Report an order issue (upcharge, refund request, no driver, etc)
Out of Stock
- Select the 86 tab in your dashboard.
- Select Out of Stock.
- Note: Item will be unavailable for the remainder of the day, unless marked Available.
Change prep time
- Gruhub, Uber Eats & Postmates – Please contact Nextbite support via phone at 818-647-9029 or via SMS at 206-690-8440.
- Doordash – Prep time calculatd by Doordash’s algorithm.
- Other delivery service providers – Please contact them directly.
Pause incoming orders
- Before pausing, keep in mind, this feature should only be used in case of emergency as pausing hurts your Nextbite brand’s visibility on the Delivery Service and will negatively impact your order volume. Please instead use Special Closures for pre-determined closures.
- Click Pause Services on Orders tab.
- Select which delivery services you want to pause.
- Choose how long you want to pause orders.
- Enter your name and reason for pausing orders.
- Confirm the pause request.
- For any questions, concerns or requests related to your Nextbite menu, please reach out to your Account Manager or contact Nextbite support by phone at 818-647-9029 or by SMS at 206-690-8440.
- For any questions, concerns or requests related to your Nextbite integrations with delivery service providers, please reach out to your Account Manager or contact Nextbite support by phone at 818-647-9029 or by SMS at 206-690-8440.
Printer is not printing
- Verify the printer is securely plugged into a power source and the power cord is securely plugged into the printer.
- Confirm there is paper and it is loaded correctly.
- Power cycle the device by turning off and unplugging from power source, then plugging back in and turning back on.
- Verify your internet network is working. If you’re not sure, connect another device to your network to see if it is works.
- If you still need help, please reach out to Nextbite support at 818-647-9029.
- Please ensure you have your internet network name and password available. You can verify you have the correct password by connecting another device to the network.
Unable to log into tablet
- Verify the username and password are the correct case as the login is case sensitive.
- If you still are unable to login or you do not know your username or password, please contact Nextbite support by phone 818-647-9029.
- If you can locate the email sent when your tablet login was first created, the username and password are located within.
Tablet screen is white, dashboard will not load
- Verify your internet network is working. If you’re not sure, connect another device to your network to see if it works.
- This typically indicates network instability. To check, connect your tablet to a hotspot – if the screen loads properly, please reach out to your internet provider for assistance.
- If the problem persists, please contact Nextbite support at 818-647-9029.
- Verify your internet network is working. If you’re not sure, connect another device to your network to see if it works.
Equipment is damaged or needs replacement
- Please contact Nextbite support at 818-647-9029.
Tablet vs. store admin reports
- Tablet reports provide limited information on sales for the last 7 days only. Store admin logins provide advanced reporting for any date range.
- Please remember these reports are the raw order data and do not take into account any chargebacks, refunds or adjustments. This data should not be used for accounting reconciliation.
- Tablet reports provide limited information on sales for the last 7 days only. Store admin logins provide advanced reporting for any date range.
- A brief overview of your online ordering business during a specific timeframe.
- To change the filters, use the drop-downs in the gray bar. You can filter by date range, day of the week, or provider.
Reports for export
- Daily Sales – You can filter by date range, day of the week, or provider.
- Detailed Sales – You can filter by date range, day of the week, or provider.
- Insights – Month to date summary of daily revenue from delivery services in Excel format. Select Request Report to send a copy to all admins on your account.
Additional reportsYou can filter by date range, day of the week, or provider.
- Hourly Sales
- Sales by Day
- Top Sellers
- Pause History
Terms of Service
TERMS AND CONDITIONS OF USE
Ordermark Inc. (“Ordermark”), Terms and Conditions of Use covers the Ordermark web sites www.ordermark.com, www.ordermarksupport.com, and the other related web sites operated under the www.ordermark.com domain (collectively, the “Site”).
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. IF YOU ARE ACCESSING THE SITE AND SERVICES ON BEHALF OF A COMPANY THAT YOU REPRESENT (“YOUR COMPANY”), THEN YOU AGREE TO BIND BOTH YOURSELF AS AN INDIVIDUAL, AND YOUR COMPANY, TO ALL OF THE TERMS OF THIS AGREEMENT.
By accessing the Site or otherwise using the Services, you acknowledge that you have read and agree to be bound by this Agreement. If you do not agree with any of the terms of this Agreement, you do not have permission to access the Site or use the Services.
In addition, you may also be asked to enter into additional agreements before being permitted to access certain of the Services. Those additional agreements are made a part of this Agreement and will govern your use of the Services covered by the additional agreements. In the event of a conflict between the terms of this Agreement and those additional agreements, the terms of the additional agreements shall govern.
Ordermark reserves the right, in its sole discretion, to modify this Agreement at any time by posting a modified version of this Agreement to the Site. You agree to be bound by the modified Agreement through your continued access to the Site or use of the Services.
1. Registration. In order to access any Services, you will be asked to submit certain information about yourself (“Registration Information”). You represent and warrant that all Registration Information you have provided is true, accurate, current and complete.
2. Email Communication. You must provide your electronic mail (“email”) address when registering to access any Service. We may use your email address, when necessary, to communicate with you regarding the administration of the Site. Occasionally, you may receive newsletters and updates with information that we deem to be of interest to the members of Ordermark. If you do not want to receive newsletters and updates, you may opt out of those Services (i) during the registration process, or (iii) by emailing the address at the bottom of newsletters and updates with “UNSUBSCRIBE” in the subject line.
3. Individual Features and Services. Certain features of the Services may have their own terms and conditions that you must agree to when you sign up for that particular product, function, or service (each an “Individual Service Agreement”). An Individual Service Agreement supplements these Terms and is hereby incorporated by reference. If any term of these Terms expressly conflicts with any term of an Individual Service Agreement, the conflicting term in the Individual Service Agreement will control. All other terms and conditions of each agreement will remain in full force and effect.
4. Use of the Site and the Services – Permissions and Restrictions. You may access and use the Site only for lawful purposes and solely in accordance with the terms of this Agreement. Ordermark reserves the right to discontinue any aspect of the Site or Services at any time and without notice. All rights not expressly granted to you under this Agreement are reserved by Ordermark and its licensors.
You will not:
license, sublicense, rent, lease, loan, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Site or Services;
modify or make derivative works based upon the Site or Services;
reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of the Site or Services, or authorize any third party to do any of the foregoing;
access or make use of the Services and Site by scripts or automated services;
impersonate any person or use a name that you are not authorized to use; or
compromise violate or impair system or network security or operation.
5. User Content. Some areas of the Site allow Users to post or provide content such as comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Site is referred to as “User Content”). With the exception of Results (as defined below), we claim no ownership rights over User Content created by you; the User Content you create remains yours; however, by providing or sharing User Content through the Site, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Ordermark has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Site.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Ordermark reserves the right, but is not obligated, to reject and/or remove any User Content that Ordermark believes, in its sole discretion, violates any of these provisions. You understand that publishing your User Content on the Site is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
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 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.
In connection with your User Content, you affirm, represent and warrant the following:
You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
You have obtained and are solely responsible for obtaining all consents as may be required by law to post any User Content relating to third parties.
Your User Content and Ordermark’s use thereof as contemplated by this Agreement and the Site will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
Ordermark may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
Ordermark takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts, sends, or otherwise makes available over the Site. You shall be solely responsible for your User Content and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Ordermark shall not be liable for any damages you allege to incur as a result of or relating to any User Content.
6. User Content License Grant. By posting or otherwise making available any User Content on or through the Site, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Ordermark 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 User Content and your name, voice, and/or likeness as contained in your User 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 Site and Ordermark’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
7. Ownership of Intellectual Property. Ordermark and its licensors own all rights, title and interest in and to the Site and Services, including, without limitation, any Results (defined below) and any Intellectual Property Rights therein and/or related thereto. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The Ordermark name and logo are trademarks of Ordermark, Inc., and no right or license is granted to you herein to use such trademarks.
8. Data Collection.. Ordermark will have the right to utilize data capture, analysis tools, and other similar tools, to review, extract, compile, synthesize, and analyze queries entered by you as well as any non-personally identifiable data or information resulting from your use of the Services (“Results”). To the extent that any Results are collected by Ordermark, such Results will be solely owned by Ordermark (and you hereby assign any ownership rights in Results you may have to Ordermark), and they may be used by Ordermark for any lawful business purpose without a duty of accounting to you; provided, however, that Ordermark shall use the Results in an aggregated form only, without specifically identifying the source of the Results.
9. DMCA Notice. Since we respect artist and content owner rights, it is Ordermark’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 Site, please notify Ordermark’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:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Site;
Information reasonably sufficient to permit Ordermark to contact you, such as your address, telephone number, and, e-mail address;
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
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
Address: Ordermark Inc.
12045 E Waterfront Dr, 3rd floor
Los Angeles, CA 90094
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 Ordermark and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Ordermark’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, Ordermark has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Ordermark may also at its sole discretion limit access to the Site and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Representations and Warranties. You represent, warrant and covenant for the benefit of Ordermark that: (1) you have the legal right and authority to enter into this Agreement, and, if you are accepting this Agreement on behalf of Your Company or other entity, to bind Your Company or other entity to the terms of this Agreement; (2) you have the legal right and authority to perform your obligations under this Agreement and to grant the rights and licenses described in this Agreement and in any applicable additional agreement you enter into in connection with any of the Services; (3) all information you provide to Ordermark in connection with this Agreement and your access to the Site and use of the Services is correct and current.
11. Indemnification. You agree to indemnify, defend, and hold harmless Ordermark and each of its respective employees, officer, directors, and affiliates (“Indemnified Parties”), from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) which result from any claim or allegation against any Indemnified Party arising from: (a) your accessing the Site or use of the Services, including any materials disseminated or transmitted by you and/or your Registrants; (b) your breach of any term of this Agreement; or (c) your negligence or intentional misconduct hereunder. Ordermark will provide you with notice of any such claim or allegation, and Ordermark will have the right to participate in the defense of any such claim at its expense.
12. Disclaimer. THE PARTIES ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. YOU RECOGNIZE THAT THE CURRENT STATE OF TECHNOLOGY DOES NOT ALLOW FOR ERROR-FREE ACCESS TO THE SITE AND USE OF THE SERVICES, AND INTERRUPTIONS, CRASHES AND DOWNTIME MAY OCCUR FROM TIME TO TIME. ORDERMARK DOES NOT REPRESENT OR WARRANT THAT: (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) THE SERVICES WILL MEET CUSTOMERS’ REQUIREMENTS OR EXPECTATIONS; OR (C) ANY RESULTS GENERATED BY USING THE SERVICES WILL BE ACCURATE, UP-TO-DATE, COMPLETE, OR RELIABLE. ORDEMARK DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION GIVEN BY Ordermark WILL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. YOU AGREE THAT YOUR ACCESS TO THE SITE AND THE INFORMATION THEREON IS AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LIABILITY OR DAMAGE YOU INCUR THROUGH ACCESS TO THE SITE OR USE OF THE SERVICES.
13. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORDERMARK, 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, THIS SITE. UNDER NO CIRCUMSTANCES WILL ORDERMARK BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDERMARK 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 SITE; (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 SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE 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 SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ORDERMARK, 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 ORDERMARK 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 ORDERMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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.
15. Linked Sites. The Site may contain links to third party sites that are not under the control of Ordermark, and Ordermark is not responsible for any content on any linked site. If you access a third-party site from the Site, then you do so at your own risk. Ordermark provides links only as a convenience and the inclusion of the link does not imply that Ordermark endorses or accepts any responsibility for the content on those third-party sites. Ordermark welcomes links to the Site. You may establish a link to this Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Ordermark or any group or individual affiliated with Ordermark. You may not use on your site any content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
16. Notices. All notices by you under this Agreement must be delivered in writing by courier, by electronic facsimile, or by certified or registered mail (postage prepaid and return receipt requested) to Ordermark’s address set forth on the Site, as appropriate. Such notice will be effective upon receipt or three business days after being deposited in the mail, whichever occurs sooner. Ordermark may deliver a notice to you by posting of a general notice on the Site, which will be effective 48 hours after posting to the Site.
17. Term, Termination. This Agreement shall be effective for as long as you use or access the Site or the Services. Ordermark may terminate your access to the Site with or without cause, at any time and without notice to you. Neither Ordermark nor any affiliate of Ordermark shall be liable to you or to any third party for termination of your access for any reason. Sections 6-8, 11-13, and 18 shall survive termination or expiration of this Agreement.
18. Governing Law, Arbitration, and Class Action/Jury Trial Waiver.
a. Governing Law. You agree that: (i) the Site shall be deemed solely based in California; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
b. Arbitration. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ORDERMARK. For any dispute with Ordermark, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that Ordermark has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California, unless you and Ordermark agree otherwise. If you are using the Site for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Site for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Ordermark from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
c. Class Action/Jury Trial Waiver. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ORDERMARK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
19. California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
20. General Provisions. This Agreement is the complete and exclusive statement of the Agreement between Ordermark and you regarding the Site and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between Ordermark and you. There are no other third-party beneficiaries under this Agreement. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of this Agreement is deemed unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. You may not assign, delegate or otherwise transfer this Agreement or any of your rights or obligations under this Agreement without the prior written consent of Ordermark. Any such assignment, delegation or transfer in violation of the foregoing will be null and void.
This Policy describes the types of information that Ordermark, Inc. (“we”, “us” or “our”) gathers from you and the other people who use Ordermark (the “Users”), how we may use that information and how you can contact us regarding this Policy and your personal information.
Changes to Policy. We reserve the right to modify this Policy at any time, so please review Ordermark frequently for any changes. Amendments to this Policy will be posted on the Site and will be effective when posted. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted, the changes to any amended or revised Policy by your continued access or use of our services or Ordermark.
Your Consent. Please read this entire Policy carefully before using Ordermark or providing us with any information. When you access or use Ordermark, you consent to the collection, use and disclosure of your information in accordance Terms and Conditions of Use and with this Policy. By providing information to Ordermark, all Users fully understand and consent to the collection, use and processing of such information by Ordermark or third parties as set forth herein. By using Ordermark, all Users consent to us providing all information (whether or not personally identifiable) received or collected from those Users to such third-party providers for the purpose of enabling the third-party provider to provide these outsourced services to us. In addition, all Users consent to the collection, maintenance, and processing of their information (whether or not personally identifiable) by us and these third-party providers. If you do not agree to the Terms and Conditions of Use and the terms of this Policy, you are not authorized to use the Ordermark Site.
Please understand that we may contract with third parties to provide various services to Ordermark relating to Ordermark on an outsourced basis rather than performing those services ourselves. For example, we may (i) contract with an email provider to handle the distribution of email messages to Users, (ii) contract with a web site hosting provider to host Ordermark for us or (iii) contract with a third party to provide call center services to facilitate communication in connection with our services. We may also contract with various validation services to confirm contact information you provide.
Maintaining your trust is our top priority, so we adhere to the following principles to protect your privacy:
Our Site are not directed to children under the age of 13. We do not knowingly collect personal information from children under age 13. Ordermark complies with the Children’s Online Privacy Protection Act (COPPA). We do not knowingly collect or use personally identifiable information from children under the age of 13. If we discover such information from a child under the age of 13, we will eliminate that data.
Information You Give Us. We may collect and retain any information from you or your business provided to us when you visit a Site, including when you:
use our service;
register for an account;
communicate with us, such as to provide feedback, request support, or ask for additional information;
subscribe to content we offer, such as newsletters, alerts, etc.
We may collect information such as your first and last name, business address or other physical address, email address, zip code, telephone number, or information about your interactions with us or others, and other information
Social Media. You may use social networks or other online services to access our Site. When you do so, information from those services may be made available to us. By associating a social network account with our Site, you agree that we may access and retain that information in accordance with the policies of the social network or other online service and this Policy. For example, we may be able to access account or profile information that you have provided to the social network or information about your interactions with the social network to make information available to us (such as when commenting on a blog post or using a sign-on service, such as Facebook Connect).
Automatically Collected Information. We may collect information automatically when you visit our Sites, such as:
your IP address;
the type of browser, devices and operating systems you use;
identifiers associated with the device(s) you use to access our Sites;
the pages you visit, vehicles you view or configure, and the features you use, including dates and times;
if you navigated from or navigate to another website, the address of that website; and
information regarding your internet service provider.
We may allow third parties to use Metrics Tools on our Sites. The information collected by Metrics Tools may be shared with and used by us, by others acting on our behalf, or by third parties subject to their own privacy policies. Information collected by Metrics Tools may be used on this Site or on other websites or services, including those that may not be operated by us. Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time.
Email. We may collect information regarding the effectiveness of our email and other communications with you. For example, we may know if you follow a link in an email we send to you.
Information from Other Sources. We may obtain information about you from affiliates, partners, automobile dealers and other third parties. This information may include information about your use of this Site or our services, your use of other websites, your interactions with or purchases from automobile dealers, your interests and preferences and other information about you or your household. We may combine the information we obtain from third parties with information that we or our affiliates have collected about you.
Use of Information. We and others acting on our behalf may use the information that we collect or receive to operate our business, including our Site, including, but not limited to:
Operate and Support our Sites and Services. We use the information that we gather in order to operate our Site and our services. If you establish an account with us, we may use information about you to manage or support your account. We may identify your use of our Sites across devices, and we may use information we collect from you and receive from others to optimize your use of the Site and our services.
Improving and Evolving our Services. We constantly evaluate and improve our Site and services, including developing new products or services and use the information we gather to do so.
Advertising and Promotions. We may use the information we gather offer, provide, or personalize products and services from us and third parties. For example, we may customize content, promotions and incentives to reflect your preferences, business, interests, or prior interactions with us and others.
Testimonials. If you provide any testimonials about our goods or services, we may post those testimonials and examples of advertisements you place in connection with our promotion of these services to third parties. Testimonials and advertisements may include your name and other personal information that you have provided.
Other Uses. We may use the information (whether or not personally identifiable) that you provide to us to also, among other things:
E-mail information and offers to you.
Mail information and offers to you.
Provide your information to third parties to fulfill services you have requested or that may be of interest to you.
Compile anonymous statistical information and analysis.
Provide compiled anonymous information to third parties.
Provide, sell, or rent anonymous statistical information and analysis to third parties for advertising purposes.
Help administer and protect the security of Ordermark.
Facilitate the processing by third parties of payment for online purchases or other transactions.
Prevent, detect, mitigate, and investigate fraud, security breaches, and potentially prohibited or illegal activities.
Third Party Tracking and Online Behavioral Advertising. We may share, or we may permit third party online advertising networks, social media companies and other third-party services, to collect, information about your use of our website over time so that they may play or display ads on our Service, on other devices you may use, and on other websites, apps or services. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site and other information. We may also share a common account identifier (such as an email address or user ID) to help us identify you across devices. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests. As noted above, depending on your browser or mobile device, you may be able set your browser to delete or notify you of cookies and other tracking technology by actively managing the settings on your browser or mobile device. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android). To learn more about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices, and you may also adjust your ad preferences through your Facebook settings. Some of these opt-outs may not be effective unless your browser is set to accept cookies. Furthermore, if you use a different device, change browsers or delete the opt-out cookie, you may need to perform the opt-out task again. You may also be able to opt-out of some – but not all – interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.
When Do We Share Information? We only share information about you as described or permitted by this Policy, unless you consent to other sharing. We may share information about you in the following ways:
Corporate Affiliates. We may share information with our corporate affiliates for their everyday business purposes, to provide services or to perform marketing. We may also participate in joint ventures with others and we may share information as part of that joint venture.
Partner Sites. We may share the information we gather with Partner
Service Providers. We may share information with third party service providers who help us operate our business or provide services on our behalf. These service providers include analytics companies and advertising networks that provide Metrics Tools on our Sites.
Promotional. We may share information with third parties to help us promote our products and services, or to help us customize advertisements, offers, or other communications to you.
Business Transfer. We may share information we have collected from you in connection with the sale or merger of our business or the transfer of assets.
Protection of Ourselves and Others. We may use and share the information we gather to enforce our rights and protect our property and those of our affiliates, customers and members of the public, to comply with applicable law, legal process, legal advice and for preventing fraud, and theft.
What Choices Do I Have Regarding My Information? You may limit and control the information provided to us in a number of ways. You may not be able to use all features of our Site if you limit the information you share with us.
For example, you can choose not to access our Sites through your social media account. You may also be able to limit the information provided to us by third party social media providers by altering your privacy settings with those providers.
How Do We Handle Privacy Disputes? By using this Site, you agree that any dispute arising out of or relating to the Site, the Sites’ content or the services or materials made available on the Sites, or regarding information collected or shared about you, is subject to the Choice of Law, Venue, and Class Action Waiver provisions in our Terms of Service.
How Do We Protect the Security of the Information? We use administrative, technical, and physical security designed to safeguard personal information in our possession. We cannot guarantee the security of the information that we collect and store. If you believe that information about you has been subject to unauthorized disclosure, please let us know your Ordermark representative know or by mailing us at:
12045 E Waterfront Dr, 3rd floor
Los Angeles, CA 90094
How Can we be Contacted Regarding Privacy Issues? You can contact us with questions or comments about our privacy practices at:
12045 E Waterfront Dr, 3rd floor
Los Angeles, CA 90094
We employ other companies and people to provide services to visitors to our Websites and our customers and users of the Subscription Service and may elect to share your information with them to provide information, products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, and providing customer service or support. In all cases where we share your information with such agents, we explicitly require the agent to acknowledge and adhere to our privacy and customer data handling policies.
In addition, we may share data with trusted partners to contact you based on your request to receive such communications, help us perform statistical analysis, or provide customer support. Such third parties are prohibited from using your Personal Information except for these purposes, and they are required to maintain the confidentiality of your information.
If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by Ordermark on the Websites and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Information, and choices you may have regarding your Personal Information.
We reserve the right to use or disclose your Personal Information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process.