Terms and Conditions
Last updated September, 2018
IMPORTANT: ALL USERS MUST READ THESE TERMS
We may update these Terms & Conditions from time to time without notice to you. You agree that it is your responsibility to review the Site and these Terms & Conditions periodically to learn of any modifications. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms & Conditions.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE.
- By placing an Order, you make an offer to us to purchase the products and services you have selected based on the Restaurant.com Terms and Conditions set forth herein. Please see our sections regarding Restaurant eGift Cards, Merchant Certificates , Restaurant.com Gift Certificates, Restaurant.com Gift Cards, and Dinner of the Month Club purchases below, as well as any additional terms here.
To read the complete Restaurant.com Terms and Conditions, please see below.
In order to purchase, redeem or use any products or services through the Site, or access certain other features of the Site, you may be required to register and select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a user name a name that is subject to any rights of a person other than you without proper authorization.
You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. It is your sole responsibility to maintain the confidentiality of your password. You shall immediately notify us of any unauthorized use of your account. We reserve the right to refuse registration of, or cancel a user name, for any reason in our sole discretion.
By engaging in a transaction, including placing an order, which is your offer to us to purchase the Restaurant.com products or services, or paying for the Restaurant.com products or services you have selected, your activity is governed by these Terms & Conditions.
- 1. Definitions
As used herein:
"Promotional Certificates" refers to all Restaurant-Specific Certificates, Merchant Certificates, Restaurant.com eGift Cards and Gift Cards, Dinner of the Month Memberships and Specials by Restaurant.com, including codes or numbers associated therewith.
"Restaurant-Specific Certificates" is a promotional offer purchased or otherwise made available through the Site that can be accessed or printed and then redeemable for the offer specified on the certificate at the restaurant location or website.
"Restaurant.com Gift Cards" (whether physical or electronic) refers to store credit that is redeemable at the website identified on the Card for the specified face value amount of a Restaurant Specific Certificate or Merchant Certificate that Restaurant.com may offer at the time of redemption at the designated website.
"Merchant Certificates" is a Merchant specific promotional offer to purchase or otherwise made available through the Site that can be accessed or printed and then redeemable for the offer specified on the certificate at the Merchant location or website.
"Specials by Restaurant.com" is a promotional offer to purchase the goods or services offered which may include a Restaurant.com product and/or third party merchant product.
- 2. Pricing and Availability
- Restaurant.com does not guarantee availability of any Promotional Certificates on our Website, and reserves the right to modify or discontinue any Promotional Certificates at any time, or to add fees at any time. All Promotional Certificates are subject to change, and the pricing of Promotional Certificates may vary. Restaurant.com reserves the right to cancel any order due to an error. Participation of affiliated restaurants may also vary. Limited quantities of certain Promotional Certificates may be available and any offers are good only while supplies on the Website, or any affiliate website, last.
- 3. Restaurant.com Promotional Codes (referred to as "Promo Codes")
If you obtain a Promo Code that can be used to reduce the purchase price of a Restaurant.com Promotional Certificate, the additional following terms apply:
- Unless otherwise specified, Promo Codes only apply to Restaurant Specific Certificates and Merchant Certificates, and not to Restaurant Gift Cards or Dinner of the Month.
- Promo Codes are based off the value as stated on the Promotional Certificate or off the retail price of a Promotional Certificate as such price is posted on the Site at the time of purchase.
- Promo Codes may not be applied to previously placed orders and cannot be combined with other promotions or offers.
- We reserve the right to restrict the application of Promo Codes at any time without notice, e.g. a Promo Code may not apply to all restaurants, denominations, geography, etc.
- Promo Codes may not be applied when redeeming a Restaurant.com Gift Card.
- Promo Codes may or may not be applied automatically. You are fully responsible to review your order prior to submission to ensure that the order incorporates the Promo Code.
- 4. Terms and Conditions for All Promotional Certificates
The following provisions apply to all Promotional Certificates (i.e. Restaurant Specific Certificates, Merchant Certificates, Restaurant.com Gift Cards, and Dinner of the Month Memberships). Additional Terms and Conditions apply to each as stated herein.
- Promotional Certificates (i) have no cash value, (ii) are not redeemable for cash
- (iii) cannot be returned for a refund, (iv) may not be applied to previously placed orders, (v) cannot be combined with other promotions or offers, and (vi) are for personal (non-commercial) use only.
- The unauthorized reproduction, resale, modification, or trade of Promotional Certificates is prohibited and may result in their cancellation, and potential suspension or termination of your account.
- Restaurant.com is not responsible for lost, stolen, damaged or undeliverable Promotional Certificates, including those that may be lost in transmission.
- We do not guarantee delivery times of Promotional Certificates
- Any delivery times given are estimates only.
- Promotional Certificates have no expiration date.
- 5. Terms and Conditions for Restaurant Specific Certificates
By purchasing, using or attempting to use a Restaurant Specific Certificate, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of Restaurant Specific Certificates is the restaurant listed on the certificate, and not Restaurant.com. Any attempted purchase, redemption or use of a Restaurant Specific Certificate that violates these Terms & Conditions, including the Special Conditions, may result in the restaurant not honoring the Certificate, may render the Restaurant Specific Certificate void, and can result in suspension or termination of your Restaurant.com account.
Additional terms applicable to Restaurant Specific Certificates:
- The restaurant (and not Restaurant.com) is the issuer of the Restaurant Specific Certificate and is responsible for redeeming the Restaurant Specific Certificate. The Issuer (and not Restaurant.com) is fully responsible for all goods and services it provides to you (including, but not limited to, complying with all state and local laws, including those relating to the distribution and sale of alcohol, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Restaurant Specific Certificates) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Restaurant Specific Certificate.
- By purchasing a Restaurant Specific Certificate, you acquire the right to print the Restaurant Specific Certificate (or display it on your mobile device) and use it according to these Terms & Conditions. Your acquisition of the right to use the Restaurant Specific Certificate completes Restaurant.com’s fulfillment of the purchase. While we hope you redeem the Restaurant Specific Certificate, whether you choose to do so is within your sole control and discretion.
- Restaurant Specific Certificates are sold below their face value. The redemption of a Restaurant Specific Certificate requires additional consideration paid to the Issuer. Restaurant Specific Certificates have no value without additional consideration.
- Only one (1) Restaurant- Specific Certificate may be redeemed per party, per month, per Issuer (even if the party is seated at separate tables and/or receives more than one check.).
- We do not guarantee the availability of any particular Restaurant Specific Certificates, and reserve the right to modify all aspects of available Restaurant Specific Certificates. Participation of restaurants and merchants vary from time to time.
- Restaurant Specific Certificates may not be used for taxes, tips, shipping and handling, prior balances, merchandise or gift cards.
- Restaurant Specific Certificates are redeemable in their entirety only and may not be redeemed incrementally.
- Restaurant-Specific Certificates do not expire.
- 6. Terms and Conditions for Merchant Certificates
By purchasing, using or attempting to use a Merchant Certificate, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of Merchant Certificates is the merchant listed on the certificate, and not Restaurant.com. Any attempted purchase redemption or use of a Merchant Certificate that violates these Terms & Conditions, including the Special Conditions, may result in the Merchant not honoring the Certificate, may render the Merchant Certificate void, and can result in the suspension or termination of your Restaurant.com account.
Additional terms applicable to Restaurant Specific Certificates:
- The Merchant (and not Restaurant.com) is the issuer of the Merchant Certificate and is responsible for redeeming the Merchant Certificate. The Issuer (and not Restaurant.com) is fully responsible for all goods and services it provides to you (including, without limitation, complying with all state and local laws, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Merchant Certificates) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Merchant Certificate.
- By purchasing a Merchant Certificate, you acquire the right to use it according to these Terms & Conditions. Your acquisition of the right to use the Merchant Certificate completes Restaurant.com’s fulfillment of the purchase. While we hope you redeem the Merchant Certificate, whether you choose to do so is within your sole control and discretion.
- Merchant Certificates are sold below their face value. The redemption of a Merchant Certificate requires additional consideration paid to the Issuer. Merchant Certificates have no value without additional consideration.
- Only one (1) Merchant Certificate may be redeemed per order.
- We do not guarantee the availability of any particular Merchant Certificates, and reserve the right to modify all aspects of available Merchant Certificates. Participation of merchants varies from time to time.
- Merchant Certificates may not be used for taxes, shipping and handling, prior balances, or gift cards. Merchant Certificates are for the Merchant’s website (unless otherwise specified) and may not be used for merchandise.
- Merchant Certificates do not expire.
- 7. Terms and Conditions for Restaurant.com Gift Cards
By purchasing, using or attempting to use a Restaurant.com Gift Card (physical or electronic, or eCard), you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the Gift Card itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. Because Gift Cards may be redeemed only for Restaurant Specific Certificates or Merchant Certificates, we suggest that you also review those portions of these Terms & Conditions. Any attempted purchase, redemption or use of a Restaurant.com Gift Card that violates these Terms & Conditions may render the Gift Card void, and can result in the suspension or termination of your Restaurant.com account.
Additional terms applicable to Restaurant.com Gift Cards:
- You must create an account and register in order to redeem a Restaurant.com Gift Card (see Section I).
- Restaurant.com Gift Cards may be redeemed at the Site identified on the Gift Card for the specified face value amount of a Restaurant Specific Certificate or Merchant Certificate that Restaurant.com may offer for redemption at the time of redemption.
- Restaurant.com Gift Cards have no additional fees.
- Restaurant.com Gift Cards have no expiration date.
- 8. Dinner of the Month Club Terms and Conditions
Dinner of the Month Club membership entitles the designated recipient to receive the specified quantity and face value of Gift Cards during the membership period. The additional terms for Gift Cards also apply to Dinner of the Month Club memberships. We suggest that you to review the Gift Cards portion of these Terms & Conditions.
Additional terms applicable to Dinner of the Month Club memberships:
- The designated recipient will receive his or her Gift Card shortly after the membership is activated. Currently, we deliver subsequent Gift Card monthly. However, we do not guarantee a particular delivery date and reserve the right to change our delivery schedule at any time without notice.
- We do not guarantee the availability of any particular Restaurant Specific Certificate. In addition, we reserve the right to restrict the Restaurant Specific Certificates that are available through the Dinner of the Month Club at any time without notice.
- Dinner of the Month Club memberships are not refundable. However, the purchaser may terminate the membership at any time by sending an email to Customer Service at email@example.com or by calling 1-800-979-8985 during regular Customer Service hours. Within thirty days of cancellation, we will send you one Gift Card containing the value of all Gift Cards remaining in your membership reduced by the value of the bonus Gift Card received with the membership activation.
- 9. Specials by Restaurant.com
By purchasing, using or attempting to use a Specials by Restaurant.com offer, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time or purchase(the "Special Instructions"). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The additional terms applicable to the goods and services offered within the Specials by Restaurant.com shall also apply, e.g. Restaurant.com Gift Cards, Merchant Certificates, etc. Any attempted purchase redemption or use of a Specials by Restaurant.com that violates these Terms & Conditions, including the Special Conditions, may result in the Restaurant.com and/or the Merchant not honoring the Certificate, may render the Specials by Restaurant.com void, and can result in the suspension or termination of your Restaurant.com account.
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- 1. Your Use of the Site
You acknowledge that, although the Internet is often a secure environment, sometimes
there are interruptions in service or events that are beyond the control of Restaurant.com,
and Restaurant.com shall not be responsible for any data lost while transmitting
information on the Internet. While it is Restaurant.com’s objective is to make the
Site accessible 24 hours per day, 7 days per week, the Website may be unavailable
from time to time for any reason including, without limitation, routine maintenance.
Restaurant.com shall have the right at any time to change or discontinue any aspect or feature of Restaurant.com, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use.
Without limiting the generality of any other provisions of these Terms & Conditions, you may not:
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or any Restaurant.com Content or User Content (Restaurant.com Content and User Content, collectively, “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion of the Site or any Content, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means;
- reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other Site user;
- use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site;
- remove any copyright, trademark, or other proprietary rights notice contained in or on the Site;
- use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with Restaurant.com; or
- use the Site or any Content for any purpose that is unlawful or prohibited by these Terms & Conditions.
- 2. Content; Ownership
Restaurant.com Content. “Restaurant.com Content” means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site other than User Content (defined below) including but not limited to the Site as a collective work, the design, structure arrangement and “look and feel” of the Restaurant.com Content. Restaurant.com Content is owned by or licensed to Restaurant.com and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms & Conditions, no Restaurant.com Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms & Conditions shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.
User Content. “User Content” means any content, including any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including social media, Facebook, survey responses and Ratings and Reviews. User Content does not include any Restaurant.com Content. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.
License to Restaurant.com: You are solely responsible for your User Content. By providing User Content you hereby grant, and represent, and warrant that you have all rights and authority necessary to grant, (i) Restaurant.com and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these Terms & Conditions, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all moral rights you may have in or with respect to any User Content you provide to us.
If you submit any idea or expression of ideas within your User Content (an “Idea”), you further agree as follows:
- to the best of your knowledge, the Idea represents your original work, you have all necessary rights to disclose the Idea to us and doing so, and our use of the Idea, will not infringe upon any third party;
- your disclosure of your Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;
- we have no obligation, whether express or implied, to develop or use your Idea and no compensation is due to you or anyone else for any use of that Idea, related Ideas, or ideas derived from your Idea; and
- Except to the extent these terms are superseded by a separate written agreement signed by you and Restaurant.com, you hereby irrevocably release and discharge Restaurant.com and its affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which you now have or hereafter may have against Restaurant.com and its affiliates with respect to the Idea.
Restrictions on User Content: Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that:
- is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
- promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
- is false, misleading, or defamatory;
- is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
- provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission of the subject of such personal data (including any photos of any children under the age of 13 without the express permission of the child’s parent or guardian);
- involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
- falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
- contains restricted or password-only access pages or hidden pages or images;
- involves commercial activities or sales without our express prior written consent; or
- involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Restaurant.com’s or any third party web provider’s servers, computers, or networks.
We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content (such as positive User Content).
The foregoing provisions apply equally to and are for the benefit of Restaurant.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- 3. Copyright and Trademarks
Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein.
The foregoing provisions apply equally to and are for the benefit of Restaurant.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- 4. Disclaimer of Warranty; Limitation of Liability.
THE SITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE PROVIDED OR MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION OR ERROR, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. YOUR USE OF THE SITE AND OF ANY CONTENT, WHETHER RESTAURANT.COM CONTENT OR USER CONTENT, IS ENTIRELY AT YOUR OWN RISK.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR,CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBLITY OF SUCH DAMAGES.
- 5. Privacy.
- 6. Rewards Program
For more information see Restaurant.com Rewards Program.
- 7. Indemnification.
You agree to defend, indemnify, and hold Restaurant.com and Our Affiliates harmless from and against any demands, loss, liability, claims, damages or expenses (including reasonable attorneys’ fees and costs), made against us by any third party due to, arising out of, or related to (i) your access to the Site, (ii) your use of the Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms & Conditions, (vi) any use of your user name by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person
- 8. Termination.
In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of these Terms & Conditions or for any other reason whatsoever.
- 9. Links.
We may provide links to third party websites. We do not recommend or endorse the content of any third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website. Unless you have executed a written agreement with Restaurant.com expressly permitting you to do so, you may link to the Site.
- 10. Notices
We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via email.
- 11. Individual Arbitration, No Class Action Claims
To begin an arbitration proceeding, you must send a letter requesting arbitration, including a description of your claim, to our registered agent. We will pay all filing, administration and arbitration fees for claims totaling less than $10,000, unless the arbitrator determines that the dispute was frivolous. For larger claims, payment of those fees will be governed by the AAA’s fees schedule for Consumer Arbitration Costs. Either of us may be able to recover attorney’s fees in arbitration as if the dispute were in court as available under applicable law. The arbitration will be conducted solely based on written submissions unless the arbitrator determines that a telephone or in-person hearing is necessary. A decision by the arbitrator (including all findings of fact and conclusions of law) shall be confidential unless otherwise required to be disclosed by law. A decision may also not be used in any litigation or arbitration involving any other person.
Notwithstanding anything to this contrary in this section, each of us may bring a suit in court where otherwise stated, including to enjoin, infringement, unauthorized access or improper use of computer networks, customer data, misappropriation or theft of intellectual property, or other violation of your obligations under Section III.1 (Your use of the Site), Section III.2 (Content: Ownership), or Section III.3 (Copyright and Trademarks) of these Terms.
All arbitration proceedings shall be individual arbitration. You expressly agree that no other claims may be joined with your claims. You further agree that you have voluntarily waived the right to file or join a lawsuit in state or federal court, a right to a jury trial, and the right to file or join a class action lawsuit, and expressly acknowledge that the parties reject class arbitration. Neither you nor we shall be entitled to join, sue on behalf of a putative class or consolidated claims, or arbitrate any claim as a representative or in a class action.
If any part of this Section of this Agreement, with the exception of the waiver of class action or class arbitration, is deemed invalid or unenforceable by any arbitrator or court, that provision shall be severed and the balance of this Agreement shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not included. If the class action or class arbitration waiver is found to unenforceable, then the entire arbitration provision shall be null and void.
The location of any dispute resolution, by arbitration or litigation, shall be in Chicago, Illinois. Similarly, any action to enforcement an arbitration award must be brought in the state courts of the State of Illinois located in Chicago, Illinois. You irrevocably consent to the jurisdiction of such courts.
- 12. Governing Law, International Use
These Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such jurisdiction or venue.
Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.
- 13. Entire Agreement
These Terms & Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
- 14. Waiver.
Any failure by Restaurant.com to enforce or exercise any provisions of these Terms & Conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
- 15. Attorneys’ and Accountants’ Fees
In any action to enforce these Terms & Conditions, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs, in addition to such other damages as may be awarded.
- 16. Digital Millennium Copyright Act
If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital Millennium copyright Act by providing the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
The address of our copyright agent for notice of claims of copyright infringement on the Site is as follows:
1500 West Shure Drive
Arlington Heights, Illinois 60004
Attention: General Counsel
- 17. Miscellaneous.
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect
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You may use the Site solely for your personal, non-commercial use. Your use of the Site is subject to all applicable laws and regulations.