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:

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 of price verification, volume allowances, opportunity analysis and any further purposes for which DineXpert uses such data as outlined in these Terms and Conditions. 

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. 

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.  

Member acknowledges and agrees that DineXpert may aggregate purchasing data collected from the Members and use 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. 

Member agrees to pay to DineXpert applicable fees for account setup and annual membership.  Applicant agrees to and acknowledges that DineXpert may also earn a portion of any rebate from certain program providers based upon spend through the DineXpert Membership Benefits. 

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. 

In the event of any controversy or claim arising out of or relating to this agreement, or a breech 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.