USE OF THE DINING ALLIANCE, INC. WEBSITE IS SUBJECT TO YOUR ADHERENCE TO THE FOLLOWING TERMS:
1. USE OF THIS WEBSITE’S CONTENT
Except as expressly provided above, nothing contained in this Website will be construed as conferring, by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Dining Alliance, Inc. or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Dining Alliance, Inc. copyright and all contents on the Website are protected by copyright. Any product, process, data, information or technology on this Website may be the subject of other intellectual property rights, all of which are reserved by Dining Alliance, Inc. and its affiliates and are not licensed hereunder.
2. USER CONDUCT
You agree to not use this Website to violate or solicit the violation of any applicable local, state, national or international law; infringe the rights of any third party, including, but not limited to, intellectual property rights and privacy or publicity rights; or interfere with or disrupt this Website, computer servers or boards accessible through this Website. If you do use this Website to commit any of the above, Dining Alliance, Inc. may, at its sole discretion, terminate your ability to use this Website.
3. MODIFICATION AND TERMINATION OF WEBSITE
Dining Alliance, Inc. reserves the right, exercisable at any time and from time to time, to modify or discontinue, temporarily or permanently, this Website (or any part of it) with or without notice. You agree that Dining Alliance, Inc. shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Website. Dining Alliance, Inc. may also make improvements and/or changes in the services described in this Website at any time without notice. However, Dining Alliance, Inc. disclaims any responsibility to update, improve, or change this Website.
4. OTHER WEBSITES AND RESOURCES
Third parties using this Website may provide links or access to other websites and resources. Because Dining Alliance, Inc. has no control over such websites and resources, you acknowledge and agree that Dining Alliance, Inc. is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Dinning Alliance, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such site or resource.
If you prefer not to receive cookies on this Website, you can set your browser to warn you before accepting cookies and you can refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by turning them off in your browser or delete cookies that have already been stored on your computer. If you have set your browser not to allow cookies, you will still be able to access this Website, provided that doing so may affect your perceived usability of this Website.
6. DISCLAIMER OF WARRANTIES
Information accessed on this Website is not exhaustive. Dining Alliance, Inc. makes reasonable efforts to include accurate and current information, whenever possible, but makes no warranties or representations as to its accuracy or completeness.
THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (a) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (b) THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (c) DINING ALLIANCE, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (d) DINING ALLIANCE, INC. MAKES NO WARRANTY THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE; (e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY BY DINING ALLIANCE, INC.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DINING ALLIANCE, INC., AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DINING ALLIANCE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY SERVICES, DATA OR INFORMATION PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEBSITE.
8. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 6 AND 7 ABOVE MAY NOT APPLY TO YOU.
9. PRIVACY TERMS
When you register as a Member of Dining Alliance, Inc., you will be asked for information such as your company name, physical address, email address and other information related to your business. Dining Alliance, Inc. may also collect information about your transactions with the Company and/or your transactions with its business affiliates, third parties, etc. Dining Alliance, Inc. automatically receives and records information its server logs from your browser, including your IP address, company cookie information (including without limitation cookies, flash cookies and beacons), and the pages you request. Dining Alliance, Inc. may use some or all of your information for the following general purposes:
· To customize the user experience of its and its affiliates’ websites
· To customize advertising and the content you see
· To offer customized features
· To improve our services
· To conduct research
Dining Alliance, Inc. may share with or sell to affiliates, advertisers, distributors, manufacturers and other third parties your non-personal information for commercial purposes with no compensation to you. Dining Alliance, Inc. may also share with affiliates, advertisers, distributors, manufacturers and other third parties in order for such parties to provide you with more useful information, superior products, or specialized services. However, Dining Alliance, Inc. does not sell, rent or otherwise provide your personal information to any third parties without your permission, other than as specified below:
· Dining Alliance, Inc. may share your personal and/or non-personal information in response to subpoenas, court orders, or legal processes, or, when necessary, to establish or exercise Company’s legal rights or defend against legal claims;
Dining Alliance, Inc. may set and access cookies on your computer to, among other things, customize the user experience. You may realize certain losses of functionality if you turn your cookies off in your browser or otherwise disable them.
12. LEGAL DISPUTES
13. MODIFICATION OF AGREEMENT