| Terms
of Use Important Legal Notices
Before using this Web site, please read the Terms
of Use set forth below.
By
using this Web site, you agree to be bound by the
Terms of Use.TemeculaRestaurants.com, and its affiliates
and subsidiaries ("We" or such conjugation
thereof as the context may require) reserve the right
to review and revise the Terms of Use from time to
time without prior notice and, by using this site
subsequent to any revision of the Terms of Use, you
agree to be bound by such changes. If you find the
Terms of Use to be unacceptable, you must immediately
terminate your use of this Web site.
1. No Representations Or Warranties
The
services provided on this Web site and the content,
information, documents, graphics and images published
at this Web site could include inaccuracies, typographical
errors or other errors. We make no commitment, however,
to update what is contained in this Web site. Furthermore,
we reserve 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 THIS WEB SITE 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, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE
HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users
of this Web site should not rely upon opinions expressed
at this Web site when making business, financial,
personal or other decisions. Furthermore, we do not
endorse the opinions of third parties expressed on
this Web site or on linked Web sites.
2. User Warnings/User Conduct
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 reviews 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, reservations,
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
Web site may contain links to other Web sites that
are independent of this Web site. 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 Web site, and
any link to another Web site shall not in any manner
be construed as an endorsement by us of that Web site,
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, AGENTS, AFFILIATES, SUBSIDIARIES,
SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, 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 MATERIALS
PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER
LINKS OR LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS
OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING
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. YOU ACKNOWLEDGE THAT THE ECONOMIC
TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION
OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT
INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE
AND OTHER CONTENT AND MATERIALS.
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.
A partial list of trademarks owned by us is set forth
in Section 14 of these Terms of Use. All other copyrights,
trademarks and other intellectual property rights
referred to in this Web site belong to their respective
owners.
8.
License
Nothing
contained in this Web site shall be construed as conferring
any license or right, expressly, by implication, by
us or otherwise, under any of our intellectual property
rights, or under any third party's intellectual property
rights, and no part of this Web site may be reproduced,
republished, copied, transmitted, or distributed in
any form or by any means with out
.
9. Claims of Copyright Infringement
TemeculaRestaurants.com, respects the intellectual
property of others and may, in appropriate circumstances
and at its discretion, terminate the accounts of users
who infringe the intellectual property rights of others.
If you believe that any material on this Web site
infringes on any copyright that you own or control,
or that any link on this Web site directs you to another
Web site that contains material that infringes on
any copyright that you own or control, you may notify
us by providing its copyright agent the information
required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright
Act, 17 U.S.C § 512.
10.
Indemnification
YOU
AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR
OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS,
SUBCONTRACTORS, SUPPLIERS, AGENTS, PARTNERS AND AFFILIATES,
SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS,
DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS'
FEES, THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE
OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR FOR
INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY
RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME
EXCLUSIVE CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT
TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE
WITH US IN SUCH EVENT.
11.
Governing Laws in Case of Dispute
THESE
TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA,
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 RIVERSIDE COUNTY, CALIFORNIA,
USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT
OR ACTION EXCEPT IN THE FOREGOING COURTS.
12.
International Use
We
do not represent that all content, materials and services
on our Web site are appropriate or available for use
in all geographic locations, especially some locations
outside the United States, and accessing such from
certain locations may be illegal and prohibited. Those
who do access content, materials and services from
such locations act on their own initiative and we
are not responsible for their compliance with local
laws or other applicable laws. You will not access
the foregoing where prohibited by law.
13.
Integration; Severability; General
These
Terms of Use incorporate by reference any notices
contained on this Web site and constitute the entire
agreement with respect to your access to and use of
this Web site. 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 (1) year after the cause of
action arose, or it will be permanently barred.
14.
Trademarks
For
a complete and current list of the trademarks and
service marks owned by TemeculaRestaurants.com., please
send an email
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