Terms of Use
Before using this Website, please read the Terms of Use set forth below.
By using www.MenuCache.com (the “Website”),
you agree to be bound by the Terms of Use. The Menu Cache, LLC (the “Company”)
reserves the rights to update and alter the Terms of Use. Should there
be changes to our Terms of Use, we will post those changes under the appropriate
link on the "home page" of our Website so our users are always aware
of what information we collect, how we use it and under what circumstances, if
any, we disclose it. The new terms shall be effective immediately upon being
posted on the Website. It is the responsibility of each user to review the latest
terms from time to time, and if any user does not agree with any updates to the
privacy policy, such user should immediately cease use of the Website and any
purchased services.
Please read these Terms of Use carefully before using any of the services being
provided by the Company or its Website(s). By using any such services and/or
navigating through the website you are acknowledging that you have read and understand
this policy and that you agree to be bound by its terms. If you DO NOT
agree to be bound by these Terms of Use, exit this page without accessing or
using any of our services.
1. No Representations Or Warranties
The services provided on this Website and the content,
information, documents, graphics and images published
at this Website could include inaccuracies, typographical
errors or other errors. We make no commitment, however, to update what is contained
in this Website. Furthermore, the Company reserves the right to temporarily,
or permanently, modify, alter, discontinue or delete the same without prior notice.
Consequently,
To the extent permitted by law, the services and information on the Website(s)
are provided “as is,” and without warranty, and all warranties of any kind, either
express or implied, including, but not limited to, the implied warranties of
merchantability, or non-infringement, are hereby disclaimed, and you hereby waive
all such warranties.
Users of this Website should not rely upon opinions expressed at this Website
when making business, financial, personal or other decisions. Furthermore, we
do not endorse the opinions of third parties expressed on this Website or on
linked websites.
2. User Warnings
We make certain services available, including without
limitation, restaurant reviews and other community services
provided that you agree to abide by the terms and conditions
contained in these Terms of Use. Without limiting the
generality of the foregoing, in consideration for our
providing such services, you also agree not to violate
any applicable law, regulation or rule; harass, offend,
threaten, embarrass, distress or invade the privacy of any individual or entity; post
or transmit any commercial, advertising or promotional materials, including without
limitation, "spam" or mass distributions; provide false information
on your restaurant reservation requests or impersonate another person at any
point; post or transmit false, inappropriate, improper, disorderly or excessive
messages or information; or post any material that infringes upon any third
party's copyright, trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability
to you, ban you from any and all services and take any other action we deem appropriate
in our sole discretion.
With reference to any services we provide, you acknowledge that we may, from
time to time, without notice to you and at our sole discretion, establish various
practices, limitations and restrictions for administering such services, and
you agree to be bound by such practices. You agree that we are not responsible
or liable for loss of emails, communications, postings, data or information as
a result of, or arising out of, our administration of such services.
We assume no responsibility for the accuracy, integrity, quality completeness,
usefulness or value of any content, data, documents, graphics, images, information,
advice, or opinion contained in any community services, or in any other public
services, and do not endorse any advice or opinion contained therein. Except
for restaurant reviews, which we review and may edit before posting, we do not
monitor or control such services, although we reserve the right to do so. We
may take any action we deem appropriate, in our sole discretion, to maintain
the high quality of our service and to protect ourselves and others.
3. Web Site Links And Third-Party Sites
This Website may contain links to other websites that
are independent of this Website. We make no representation
or warranty as to the accuracy, value, integrity, completeness
or authenticity of the information or opinions contained
in any such linked website, and any link to another website
shall not in any manner be construed as an endorsement
by us of that website, or of the products or services
described therein.
Furthermore, these links may lead to sites or links that contain offensive and
objectionable content or which may contain dangerous computer viruses. You assume,
and we hereby disclaim, all responsibility for any of the content on these sites
or for any damage sustained by users of these sites.
4. Confidentiality
We cannot guarantee your confidential use of this site. We shall not be responsible
for any harm that you or any person may suffer as a result of a breach of confidentiality
in respect to your use of this site.
5. Security
You may have an account and password. You are responsible
for maintaining the confidentiality of your password
and account information and are fully responsible for
all conduct carried out under this password and account.
We are not liable for any loss of confidentiality or
for any damages arising from your failure to comply with
these terms. You will promptly report any unauthorized
use of your password to us.
6. Limitation of Damages
In no event will we, our officers, employees, contractors,
subcontractors, suppliers, affiliates, subsidiaries,
successors be liable to any party for any direct, indirect,
consequential, incidental, special or other indirect (including without limitation,
cost of cover) arising out of or in connection with this agreement or any services,
content or other links or linked website(s), even if We are expressly advised
of the possibility of such damages, and regardless of whether such damages arose
in contract, tort, negligence, strict liability or other legal basis.
The term “Damages” includes, without limitation, attorney fees, any lost profits,
business interruption and loss of programs or other data on your information
handling system.
7. Ownership
All right, title and interest (including all copyrights,
trademarks and other intellectual property rights) in
this Web site belong to us or our licensors. In addition,
the names, images and other indicia identifying our products
and services are our proprietary marks. All other
copyrights, trademarks and other intellectual property
rights referred to in this Website belong to their respective
owners.
8. License
Nothing contained in this Website shall be construed
as conferring any license or right, expressly, by implication,
by estoppels or otherwise, under any of our intellectual
property rights, or under any third party's intellectual
property rights, and no part of this Website may be reproduced,
republished, copied, transmitted, or distributed in any
form or by any means.
9. Indemnification
You agree to hold harmless, defend and indemnify us,
our officers, directors, employees, subsidiaries, contractor,
subcontractors, suppliers, partners and affiliates, successors
from all liabilities, claims, demands and expenses, including
reasonable attorney fees, that are due to, or that arise from your use or misuse
of this website, any services therein, or for infringement by you or others of
intellectual property rights or other rights of any third party.
10. Governing Laws in Case of Dispute
These terms shall be governed by and construed in accordance
with the laws of the state of North Carolina, USA, as
they apply to agreements made and solely performed therein. You
irrevocably consent and waive all objection to personal
jurisdiction and venue in the state and federal courts located in Wake County,
North Carolina, USA, and you shall not commence or prosecute any suit or action
except in the foregoing courts.
11. Integration; Severability; General
These Terms of Use incorporate by reference any notices
contained on this Website and constitute the entire agreement
with respect to your access to and use of this Website.
We may modify these Terms of Use at any time by posting
revised Terms of Use on our Web site and your continuing
use of such Web site and the services constitutes your
agreement to be bound by such modified Terms of Use.
Any provision of these Terms of Use which is determined
by a court of competent jurisdiction to be unenforceable
in any jurisdiction shall be severable from these Terms
of Use in that jurisdiction without in any way invalidating
the remaining provisions of these Terms of Use. The
unenforceability of any provision in a given jurisdiction
shall not make that provision unenforceable in any
other jurisdiction. Any litigation arising out of or
in connection with these Terms of Use or your use of
our services must be commenced within one year after
the cause of action arose, or it will be permanently
barred. |