Terms and Conditions
Last Updated: May 1, 2024
1. Introduction. Thank you for visiting Dining Deals (“Website”). Throughout this Website, the terms “we,” “us” and “our” refer to Dining Deals, which offers this Website to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
2. Agreement. These Terms and Conditions and our Privacy Policy (collectively “Terms of Use”) constitute a legally binding agreement between you and Dining Deals. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, and you represent and warrant that you are of legal age and not prohibited by law from accessing or using the services offered herein. If you do not agree to these Terms of Use, you may not access the Website or use any of our services.
3. Modification. We reserve the right, at our sole discretion, to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website after any modifications constitutes acceptance of the updated Terms and Conditions.
4. License. This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Website solely for your personal use. You may not use, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content from the Website without our prior written consent.
5. Site Use. By accessing and using the Website, you agree that it is your responsibility to comply with these Terms and Conditions, abide by all applicable laws and regulations, and assume responsibility for your use and the results of your use of the Website.
6. Intellectual Property. All content on the Website, including text, graphics, logos, images, and software, is the property of Dining Deals or its licensors and protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any content from the Website without our prior written consent.
7. Privacy. We respect your privacy and use commercially reasonable efforts to safeguard your personally identifiable information. Please review our Privacy Policy for more information on how we collect, use, and protect your data.
8. SMS and Auto Dialed Calls. By providing your phone number, you expressly consent to receive informational text messages and phone calls, including autodialed and pre-recorded messages, from Dining Deals. Consent is not a condition of purchase. Message and data rates may apply. You may opt-out at any time by replying “STOP” to any text message.
9. Representations and Warranties. You represent and warrant that (i) you are at least 18 years old; (ii) you have the legal capacity to enter into this agreement; (iii) you will comply with all applicable laws in your use of the Website; (iv) any information you provide is truthful and accurate; and (v) you are authorized to perform your obligations under these Terms and Conditions.
10. Disclaimer of Warranties. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DINING DEALS MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DINING DEALS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE AGGREGATE LIABILITY OF DINING DEALS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE SHALL NOT EXCEED $100.
12. Indemnification. You agree to defend, indemnify, and hold harmless Dining Deals and its affiliates, officers, directors, employees, and agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of the Website, your violation of these Terms and Conditions, or your violation of any third-party rights.
13. DMCA Notice. If you believe that any material on the Website infringes your copyright, please notify our copyright agent in accordance with the Digital Millennium Copyright Act (DMCA) by providing the information required under 17 U.S.C. § 512(c)(3) to [email protected].
14. Governing Law and Jurisdiction. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Clark County, Nevada.
15. Dispute Resolution. Any dispute arising out of or relating to these Terms and Conditions, the Website, or the services offered by Dining Deals shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in Clark County, Nevada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
16. Waiver and Severability. The failure of Dining Deals to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions shall remain in full force and effect.
17. Entire Agreement. These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and Dining Deals with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
18. Contact Us. If you have any questions about these Terms and Conditions, please contact us at [email protected].
