TERMS OF USE

Read the following terms carefully before continuing or using the delivery service provided by Beam Lunch. If you do not agree to these terms and conditions, you may not access or otherwise use these services. Your clicking on the button marked "I accept" and your continued use of the services indicates your acknowledgment that you have read and accepted these terms and conditions.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE

Petro, Hall, Hirsberg, LLC doing business as Beam Lunch (the "Company"), maintains this website (the "Site") as a service to its customers. By using the Site or any current or future service(s) provided to you by the Company, you are agreeing to comply with and be bound by the terms and conditions of these Terms of Use and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the "Terms"). The Terms govern your access to and use of the Site and the Services. In the case of any violation of the Terms, the Company reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to the Site and use of the Services, both now and in the future. ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT AND SERVICES.

By using the Site or any current or future service(s) provided to you by the Company, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the website is not intended for children under the age of 13.


2. ACCURATE INFORMATION

In creating and using your User Account on the Site, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Site (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or COMPANY has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, COMPANY has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.


3. ELECTRONIC COMMUNICATION

  1. Email. When you enroll in this Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that COMPANY maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by COMPANY for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account with COMPANY. COMPANY will NEVER send you emails requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from COMPANY, do not respond to the email and notify COMPANY by calling 1-662- 202-6003 or forwarding the email to bo@beamlunch.com.
  2. Usage of Electronic Communication. By your enrollment in this Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that COMPANY may respond to any communication you send to COMPANY with an electronic communication, regardless of whether your original communication with COMPANY was an electronic communication. Any electronic communication COMPANY sends to you will be considered received within calendar days of the date such communication is sent by computer servers utilized by COMPANY to the email address you designate in your account profile. To the extent permissible under Applicable Law, any electronic communication you send to COMPANY will not be effective until COMPANY has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with COMPANY immediately and, in no event, should your sole method of communication with COMPANY regarding any emergency be by electronic communication. COMPANY strongly suggests that you report all matters requiring immediate attention to COMPANY by calling 1-662-202-6003. COMPANY may require you to provide written confirmation of any verbal or electronic notice of alleged error by COMPANY.

4. RELIANCE BY COMPANY

You authorize COMPANY to rely on your registration, which includes your telephone number to receive text messages and your credit card number to pay for the Service, to identify you when you use the Service, and as signature authorization for any payment made using the Service. You acknowledge and agree that you are responsible for all payments you make using the Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Service or give them access to your account, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that COMPANY may comply with the Payment Instructions entered by any person using your phone number.


5. PAYMENTS

You authorize COMPANY to debit your credit card. When COMPANY receives a text response requesting an order be placed, you have authorized COMPANY to debit your credit card for the amount indicated by the original text message sent by COMPANY.


6. ERRORS OR QUESTIONS ABOUT BILL PAYMENTS

In case of errors or questions about Bill Payments, you should notify COMPANY at once by calling 1-662- 202-6003, or by email at bo@beamlunch.com.


7. TERMINATION OF ACCOUNT

COMPANY reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling COMPANY at 1-662-202-6003 or by email at bo@beamlunch.com. Any termination of your use of the Online Service, whether initiated by you or by COMPANY, will not affect any of your or COMPANY’s rights and obligations under these Terms that have arisen before the effective date of such termination.


8. SECURITY

COMPANY is committed to protecting the security and confidentiality of information about you and your Account and User Account. COMPANY uses, and may in the future use, several different security methods to protect your Account and User Account information. Please see the PRIVACY STATEMENT for more specific information.


9. WEB COPYRIGHT INFORMATION

All pages within this Site are the property of the Company. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of the Company.


10. WARRANTY DISCLAIMER

THE COMPANY IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. The COMPANY contracts with other providers who are responsible for their services including website hosting, food preparation and delivery, and credit card processing. Those companies are responsible for the services that they provide.

Although COMPANY attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform COMPANY so that it can be corrected.


11. MISCELLANEOUS

This Agreement is entered into in the State of Mississippi and shall be governed by and construed in accordance with the laws of the State of Mississippi, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Lafayette in the State of Mississippi, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. The COMPANY may modify the terms of this Agreement by posting notice of such modification on a page of the Site prior to the modification taking effect.