dineXpert Terms & Conditions

 

By becoming a member and signing the application, Applicant represents that he/she is authorized as an owner or acting as agent for the restaurant to enroll the business identified as a member of dineXpert, Inc. Further, you agree to the following terms and conditions:

1. To the best of Applicant’s knowledge, all information provided with respect to the prospective Member is correct.

2.  By signing the dineXpert Member Application, Member authorizes dineXpert to enroll the Member in all Membership Benefits and related programs. Member authorizes dineXpert to contact all suppliers listed within Applicant’s registration in order to obtain product level data and reporting for the purpose or price verification, volume allowances, opportunity analysis and any further purposes for which dineXpert uses such data as outlined in these Terms and Conditions. Applicant agrees to and acknowledges that dineXpert may receive financial consideration from certain program providers based upon my participation through the dineXpert Membership Benefits. 

3.  If the information provided by Member is not correct in any material sense, dineXpert has the right to cancel or amend Member’s participation in any and all Membership Benefits and other programs available through dineXpert.

4. Unless otherwise agreed in writing, in order to receive the agreed upon discounts, the Member is agreeing to purchase approximately 80% of their volume with the agreed upon distributors and manufacturers.  If you fall below that level, we simply cannot guarantee you the savings promised.  

5. Member agrees to participate in periodic compliance reviews conducted by dineXpert in order to ensure that Member is receiving the pricing they were promised.  If Member fails to make that information available, dineXpert is not responsible for savings not received.  

6. Member acknowledges that while some dineXpert Membership discounts are provided to the Member at the time of invoice, other savings, including rebates may take several months to be processed.  dineXpert passes along manufacturer rebates on a quarterly basis.  

7. dineXpert reserves the right to change the dineXpert Membership Terms & Conditions at any time. The current dineXpert Membership Terms & Conditions shall be available at www.dineXpert.com and it is Member’s responsibility to be aware of and comply with the dineXpert Membership Terms & Conditions.

8. Either Member or dineXpert may terminate the Membership at any time.  In the event of termination, Member must provide written notice to dineXpert 30 days in advance.  Any rebates will be prorated as of the time of termination.  

9. Member acknowledges that dineXpert aggregates purchasing data collected from the Members, removes any personally identifying information related to Member or its location and uses the data to help educate manufacturers on purchasing trends and other relevant information regarding the purchase of their products. No personal identifying information that could be associated with the Member shall be provided in such instances. Member expressly consents to dineXpert’s use of the data for this purpose.

10. There is no membership fee.  dineXpert takes a small percentage of the total savings to the Member based on overall savings and manufacturer rebates.  

11. Member hereby releases and forever holds harmless dineXpert, its officers, directors, shareholders, employees, agents, and assigns with respect to the Member’s membership in dineXpert, the Membership Benefits, any claims stemming from dineXpert’s receipt and/or use of Member’s purchase level data and/or any claims associated with Member’s purchases of products from distributors, suppliers and/or manufacturers.

12.  In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or DEN-29591-1 claim shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be Salt Lake City, Utah. State law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.