Successful Endeavors, Inc DBA GrabaBiteMA.com has posted these Terms and Conditions for your benefit. These Terms and Conditions (“Terms”) govern the use of this website as well as the relationship between Successful Endeavors, Inc DBA GrabaBiteMA.com (“Successful Endeavors, Inc DBA GrabaBiteMA.com” or “Us”) and its customers (“you”). These Terms are binding on you and your use of the website and/or purchase of goods/services constitutes acceptance of these terms. If you do not accept these terms you must immediately leave this website or cancel your purchase of goods and/or services per the paragraph titled “Cancellation”. Successful Endeavors, Inc DBA GrabaBiteMA.com reserves the right to change, modify, update or revise these terms from time to time with our without notice to you. Please refer back to this page periodically to ensure you are up to date on the most current terms.

The use of Successful Endeavors, Inc DBA GrabaBiteMA.com website as well as any products or services may include the use of or access to third party services, data, websites, tools, products, etc (“third party offerings”). The use of those third party offerings is governed by the terms of those providers in addition to the terms of Successful Endeavors, Inc DBA GrabaBiteMA.com unless otherwise noted. Those third party terms where applicable are included in this agreement by reference.

For Subscription/Ongoing Services:
By signing up for subscription/ongoing service(s) offered by Successful Endeavors, Inc DBA GrabaBiteMA.com, you agree for Successful Endeavors, Inc DBA GrabaBiteMA.com to bill you monthly for your subscription. Some fees (such as start up charges) may be due in full at the beginning of your subscription. See details of your subscription for specific information related to your account. You agree to pay all charges in full and on time when due as specified in your bill including all taxes, fees and other charges whether incurred by you, your spouse, family members , employees or anyone else who has access to your account. You agree to provide Successful Endeavors, Inc DBA GrabaBiteMA.com with a valid credit card (Visa, MasterCard or American Express) or be billed monthly. Monthly billing is at the discretion of Successful Endeavors, Inc DBA GrabaBiteMA.com and subject to creditworthiness. In any event, regardless of the method of payment you agree that Successful Endeavors, Inc DBA GrabaBiteMA.com may run a credit check at any time or from time to time as we deem necessary to validate your creditworthiness.

For One-Time Services or Product Purchases:
You agree to pay all charges upfront and in full as specified in your bill including all taxes, fees and other charges whether incurred by you, your spouse, family members , employees or anyone else who has access to your account. You agree to provide Successful Endeavors, Inc DBA GrabaBiteMA.com with a valid credit card (Visa, MasterCard or American Express) or be billed at time of purchase. Payment must be received by us prior to commencement of service or shipment of product. In any event, regardless of the method of payment you agree that Successful Endeavors, Inc DBA GrabaBiteMA.com may run a credit check as we deem necessary to validate your creditworthiness prior to fulfilling any purchase made by you.

Late Payment and Payment Disputes:
You agree to be subject to then current billing terms in effect when each bill is issued. If you dispute any charges or bill you must notify us of your dispute of the charges within 60 days of your receipt of the bill or charges in question. Failure to do so constitutes a wavier of your right to dispute unless prohibited by law in the state where you are billed. Late payments are subject to a 1.5% per month late fee unless prohibited by law in which case you will be subject to the highest amount allowed by law in the state where you are billed.

Successful Endeavors, Inc DBA GrabaBiteMA.com may at any time agree to partial payments, scheduled payments or some other payment arrangement without limiting our rights to collect all amounts due to us. If you fail to may a payment for 60 days, your financial institution dishonors or returns for insufficient funds your check or credit card Successful Endeavors, Inc DBA GrabaBiteMA.com reserves the right to 1) disable or terminate your service and account, cancel any purchase or hold shipment as well as terminate all obligations of Successful Endeavors, Inc DBA GrabaBiteMA.com under these terms or any other agreement in effect between you and us, 2.) Charge you a $20.00 fee or next highest amount as allowed by law 3.) Refer your account to collections and charge you for any fees associated with the collections process.

You may not use the service(s) and/or product(s) for any illegal, unauthorized, unintended, unsafe, hazardous or unlawful purpose or in any manner inconsistent with these Terms. You agree to use the service(s) and/or product(s) solely for your own business or personal use, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity unless agreed to in writing by an authorized representative of Successful Endeavors, Inc DBA GrabaBiteMA.com.

Additionally, the content, logos and other information provided on our website is copyrighted material. As such, it may be viewed, copied, printed or otherwise used only for personal, non-commercial purposes. You may not use, modify, edit, copy, print, display, reproduce, alter, distribute or publish any information or content from this site without express written permission of Successful Endeavors, Inc DBA GrabaBiteMA.com.

To use the website or make purchases from Successful Endeavors, Inc DBA GrabaBiteMA.com, you agree to: (a) provide true, accurate, current and complete information about yourself when registering to use the site or make purchases. (b) maintain and promptly update your account information to keep it true, accurate, current and complete. This information, as well as certain other payment and personal information provided by you, is subject to Successful Endeavors, Inc DBA GrabaBiteMA.com Privacy Policy located at www.DinersChoice.com/ privacy policy. By continuing to use the site or by making a purchase, you agree to the terms of such Privacy Policy.

If Successful Endeavors, Inc DBA GrabaBiteMA.com suspects or has proof that your information is untrue, inaccurate, not current or incomplete, then Successful Endeavors, Inc DBA GrabaBiteMA.com reserves the right to suspend or terminate your account and refuse any and all use of the site as well as cancel any purchases both now and in the future.

You agree that any dispute, claim or controversy arising out of or relating to these terms, any purchase or to the provision of any service, shall be settled by independent arbitration involving a neutral arbitrator and administered by the American Arbitration Association (“AAA”). The arbitrator shall apply the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction. The decision of the arbitrator shall be binding upon both parties. These Terms and the performance hereunder will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of the County of Worcester, MA.

This agreement to arbitrate also requires you to arbitrate claims against other parties relating to products and/or services provided or billed to you, including third party suppliers of products, services, data and as applicable our retail dealers, if you also assert claims against us in the same proceeding.

Before filing for arbitration, you agree to provide Successful Endeavors, Inc DBA GrabaBiteMA.com with an opportunity to resolve your claim or dispute by contacting us in writing with a description of your claim or dispute to the following address: Successful Endeavors, Inc. 308 stow road Harvard, MA 01451. Further you agree to negotiate with us in good faith regarding your claim or dispute. If we are unable to resolve your claim or dispute within 30 days after receipt of your written notice, then you or Successful Endeavors, Inc DBA GrabaBiteMA.com may initiate arbitration in lieu of suing in court. You must serve our Claims Department at the 308 Stow Road listed above in order to begin arbitration proceedings. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator's fees and administrative expenses ("Fees and Expenses") You and Successful Endeavors, Inc DBA GrabaBiteMA.com agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and this Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to arbitrate, you and Successful Endeavors, Inc DBA GrabaBiteMA.com agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue in court claims limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement.

As part of your agreement to arbitration you waive any right to a class action whether in court or through arbitration. You and Successful Endeavors, Inc DBA GrabaBiteMA.com may only initiate a claim or dispute in an individual manner and not as a class member, representative or other similar capacity. The foregoing not withstanding, if a court or arbitrator decides in the course of a claim or dispute that the wavier of class action or status is invalid or unenforceable under applicable law, then the arbitration agreement is considered void and you and Successful Endeavors, Inc DBA GrabaBiteMA.com agree that such claim or dispute will be subject to a court of appropriate jurisdiction. Regardless, no claim or dispute may be brought to small claims court.

You and Successful Endeavors, Inc DBA GrabaBiteMA.com agree that should any claim or dispute be filed whether in arbitration or court (as provided above) that all parties waive their right to a jury trial to resolve the claim or dispute.

Our Right to Cancel:
Successful Endeavors, Inc DBA GrabaBiteMA.com reserves the right to cancel your web account, subscription, and/or ongoing service(s), at any time, for any or no reason and without notice and assumes no liability to you upon such cancellation, other than to provide you with a refund for prepaid, unused monthly fees for subscriptions and/or service(s), if cancellation is done without cause. In no event will Successful Endeavors, Inc DBA GrabaBiteMA.com be obligated to provide a refund if cancellation was for cause.

For Subscription/Ongoing Service(s):
You may cancel service(s) purchased up to 15 (fifteen) days after initiating service and have all prepaid funds returned minus setup charge. There is a cost to Successful Endeavors, Inc DBA GrabaBiteMA.com to set up each customer that is incurred regardless of whether the customer chooses to continue with the subscription/service or not. As such, that setup charge is non-refundable. If you wish to cancel the service after the 15 day trial period then you will pay the setup charge plus the fees for all months the subscription/service was active prior to the cancellation, prorated to the next full month if cancelled in between monthly billing dates. To cancel you must contact our Customer Service department either by email customerservice@GrabaBiteMA.com. You can also request a cancellation in writing by sending written notice to our Customer Service Department at the following address:

Successful Endeavors, Inc DBA GrabaBiteMA.com
Customer Service Dept.
308 STOW ROAD
HARVARD, MA 01451

For One-Time Service(s)/Product Purchases:
You may cancel any purchase of one-time service(s) or product(s) for a full refund prior to commencement of service(s) or shipment of product(s). After service(s) has started or product(s) has shipped you are eligible for a refund: a.) for service(s) – in the amount equal to the value of the service(s) not yet provided. b.) for product(s) – a refund of the purchase price after you have completed the Return Authorization Process outlined below. In no event will Successful Endeavors, Inc DBA GrabaBiteMA.com be liable for refunding shipping costs. To cancel a one-time service(s), you must contact our Customer Service department either by email customerservice@GrabaBiteMA.com. You can also request a cancellation in writing by sending written notice to our Customer Service Department at the following address:

Successful Endeavors, Inc DBA GrabaBiteMA.com
Customer Service Dept.
308 STOW ROAD
HARVARD, MA 01451

Return Authorization Process:
In order to return product purchased by you it is necessary to obtain a Return Authorization number (“RA”). To obtain an RA you must contact our Customer Service department either by email customerservice@GrabaBiteMA.com. You can also request a cancellation in writing by sending written notice to our Customer Service Department at the following address:

Successful Endeavors, Inc DBA GrabaBiteMA.com
Customer Service Dept.
308 STOW ROAD
HARVARD, MA 01451

The RA number must included in the box with the returned product(s) as well as be clearly marked on the outside of the box. Packages received by us without the proper RA number will be returned unopened and no refund will be issued. Returned product(s) not being returned for product failure, as determined by our Customer Service department, must be in good, working, and resalable condition to be eligible for a refund.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Successful Endeavors, Inc DBA GrabaBiteMA.com, ITS LICENSORS AND SUPPLIERS, OR AGENTS OR EMPLOYEES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON THE INFORMATION PROVIDED BY THE WEBSITE, CONTENT, SERVICE(S), PRODUCTS AND/OR THE SOFTWARE. THE ENTIRE RISK ARISING FROM YOUR USE OF OR YOUR RELIANCE ON THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S), SOFTWARE REMAINS WITH YOU.

EXCEPT FOR ANY OTHER WRITTEN WARRANTY THAT MAY BE PROVIDED BY Successful Endeavors, Inc DBA GrabaBiteMA.com. THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE ARE PROVIDED TO YOU "AS IS." Successful Endeavors, Inc DBA GrabaBiteMA.com AND ITS LICENSORS AND SUPPLIERS (AND THEIR LICENSORS AND SUPPLIERS) MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, CONTENT, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, EFFECTIVENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USE OR RESULTS TO BE OBTAINED FROM THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE, OR THAT USE OF THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) AND/OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Temporary interruptions of the website and/or service(s) may occur from time to time. Successful Endeavors, Inc DBA GrabaBiteMA.com, while exercising reasonable efforts to prevent such occurrences will in no event be liable for any financial or other damages due to such interruptions. Some States do not allow certain warranty exclusions, so to that extent the above exclusions may not apply.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Successful Endeavors, Inc DBA GrabaBiteMA.com AND ITS LICENSORS (INCLUDING THEIR LICENSORS AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM, DEMAND OR ACTION, IRRESPECTIVE OF THE NATURE OF THE CAUSE OF THE CLAIM, DEMAND OR ACTION, ALLEGING ANY LOSS, INJURY OR DAMAGES, DIRECT OR INDIRECT, WHICH MAY RESULT FROM THE USE OF THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) OR SOFTWARE; OR FOR ANY LOSS OF PROFIT, REVENUE, CONTRACTS OR SAVINGS, OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) OR SOFTWARE, ANY DEFECT IN THE WEBSITE, CONTENT, SERVICE(S), PRODUCT(S) OR SOFTWARE, OR THE BREACH OF THESE TERMS OF USE, WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF Successful Endeavors, Inc DBA GrabaBiteMA.com OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some States do not allow certain liability exclusions or damages limitations, so to that extent the above may not apply.

Subject to your compliance with these Terms and any additional agreement we may require, Successful Endeavors, Inc DBA GrabaBiteMA.com hereby grants to you a personal, non-exclusive, non-transferable license: (i) to download or otherwise copy the software purchased from Successful Endeavors, Inc DBA GrabaBiteMA.com onto your home or office Personal Computer (“PC”) and (ii) to use the software on the installed PC in order to access the application and/or use the service(s). The license limits instillation to one (1) PC and one backup copy on storage media. Additional installations require the purchase of additional licenses. This license shall terminate upon any termination of these Terms or any suspension, termination or cancellation of your access to the service(s). Except for the limited license expressly granted herein, Successful Endeavors, Inc DBA GrabaBiteMA.com shall own all right, title and interest in and to the software, including without limitation all intellectual property rights therein. You shall not reverse engineer, decompile, disassemble, translate, modify, alter or otherwise change the software, or part thereof, or otherwise attempt to derive the source code, libraries or structure of the software, without the prior express written consent of Successful Endeavors, Inc DBA GrabaBiteMA.com. You shall not remove from the software, or alter, any of Successful Endeavors, Inc DBA GrabaBiteMA.com or its third party suppliers' trademarks, trade names, logos, patent or copyright notices, or other notices or markings. You shall not distribute or otherwise transfer the software.

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold Successful Endeavors, Inc DBA GrabaBiteMA.com and its licensors (including their respective licensors, suppliers, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives of each of them) free and harmless from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, or claim of any kind or character, including but not limited to attorney's fees, expert witness fees, etc. arising out of or in connection with your use of the website, service(s), product(s), and/or software or use or possession by you of the third party offerings.

We may assign all or part of our rights or duties under the Agreement with or without notice to you and such assignment will not be considered a change to the Agreement, except to the extent provided by law. We are then released from all liability in regard to the agreement. You may not assign the Agreement without prior written consent of Successful Endeavors, Inc DBA GrabaBiteMA.com. Subject to these restrictions, the Agreement will bind the heirs, successors, subcontractors, and assigns of the respective parties, who will receive its benefits.

You agree to have all notices, customer communications and other similar information provided to you either with your bill or by email to the 308 Stow Road of the account holder on record. All such communications will be deemed received by you on the 5th (fifth) day after depositing such communications in the US mail or within 24 hours of sending such communications via email. This excludes updates to the Privacy Policy and Terms of Use where all updates will be made solely at the Successful Endeavors, Inc DBA GrabaBiteMA.com website www.GrabaBiteMA.com and you are responsible for periodically checking the website for such updates.

Each section of these terms is considered individual and independent of the others. To the extent that any such section is held invalid or unenforceable then (a) the ruling authority should construe that section to reflect the intentions of parties with regard to that section. (b) the remainder of the sections will continue in full force and effect.

Our ability to collect unpaid amounts and to pursue collections actions in a court of appropriate jurisdiction shall survive the cancellation or termination of this agreement.

By agreeing to the terms you represent that you are of legal age to enter an agreement in the United States and that you have the legal capacity to be bound by this agreement. If you are agreeing to these terms on behalf of a company then you represent that you have the legal right to obligate the company and all employee users to the terms of this agreement. Furthermore, you agree to be personally liable for all accounts and amounts due under this agreement if it should be determined that you do not have the right to enter into this agreement on behalf of the company you represent.

This agreement is subject to the laws of the State of Massachusetts and specifically excludes the UN Convention on Contracts and/or any foreign law.

If we do not enforce our rights under any section of this agreement it does not constitute a waiver of those rights. Successful Endeavors, Inc DBA GrabaBiteMA.com may choose to enforce those rights at a later time as it determines.