ActiveDiner Terms of Service
Welcome to ActiveDiner.com. The following are the rules ("Terms") that govern the use of ActiveDiner.com's Web site ("WebSite"). By using or visiting the WebSite, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the WebSite. ActiveDiner.com ("ActiveDiner") reserves the right to change these Terms at any time, effective immediately upon posting on the WebSite.
- RIGHTS, RESPONSIBILITIES. ActiveDiner.com grants you a non-transferable, non-exclusive license to access the WebSite and to view and download information contained at this web site, solely for your own personal, non-commercial use, subject to your ongoing compliance with all terms of this Agreement. You agree to be responsible for all access of this WebSite by your equipment or account, whether by you or others. You are also solely responsible for providing and maintaining all equipment, software and services needed to access and use the WebSite. You agree not to use the WebSite for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the WebSite or use it in any manner not expressly authorized by this Agreement. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of the WebSite. You agree not to use the WebSite to operate a service bureau or for any other use involving the processing of data of other persons or entities. You do not receive any, and ActiveDiner.com retains all, ownership rights in the WebSite. AntiSpam Policy - ActiveDiner.com strictly prohibits members from sending unsolicited mass emails or spam. Any member using spamming techniques for soliciting referrals will be immediately terminated. In addition, their mailing address will be ineligible for opening a new membership account.
- EXCLUSION OF WARRANTY, LIABILITY. The WebSite is provided to you on an "AS IS" and "WITH ALL FAULTS" basis. You assume the entire risk of loss in using the WebSite. Due to its large size and complexity, the WebSite may contain inaccuracies, omissions, errors or other defects. ActiveDiner.com and its suppliers do not warrant that the WebSite will meet your needs or expectations, that the WebSite will be error free or uninterrupted, that errors can or will be corrected, that the WebSite is reliable or timely, or that any information on the WebSite will provide any particular results or usefulness. ActiveDiner.com and its suppliers reserve the right to make changes and improvements to, or discontinue, the WebSite or any part thereof. Further, ActiveDiner.com does not represent that the WebSite is appropriate or authorized for use in all countries, states, counties or other jurisdictions; accordingly, you are responsible for compliance with all applicable laws in accessing the WebSite. ActiveDiner.com reserves the right to list any establishment which, in ActiveDiner.com's sole judgment, meets the general requirements of a dining establishment.
ActiveDiner.com AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL ActiveDiner.com OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL, OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER ActiveDiner.com OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES THAT ActiveDiner.com AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S. Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty shall not be applicable to the extent that any provision of this warranty is prohibited by any federal law, or by any state or local law which cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
- SUBMITTED INFORMATION. You agree not to submit to the WebSite any information that infringes upon or violates the privacy, rights, trademarks, copyrights or other intellectual property rights of others, anything that is illegal, defamatory, obscene, harassing, offensive, objectionable or sexually explicit, that encourages a violation of the law, that contains a virus, that is off-topic, or, without ActiveDiner.com's permission, that contains any solicitation or advertising. You agree to indemnify and hold harmless ActiveDiner.com's from any damages and costs, including without limitation court costs and attorneys' fees, arising from your use of the WebSite. By submitting information to the WebSite, you grant ActiveDiner.com's the royalty-free, perpetual, irrevocable, non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish, publicly perform, translate and distribute all or part thereof in any form and for any purpose whatsoever, and you also permit other users of the WebSite to use that information subject to the rules of the WebSite. ActiveDiner.com shall have the right, but not be obligated to, monitor the WebSite to determine users' compliance with this Agreement and applicable laws. ActiveDiner.com shall have the right in its sole discretion to not publish or remove any submitted information.
- THIRD PARTY INFORMATION. The WebSite may contain information submitted by third parties, including without limitation users and suppliers, and may also contain links to third party sites. Those third parties are solely responsible for the content, accuracy and originality of the information they submit. ActiveDiner.com has no more control over such third party content than does a public library, newsstand, or bookstore, and ActiveDiner.com is not responsible for such third party content. ActiveDiner.com does not evaluate or endorse any third party information. It is your responsibility to evaluate all information provided on the WebSite, or to obtain specific professional advice.
- MISCELLANEOUS. This is the exclusive and entire Agreement between ActiveDiner.com and you regarding its subject matter. You may not assign any part of this Agreement without ActiveDiner.com's prior written consent. This Agreement shall be governed by the internal laws of North Carolina without reference to choice of law principles. ActiveDiner.com may terminate or restrict your use of the WebSite at any time without notice if ActiveDiner.com believes you have not fully complied with this Agreement. Further, either party may terminate this Agreement at any time without cause; upon termination for any reason, your obligations under this Agreement shall continue, except that you agree to no longer access or use the WebSite. You consent to exclusive jurisdiction and venue in the courts of Forsyth County, North Carolina for all matters arising out of or related to this Agreement or the WebSite. You understand that ActiveDiner.com may comply with law enforcement requests or subpoenas regarding your use of the WebSite. ActiveDiner.com reserves the right to modify the terms of this Agreement at any time by posting the new terms on the WebSite, which modifications shall take place immediately. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any prior or subsequent breach or default. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in effect and the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that effectuates the intent of the original provision. ActiveDiner.com's suppliers, licensors, affiliates, subsidiaries, employees and agents shall be third party beneficiaries of ActiveDiner.com's rights under this Agreement. All rights not granted expressly by this Agreement are reserved.
- COPYRIGHT, TRADEMARKS. This WebSite compilation and all portions authored by ActiveDiner.com is Copyrighted Â© 1996-2007. All rights reserved. Portions of the WebSite authored by third parties who have licensed their material to ActiveDiner.com are owned by those respective third parties. You agree not to alter or remove any copyright notice or proprietary legend at WebSite.
ActiveDiner.com, is a trademark of Visionary Systems Consulting, Inc. Other products or names may be the trademarks of their respective owners.