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| March 1st, 2004 |
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Welcome to DineOutToday, Inc.'s Website User Agreement
(User Terms of Service)
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Please read the following Website User Agreement carefully before using
this website.
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This Agreement describes the terms and conditions applicable to your
use of our website, DineOutToday.com's Restaurant and Dining Guide, a.k.a.
DineOutToday.com, hereinafter called the website, which may be updated by us
periodically without notice to you. This Website User Agreement constitutes
an agreement between you the user, and DineOutToday, Inc. If you the user do
not accept the terms of this user agreement, you should not and may not use
this website. DineOutToday Inc. may from time to time revise these terms and
conditions by updating this posting. BY USING THIS WEBSITE YOU AGREE TO BE
BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.
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| Use of Materials and Content, Restrictions, Copyrights |
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Materials in this website are copyrighted by DineOutToday, Inc., and/or
their licensors and/or advertisers or the creator of the materials.
Except as stated herein, none of the material or content of this website
may be saved, downloaded, copied or reproduced in any form including but
not limited to electronic, digital, mechanical, photocopying without
the prior written permission of DineOutToday, Inc. or the copyright
holder. All images are for viewing purposes only. No permission is given to
download and/or save any images on this website. Permission is granted
to you the user, to print the web pages on this website providing (i) you
print only one copy, (ii) the materials and content will be used
for your non-commercial personal use only, (iii) all copyright and proprietary
notices are printed on the copies, and (iv) you do not distribute the
copy in whole or in part to any third party or entity. This permission
terminates automatically if you breach any of the this agreements terms
and conditions. Additionally the material on this website is not to be
mirrored on any other server.
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| Compliance With Local Laws |
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DineOutToday, Inc. makes NO representation that the materials and
content contained in this website are legal in all jurisdictions. You the
user are responsible to ensure that viewing the content and materials in
this website is in compliance with applicable local laws.
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| Content & Material Accuracy |
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You the user acknowledge that the content and materials viewed in this
website have NOT been reviewed by DineOutToday, Inc. for completeness
or accuracy. DineOutToday, Inc., their licensors and/or advertisers are
NOT responsible for typographical errors or omissions of any kind,
including, but not limited to, prices, menus, hours, driving directions,
recipes, description, coupons, entertainment information, of any listed
and/or advertised business. The information for each restaurant is
provided for informational purposes only. You the user bear the entire risk of
using the materials and content of this website. All materials and
content on this website are subject to change, without notice.
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| Links |
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This website may provide you the user with links to third party web
sites not owned or affiliated with DineOutToday, Inc. DineOutToday, Inc.
has no control over these sites nor the content within them and does not
endorse the content of any linked web site. DineOutToday, Inc. is not responsible
for the availability of these linked web sites. Additionally,
DineOutToday Inc. shall not be held responsible or liable directly or
indirectly for any claim in connection with computer viruses, content,
materials, goods or services provided or offered on or through any of these
third party web sites or any other website that may be linked to these
third party websites.
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| Communications & Privacy (DineOutToday Inc. Privacy Policy) |
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Any material, information, form, or e-mail hereinafter called information
you the user transmit or provide to and/or through DineOutToday, Inc.,
this domain, DineOutToday, Inc.'s advertisers on this website, and/or this
website by any means will be considered non-confidential and non-proprietary.
DineOutToday Inc. does not to disclose information transmitted or
provided to us by you the user to others without your consent, except to
third parties that perform services on our behalf. You the user agree that
DineOutToday, Inc. is not responsible as to how information you provided to
and/or through DineOutToday Inc., this domain, DineOutToday, Inc.’s advertisers
on this website, and/or this website is used. You the user agree not to transmit
or provide any unlawful, threatening, libelous, defamatory, obscene,
pornographic or otherwise offensive material to DineOutToday, Inc.
or the website. |
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| Trademarks, Service Marks, Copyrights and Use of Third Party Materials |
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| DineOutToday, Inc., their advertisers, licensors and/or the provider of
the materials own all trademarks service marks and/or copyrighted
material posted on the website. No trademarks, service marks and/or
copyrighted material posted on this website may be used with out the prior
written permission of their owner. The trademarks DineOutToday.com,
is owned by DineOutToday, Inc. All other trademarks or service marks are
owned by their respective companies. Trademarks, service marks, and/or
copyrighted Materials may not be used with out the prior written permission
of their owner.
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| ALL TRADEMARKS WHETHER MARKED OR UNMARKED, ARE THE PROPERTY OF THEIR
RESPECTIVE OWNER.
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No Unlawful or Prohibited Use
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As a condition of your use of this site, you warrant and that you will not
use the site for any commercial purposes or for any purpose that is unlawful
or prohibited by these terms. Furthermore, you specifically agree NOT to
use this website to solicit the businesses listed on this website for any reason.
In addition, you agree not to use the site in any manner that could damage, disable,
overburden, or impair the site or interfere with another person's use
and enjoyment of the site. Sending unsolicited e-mail and/or making
unsolicited telephone calls to businesses listed on this website is strictly
prohibited, and a violation of the terms and conditions of the use of this website.
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Warranties
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You the user acknowledge and agree that DineOutToday, Inc. makes no
warranty that this website shall meet your requirements, or that this
website is error free or that the quality of the products or services
provided by DineOutToday, Inc. and/or its licensors, advertisers, and
vendors will meet your expectations. Additionally, you the user agree you are
solely responsible for any damage caused to your computer system or
data loss regardless of cause including but not limited to accessing and
downloading corrupt or virus containing files resulting from your use of
this website or any third party website however linked to this website.
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| Indemnity
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| You the user agree to indemnify and hold harmless DineOutToday Inc.,
its directors, officers, employees, agents, vendors, advertisers, and
clients from any claim arising from your use of this website, or your
violation of any law or your violation of the rights of any third party.
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| Liability Limitation
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| YOU THE USER AGREE THAT DineOutToday, Inc.. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES including BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR
GOODWILL ARISING OUT OF THE USE OR IN CONNECTION WITH THE USE OR ANY
OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING
NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.
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| User Representation
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You the user represents, warrant and covenant that (a) you have the
power and authority to enter into this agreement; (b) you are at least 18
years of age; and, (c) you will only use the site in accordance with
the terms and conditions contained herein.
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Severability
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Should any provisions of this Agreement be held by a court of law to be
illegal, invalid or unenforceable, the legality, validity and
enforceability of the remaining provisions of this Agreement shall not be
affected or impaired thereby.
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Waiver
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The waiver by DineOutToday, Inc. of a breach of any provision of this
Agreement by you shall not operate or be construed as a waiver of any
other or subsequent breach by you.
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Scope of Agreement
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This Website User Agreement constitutes the entire agreement between
DineOutToday, Inc. and you the user and supersedes any previous agreements
on this subject. If any part of this agreement is found to be
unenforceable for any reason, all other parts of this agreement shall remain in
effect. Any non-enforcement of this agreement by DineOutToday, Inc.
shall not be considered a waiver of rights. The laws of the State of
Florida shall govern this agreement. The State of Florida is the
exclusive jurisdiction for disputes. Venue for any disputes will be in State
court in Sarasota County, Florida or Federal Court located in Sarasota,
Florida.
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You the user agree to indemnify and hold harmless DineOutToday Inc., its directors,
officers, employees, agents, from any liability including reasonable attorneys fees
arising from or related to any purchases made on this website including
but not limited to product liability. DineOutToday, Inc. does not endorse the
seller or products advertised for sale and makes no Warranty and/or guarantee
as to the quality or safety of the items advertised for sale, the accuracy
of the advertisement and/or ability of seller to provide you with the items.
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Comments
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Forward any questions or comments regarding this website or problems
with a link to a third-party website to webmaster@dineouttoday.com
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DineOutToday, Inc.. 2100 Constitution Blvd. Sarasota, Florida 34231
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