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Terms & Conditions


IMPORTANT: ALL USERS MUST READ THIS SECTION 
ACCEPTANCE OF TERMS AND CONDITIONS
By using this Web Site, "you" or the "End-User" agree to the Terms and Conditions that we www.orderdine.com have provided.  If you do not wish to agree to any of these Agreements outlined in the Terms and Conditions, Terms of Use and Privacy Policy, please refrain from using the Site.
This Agreement and the Policies referred to herein also contain the complete Terms and Conditions that apply to your use of the Restaurant Reservation Services. The services being offered at the URL: http://www.orderdine.com and all affiliated Web Sites owned and operated solely by the www.orderdine.com. THE USE OF SERVICES AND THE ORDERDINE.COM WEB SITE CONSTITUTES THE KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT AND OF THE ORDERDINE.COM’S PRIVACY POLICY.
ORDERDINE.COM reserves the right to make any changes to the Terms of Use and Privacy Policy which is incorporated herein by reference, as we may make necessary or desirable changes without prior notification to you. Therefore, we suggest that you re-read this important notice containing our Terms of Use, Privacy Policy and Agreement from time to time, in order for you to stay informed as to what changes have occurred. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.


Terms Of Use
Part I: General Use


1. Definitions

Orderdine provides exclusive discounts plus reservation on restaurants for our end-user thru an online service operated by orderdine.com, Inc. on the Internet’s World Wide Web, consisting of information services, content and transaction capabilities provided by orderdine.com, affiliates of orderdine.com and other third parties.

2. General

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End-user. By using this Site other than to read this Agreement for the first time, the End-user agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-user and is not transferable to any other person or entity. End-user shall be responsible for protecting the confidentiality of End-user's password(s), if any. The End-user acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of orderdine.com, and orderdine.com shall not be responsible for any data lost while transmitting information on the Internet. While it is orderdine.com objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of orderdine.com, access to the Site may be interrupted, suspended or terminated from time to time.
Orderdine.com shall have the right at any time to change or discontinue any aspect or feature of orderdine.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, orderdine.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

3. Modified Terms

Orderdine reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon orderdine.com’s posting thereof. Any use of orderdine.com by End-user after such notice shall be deemed to constitute acceptance by End-user of such modifications.

4. Equipment

End-user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Orderdine.com shall not be liable for any damages to the End-user’s equipment resulting from the use of this Site.

5. End-User Conduct

This Site and any individual orderdine.com micro sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site the Micro sites are private property. All interactions on this Site and/or the Micro sites must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all End-users restrict any and all activity in connection with the use of this Site and the Micro sites to that which involves lawful purposes only. End-user shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without orderdine.com’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End-user that in orderdine.com’s exclusive discretion restricts or inhibits any other End-user from using or enjoying this Site and/or any of the Micro sites is strictly prohibited. End-user shall not use this Site or any of the Micro sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Micro sites to become users of other on/or offline services directly or indirectly competitive or potentially competitive with orderdine.com.


The foregoing provisions of this Section 5 apply equally to and are for the benefit of orderdine.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

6. Copyright and Trademarks

Everything located on or in this Site, including the Micro sites, is the exclusive property of orderdine.com, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF ORDERDINE.COM, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End-user to civil and/or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of orderdine.com protected by copyright as a collective work under the United States copyright laws. Orderdine.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End-user may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End-user may download/print/save copyrighted material for End-user's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of orderdine.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End-user acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with orderdine.com shall not be deemed to be in the public domain but rather the exclusive property of orderdine.com, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of orderdine.com, unless otherwise stated.

End-user shall not upload, post, or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Orderdine.com does not have any express burden or responsibility to provide End-user with indications, markings or anything else that may aid End-user in determining whether the material in question is copyrighted or trademarked. End-user shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End-user warrants that the owner of such material has expressly granted orderdine.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End-user also permits any other end-user to access, view, store, or reproduce the material for that end-user's personal use. End-user hereby grants orderdine.com the right to edit, copy, publish and distribute any material made available on this Site by End-user.

The foregoing provisions of Section 6 apply equally to and are for the benefit of orderdine.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.


7. Access and Interference
Much of the information on the orderdine.com Site is updated on a real time basis and is proprietary or licensed to orderdine.com by affiliated Restaurants or third parties. By using the orderdine.com Site, you agree not to:
Use any robot, spider, scraper or other automatic device, process or means to access the orderdine.com Site for any purpose without orderdine.com's express written permission.

Take any action that imposes or may impose (in orderdine.com's sole discretion) an unreasonable or disproportionately large load on our infrastructure.
Implement any manual processes to monitor or copy orderdine.com Content from the orderdine.com Site without express written permission.
Utilize any device, software or routine that will interfere or attempt to interfere with the functionality of the orderdine.com Site.


8. Disclaimer of Warranty; Limitation of Liability.

END-USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END-USER'S SOLE RISK. NEITHER ORDERDINE.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE MICROSITES.

THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END-USER SPECIFICALLY ACKNOWLEDGES THAT ORDERDINE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END-USER.

IN NO EVENT SHALL ORDERDINE.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END-USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER ORDERDINE.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END-USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

ORDERDINE.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY ORDERDINE.COM. MOREOVER, ORDERDINE.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, ORDERDINE.COM, DEEMS UNSUITABLE.


9. Monitoring

orderdine.com shall have the right, but not the obligation, to monitor the content of the Site at all times, including any forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by orderdine.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, orderdine.com shall have the right to remove any material that orderdine.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.


10. Privacy

End-user acknowledges that all discussion for ratings, comments, bulletin board service, and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End-user's communications without End-user's knowledge. Orderdine.com does not control or endorse the content, messages or information found in any Community, and, therefore, orderdine.com specifically disclaims any liability concerning the Communities and any actions resulting from End-users participation in any Community, including any objectionable content. Generally, any communication which End-user posts to orderdine.com (whether in discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by orderdine.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End-user grants orderdine.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see orderdine.com Privacy Policy.


11. License Grant

By posting communications on or through this Site, End-user shall be deemed to have granted to orderdine.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.


12. Indemnification

End-user agrees to defend, indemnify and hold harmless orderdine.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Micro sites by End-user or the inability for a restaurateur to honor the reservation with the exception of the restaurant closing down due to chapter 11 or an event of nature.


13. Termination

Orderdine.com may terminate this Agreement at any time. Without limiting the foregoing, orderdine.com shall have the right to immediately terminate any passwords or accounts of End-user in the event of any conduct by End-user which orderdine.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End-user of this Agreement. The provisions of Sections 3, 5, 6, 8, 10, 11, 12 will survive termination of this Agreement.


14. Trademarks

Orderdine.com is a trademark of orderdine.com, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on orderdine.com are the property of their respective owners.


15. No Assignment

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by End-user, but may be so transferred, assigned or delegated by orderdine.com.


16. Waiver

Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.


17. Third Party Content

Orderdine.com is a distributor (and not a publisher) of content supplied by third parties and End-users. Accordingly, orderdine.com has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end-users are those of the respective author(s) or distributor(s) and not of orderdine.com. Neither orderdine.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end-user, or other user not under contract with orderdine.com. Orderdine.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on orderdine.com by anyone other than authorized orderdine.com employee spokespersons while acting in official capacities. Under no circumstances will orderdine.com be liable for any loss or damage caused by an end-user's reliance on information obtained through orderdine.com.
It is the responsibility of End-user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through orderdine.com.

Orderdine.com contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by orderdine.com of the contents on such third-party sites and orderdine.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End-user decides to access linked third-party Web sites, End-user does so at its own risk. Unless you have executed a written agreement with orderdine.com expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. Orderdine.com reserves the right to revoke its consent to any link at any time in its sole discretion.


18. Miscellaneous

This Agreement and any operating rules for orderdine.com established by orderdine.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

Orderdine.com headquarters are in New York, New York. Legal issues arising out of, but not exclusive to the use of, this Site or the Micro sites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of New York (exclusive of its rules regarding conflicts of laws). By using this Site, End-user agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Micro site, shall be finally settled by arbitration in New York, New York under the rules of arbitration of the American Arbitration Association.

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