This Terms of Service Agreement (hereinafter "Agreement") sets forth the contractual agreement between DineRank.com (referred to collectively as "DineRank.com", "service", "we", "us", "our", and the "Website") and you (referred to herein collectively as "you," "your", "user", "member", and "customer"), regarding your access and use of the DineRank.com website.
The following are the terms and conditions applicable to your access and use of the Website and the services offered by DineRank.com. The terms and conditions also apply to any new services which may be offered by the Website in the future.
Your use of our services indicates your agreement to abide by our most recent Terms of Service Agreement as displayed on this website.
The Website and all related services offered through DineRank.com are offered to you conditioned on your acceptance without any modification to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not authorized to view or use this website.
From time to time, we may revise this Agreement, so please be sure to periodically check the date of the last revision, which will be noted at the top of this page. By visiting the Website, you are acknowledging and accepting this Agreement. Your continued use of the Website after changes have been posted to the Agreement will constitute your acceptance of any such changes.
You must read and accept and/or comply with all applicable policies made available to you by the Website. These applicable policies are incorporated into, and form a part of, this Agreement.
Acceptable Use Policy
As consideration for use of the Website pursuant to this Agreement, you agree to the following stipulations relating to acceptable use of the Website. You agree not to use the Website to:
- Use DineRank.com in any unlawful manner or in any other manner that could damage, disable, or impair the Website;
- Use manual or automated software, devices, or other processes to crawl, spider, harvest, or scrape any page or content from the Website;
- Post, upload, transmit, share, store, or otherwise make available any content that we deem to be unlawful, infringing, defamatory, discriminatory, harmful, threatening, abusive, inflammatory, libelous, harassing, vulgar, obscene, offensive, profane, pornographic, erotic, sexual, drug-related, deceptive, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- Post, upload, transmit, share, store, or otherwise make publicly available on DineRank.com any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
- Post, upload, share, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Post, upload, transmit, share, store, or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Post, upload, transmit, share, store, or otherwise make available content that, in the sole judgment of DineRank.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose DineRank.com or its users to any harm or liability of any type;
- Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- Solicit a user to use and/or join another website or service which may adversely affect DineRank.com or any of its members.
- Use or attempt to use another user's account, service or system without authorization from DineRank.com, or create a false identity on DineRank.com;
- Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- Intimidate or harass another user of the Website.
DineRank.com may suspend, terminate, cancel, or delete any and all services and your account for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination of your account, your right to use the Website and DineRank.com's services will immediately end. The provisions in this Agreement that by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You are responsible for choosing and safeguarding the password you use to access DineRank.com and for any activities or use under your password. DineRank.com encourages the use of "strong passwords" i.e., passwords that have a combination of numbers, symbols, and upper and lower case letters. DineRank.com shall not be liable for any loss or damage arising from your choice of a password.
Customer agrees to pay for all products and services ordered through the DineRank.com website using the payment method indicated and provides DineRank.com express authorization to charge said fees to their payment provider. Fees owed depend on the specific type and quantity of DineRank.com products, services, memberships, or deliverables (collectively "Deliverables") ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, DineRank.com may immediately cease to provide any and all Deliverables to the Customer. The fees paid for Deliverables are non-refundable, regardless of whether the Deliverables are terminated prior to the end of the current term. Customer may cancel or downgrade their Deliverables at any time using the options described in the Help section of the Website. DineRank.com reserves the right to change its fees or billing methods at any time. DineRank.com will provide timely notice to the affected Customers of any such changes. It is the Customer's responsibility to promptly provide DineRank.com with any contact or billing information changes or updates (including email address, credit card numbers, etc.).
- DineRank.com does not endorse any information posted by users and we are not liable for any such information posted on our website, including but not limited to any information posted about you, or any information you rely upon in entering into any dealings with another user. Other users' information or postings may be negative, offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled, and you agree that DineRank.com shall have no liability for such information or postings. Information on the DineRank.com website is provided "AS IS" "WHERE IS," and may contain errors.
- DineRank.com reserves the right to take any action with respect to information posted on our website that we believe is appropriate in our sole discretion with respect to such information, including but not limited to, removing any information and/or termination of this Agreement.
- DineRank.com provides links to other websites as part of various services and content on this website. The links include those submitted by the users of this website. These links will allow you to leave this website. These websites are independent from DineRank.com and DineRank.com has no control over the content of any such websites. DineRank.com is NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external websites. DineRank.com makes no representations whatsoever about any website that you may access through DineRank.com.
- You understand and agree that by DineRank.com providing a link to an external website (any website outside the DineRank.com domain), DineRank.com DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such websites. You also understand that it is solely your responsibility to make sure that any external website you may access through the DineRank.com website or services is free from any content of destructive nature including but not limited to robots, viruses, trojans, and worms. DineRank.com is not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other websites. DINERANK.COM WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER NATURE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
Relationship of Parties
Your relationship and correspondence with any third party you encounter through your use of the Website, including the delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree not to hold DineRank.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
The Website and all intellectual property rights related to the Website, including but not limited to copyrights, trademarks, service marks, and any feedback left by users on the Website, are owned or licensed by DineRank.com, and all right, title, and interest in the Website and the related intellectual property rights remain the property of DineRank.com. You may not reproduce, reverse engineer, decompile, disassemble, modify, or create derivative works with respect to the Website or any related intellectual property, including any services provided via the Website.
Risk, Error Disclaimer
DineRank.com makes reasonable efforts to run its services without errors or inaccuracies on its website, but it makes no representations as to the accuracy, completeness, error free nature of services/material, or timeliness, and you should not rely upon it. By using DineRank.com website you agree that its information and services are provided "as is" "where is" without warranty, express or implied of any kind. DineRank.com does not take any responsibility or liability for any content available through any links from the DineRank.com website. YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK. DineRank.com is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our website.
Protection of Copyrights and Trademarks
The Website contains trademarks and other material furnished by DineRank.com, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Website that was not furnished or received by you (such as images, photographs, illustrations, text, and other materials) ("Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any of the Content in any way for any public or commercial purpose without prior written consent of DineRank.com or the rights holder. You may not use the Content on any other website or in a networked computer environment for any purpose except your own personal viewing.
Notice and Procedure for Making Claims of Copyright Infringement
DineRank.com respects the intellectual property of others. Upon receipt of notices of alleged infringement complying or substantially complying with the Digital Millennium Copyright Act ("DMCA"), DineRank.com may remove or disable access to any material claimed to be infringing.
Notification of Alleged Copyright Infringement
If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide DineRank.com's Designated Agent with substantially the following information pursuant to the DMCA:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that you claim has been infringed;
- Information sufficient for us to identify the copyrighted work(s) that you claim has been infringed;
- Information sufficient for us to identify where the material that you claim is infringing is located on the DineRank.com website, with enough detail that we may find it on the Website;
- Your email address, telephone number, and address;
- A statement by you that you have a good faith belief that the complained of use is not authorized by the copyright owner, its agent, or the law; and
- 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.
DineRank.com's Designated Agent for notice of claims of copyright infringement can be reached as follows:
Attn: DMCA Agent
P.O. Box 43592
Louisville, Kentucky 40253
If you believe your own copyrighted work has been removed from our Website because of a mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to the DMCA. To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification of the alleged copyright infringement or an agent of such person.
DineRank.com's Designated Agent for counter notification under the DMCA can be reached as follows:
Attn: DMCA Agent
P.O. Box 43592
Louisville, Kentucky 40253
DineRank.com is not directed toward children under age 13 and we do not knowingly collect information from children under age 13. If you are under 13, please do not submit any personally identifiable information to DineRank.com.
Children Online Protection Act Notification
Pursuant to 47 U.S.C. Section 230 (d) as amended, we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at ParentalSoftware.org's website, http://www.parentalsoftware.org.
You shall not sell, transfer, or assign this Agreement without the prior written consent of DineRank.com. Any unauthorized transfer or assignment shall be null and void; provided, however, that any such assignment shall not relieve user of its obligations under this Agreement. DineRank.com has the right to transfer or assign this Agreement to any other person or entity without your consent.
Modification of Service
DineRank.com reserves the right to modify, add, or remove any and all content, services, and features of the Website at any time without prior notice. You agree that DineRank.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any content contained on the Website.
Warranties and Disclaimers
- The services provided by DineRank.com are "as is," "where is."
You represent that you have the right and/or full corporate power and authority to enter into this Agreement.
DINERANK.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY DINERANK.COM UNDER THIS AGREEMENT.
IN ADDITION, DINERANK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE RELIABILITY, ACCURACY, ADEQUACY, COMPLETENESS, QUALITY, OR IDENTITY OF ANY DATA, CONTENT, OR PERSON ON OUR WEBSITE, NOR DOES DINERANK.COM MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE RELIABILITY, ACCURACY, ADEQUACY, COMPLETENESS, QUALITY, OR IDENTITY OF ANY POSTINGS MADE ON THE WEBSITE BY ANYONE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DINERANK.COM, ITS AFFILIATES, OR ANYONE INVOLVED IN ADMINISTERING, DISTRIBUTING OR PROVIDING SERVICES FOR THE WEBSITE, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR LOST PROFITS OR DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE DINERANK.COM'S SERVICES, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DINERANK.COM RECORDS, PROGRAMS OR SERVICES, EVEN IF DINERANK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, DINERANK.COM LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU GRANT DINERANK.COM ALL RIGHTS TO DELETE, RE-USE OR USE IN ANY WAY THE DATA, INFORMATION OR ANY OTHER MATERIAL (ELECTRONIC OR NON-ELECTRONIC) THAT IS SENT BY YOU TO OUR WEBSITE THROUGH ANY OR ALL OF OUR SERVICES. YOU AGREE THAT YOU ARE GRANTING FULL, NON-REVOCABLE, ROYALTY FREE RIGHTS TO ANY MATERIAL POSTED BY YOU TO OUR WEBSITE.
You agree that you shall indemnify, defend, and hold harmless DineRank.com and its officers, directors, employees, agents, owners, and shareholders from and against any costs, expenses (including, among other expenses, reasonable attorneys' fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect, or punitive damages), suits, claims, or liabilities incurred and arising from or relating to: 1) your use of the Website of DineRank.com's services; 2) content you submit, post to, or transmit through the Website; or 3) your violation of any of the terms of this Agreement, any applicable laws, or the rights of any Third Party.
Interpretation and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Kentucky. You consent to jurisdiction in the federal and state courts within Jefferson County, Kentucky, for any action arising out of or relating to your use of the Website or DineRank.com's services. The federal and state courts of Jefferson County, Kentucky, shall have exclusive jurisdiction over all such actions. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.
The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersede any prior oral or written communications relating to this subject.