicable laws

The Services provided by Huella are based in the United States. We make no claims concerning whether the website’s Content may be downloaded, viewed, or be appropriate for use outside of the United States.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your and any device’s access to all or any part of the Website, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

Binding Arbitration

In the event of a dispute arising under or relating to this Agreement or the Website (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. If either party chooses arbitration, neither party shall have the right to litigate such claim in court or to have a jury trial, except either party may bring its claim in its local small claims court, if permitted by that small claims court rules and if within such court’s jurisdiction. Arbitration is different from court, and discovery and appeal rights may also be limited in arbitration. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Huella from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Huella’s proprietary interests.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Modifications

We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within our site). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.