Terms Of Service | EverythingDining.com

Everything Dining Online (“EVERYTHING DINING Online” or “EverythingDining.com”), is composed of the Everything Dining website, and offers listings, reviews, and ratings. None of the views expressed or opinions reflect that of the site itself, or of the company "Everything Dining". Everything Dining, collectively owns these sites. Your use of "Everything Dining" Online is subject at all times to our Terms of Service, and our Privacy Policy. Your "Everything Dining" Online member account (“Account”) and all of our services, activities and advertising, regardless of when they are added to "Everything Dining", are governed by our Terms of Service. Our website is always evolving, so it's important that you periodically check here (http://www.EverythingDining.com/tos.php) for updates and new information. "Everything Dining" may update or revise the Terms of Service at any time. If we revise the Terms of Service, such revision shall be effective thirty (30) days after posting the new Terms of Service on http://www.EverythingDining.com/tos.php. You agree to review the Terms of Service periodically to become aware of such revisions. You can view the Terms of Service at any time by going to http://www.EverythingDining.com/tos.php. Your continued use of the Service thirty (30) days after a revised Terms of Service is posted on Everything Dining will mean that you accept all such revisions. If you don't agree to the changes, or to any of the terms in this Terms of Service, your only remedy is not to use Everything Dining Online and to cancel any Account or services you have signed up for. If you violate our Terms of Service, we may issue you a warning about the violation, or we may choose to immediately terminate any and all accounts that you have established. You acknowledge that "Everything Dining" is not required to provide you notice before terminating your Account, but it may choose to do so. The Terms of Service and any posted details regarding a particular business, constitutes the entire agreement between you and Everything Dining regarding your rights and obligations in your use of the Service. If there is any conflict between the Terms of Service and any other rules or instructions posted on http://www.EverythingDining.com/tos.php, "Everything Dining" shall resolve the conflict in its sole discretion. If you have questions about the Terms of Service, please contact us by sending an email to Admin@EverythingDining.com

1. Everything Dining ONLINE ACCOUNT REGISTRATION.

When you complete an Everything Dining Online registration process, you create an Everything Dining Online Account and become an Everything Dining Online Member (“Member”). Your Account allows you to participate in advertising campaigns Online. To create an Account, you must select an "Everything Dining" e-mail address and provide an alternate e-mail contact. Your "Everything Dining" e-mail address becomes your online identity. You may not use an e-mail address that is used by someone else, and your e-mail cannot be vulgar, or otherwise offensive, or be used in any way that violates the Terms of Service. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your Everything Dining Online Account. You are solely responsible for all activity and updates on your Account and for the security of your computer system. You agree to indemnify and hold "Everything Dining" harmless for any improper or illegal use of your Account. This includes illegal or improper use by someone to whom you have given permission to use your "Everything Dining" e-mail address provided by "Everything Dining". Your Account is at risk if you let someone use it inappropriately and your Account in any of our services is subject to termination if you or anyone using your Account violates our Terms of Service. If your Account is terminated, you may not join Everything Dining Online again without our express permission. If you wish to rejoin the service, please contact Admin@everythingDining.com. YOUR SUBSCRIPTION FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. Everything Dining reserves the right to change our fees or billing methods at any time and Everything Dining will provide notice of any such change at least thirty (30) days in advance. All changes will be posted on "Everything Dining" Online and you are responsible for reviewing the billing section of Everything Dining Online to obtain timely notice of such changes. Your continued use of the Service of thirty (30) days after posting of the changes on Everything Dining Online means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Everything Dining will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of our services is subject to use or sales tax, then Everything Dining may not charge you for any such taxes, in addition to the subscription or other fees published in the billing section of Everything Dining Online. A. Payment Options. You may pay for subscriptions by Credit Card via PayPal.com. Subscriptions paid by Credit Card via PayPal will automatically renew, unless you affirmatively cancel your subscription. For further information or questions please refer to Info@EverythingDining.com Credit Card You may use a credit card to pay for your subscription(s). When you provide credit card information to Everything Dining, you represent to Everything Dining that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have an "Everything Dining Online Account, you agree and reaffirm that Everything Dining is authorized to charge your credit card for the subscription fee. You agree to promptly notify Everything Dining of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Everything Dining if your credit card expires or is canceled for any reason. As the Account holder, you are responsible for all charges incurred. This means that, unless your account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account. B. Fees Charged By Third-Party Sites And Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Everything Dining.com. Everything Dining may also provide access to or through third-party vendors, who provide content, goods and or services on "Everything Dining" Online, the Internet or via wireless. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. Termination Of Account. Everything Dining and you both have the right to terminate or cancel your Account or a particular subscription at any time. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with "Everything Dining" Online. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Terms of Service or Everything Dining's enforcement or application of this Agreement; (2) the Content available through "Everything Dining" Online or any change in Content provided through Everything Dining Online; (3) your ability to access and/or use Everything Dining Online; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. You can cancel your Account or a particular subscription by delivering notice to Everything Dining Online's Customer Service Department at Admin@EverythingDining.com, or by accessing your user area control panel. Everything Dining reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a particular subscription. In addition, you are responsible for any charges incurred before your cancellation. In the event that your Account or a particular subscription is terminated or canceled, no refund will be granted; no online time will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or anything within Everything Dining Online associated with it. Active Everything Dining Online Account holders may not allow former Account holders whose Account has been terminated by Everything Dining Online to use their Accounts. Any delinquent or unpaid Accounts or Accounts with unresolved issues with Everything Dining Online must be settled before Everything Dining Online may allow you to register again.

2. ONLINE CONTENT.

By "Content," we mean the software, communications, images, sounds, and all the material and information you see on our Service. Everything Dining, our Members, our affiliates, and our independent content providers provide most of the Content on Everything Dining Online. Everything Dining does not pre-screen all content. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Everything Dining Online. Content standards may vary depending on where you are on Everything Dining Online. If you post an item on your listing, you will be held responsible for providing such. If you encounter something you don't want to see, you can report it to Admin@EverythingDining.com. Everything Dining does not assume any responsibility or liability for Content that is generated by Members or other guests on Everything Dining Online. We reserve the right to remove Content that is objectionable to us for any reason. This determination is in our sole discretion, and is final. Everything Dining does not assume any liability for any failure to remove, or any delay in removing, Content. If we removed Content that you created, we may send you a warning. If it's a serious offense or you've violated our rules before, we may terminate your Account. YOU FURTHER AGREE THAT THESE RULES WILL APPLY TO ANYONE THAT YOU ALLOW TO USE YOUR SERVICE ACCOUNT OR USER ID, AND THAT YOU ARE PERSONALLY RESPONSIBLE FOR THE CONSEQUENCES (INCLUDING TERMINATION OF YOUR ACCOUNT) THAT MAY RESULT IF ANY SUCH PERSON BREAKS THESE RULES. THESE RULES MAY BE CHANGED, AND NEW RULES MAY BE ADDED, AT ANY TIME. YOU AGREE TO CHECK THE WEB SITE TERMS OF SERVICE FROM TIME TO TIME TO REVIEW ANY RULE CHANGES THAT WE MAY HAVE MADE. Public Nature of Communications. You acknowledge that personal information that you communicate on this Service may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any personal information about yourself in your public communications on our Service. Everything Dining Inc. is not responsible for information that you choose to communicate to other users on the Service, or for the actions of other users. Once you post or send any Content to Everything Dining Online, you expressly grant Everything Dining Inc. the complete and irrevocable right to quote, re-post, use, reproduce, modify, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the Content in any form, anywhere, with or without attribution to your account name in Everything Dining Inc's discretion, and without any notice or compensation to you of any kind. Commercial Activity and Unsolicited E-mail. You may not advertise any goods or services outside of the goods or services your restaurant provides. Chain letters and pyramid schemes are not allowed. You may not use any area of Everything Dining Online to collect information, including login names, about Everything Dining Online Members, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not exploit Everything Dining Inc., or any services offered on Everything Dining Online for any commercial purpose. Any violation of these provisions can subject your Online Account(s) to immediate termination and further legal action. Use of Machines, Computers, Scripts. The use of machines, automated computers, scripts or any automated system on Everything Dining Online is strictly prohibited and may result in criminal liability under the Computer Fraud and Abuse Act, Section 1030 of the United States Code. Proprietary Rights; Copyrights and Trademarks. Much of the Content available on Everything Dining Online is owned by Everything Dining Inc., and is protected by copyrights, trademarks, and other intellectual property rights. You shall not copy or download any Content from Everything Dining Online unless we have expressly authorized you to do so. You must have the legal right to upload any Content to Everything Dining Online before you do so. You shall not copy, transmit, modify, distribute, show in public or in private, modify or create any derivative works from the Content you find on Everything Dining Online, unless Everything Dining Inc. expressly authorizes you to do so in writing. Making unauthorized copies of any Content found on Everything Dining Online can lead to the termination of your Online Account(s) and may subject you to further legal action. Similarly, other content owners may take criminal or civil action against you. In that event, you agree to indemnify and hold harmless Everything Dining Inc. and its subsidiaries, affiliates, related companies, employees, officers, directors and agents. NEITHER EVERYTHING DINING NOR ITS LICENSORS HAVE ANY LIABILITY OF ANY KIND OR NATURE IN CONNECTION WITH YOUR USE OF THE ONLINE SOFTWARE (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE (INCLUDING WITHOUT LIMITATION ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE) RESIDES WITH YOU. User’s Computer Information. We will not collect any personal information about you, other than the information provided to obtain an online account, without your knowledge and consent. Links to Third-Party Sites. Everything Dining Online may include hyperlinks to web sites operated by parties other than Everything Dining Inc. including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Everything Dining Inc. does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH EVERYTHING DINING OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT) YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING DINING, ITS SUBSIDIARIES, LICENSORS AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE OR USE OF ONLINE SOFTWARE. IN NO CASE SHALL EVERYTHING DINING OR ITS SUBSIDIARIES, LICENSORS, AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO EVERYTHING DINING FOR THE SERVICE. IN NO CASE SHALL EVERYTHING DINING OR EVERYTHING DINING ONLINE AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF EVERYTHING DINING ONLINE, ONLINE SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF OR MEMBERSHIP WITH EVERYTHING DINING ONLINE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EVERYTHING DINING’S AND EVERYTHING DINING 'S ONLINE AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. EVERYTHING DINING DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH EVERYTHING DINING ONLINE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

3. INDEMNIFICATION.

Upon request by Everything Dining, you agree to defend, indemnify and hold harmless "Everything Dining" and its affiliates, subsidiaries, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your transmission of any Content on Everything Dining Online. Everything Dining reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Everything Dining in that matter. This Section shall survive termination of this Agreement.

4. OTHER LEGAL TERMS.

You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Everything Dining Online Terms of Service are not intended to confer, and do not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

The laws of the State of Virginia, excluding its conflicts-of-law rules, govern this Agreement and your Membership. As noted above, Member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Everything Dining or relating in any way to your Membership or your use of Everything Dining Online resides in the courts of central Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Central Virginia in connection with any such dispute including any claim involving Everything Dining or its affiliates, subsidiaries, employees, contractors, officers, directors, vendors and content providers.

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