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By using this Web site, you agree to be bound by the Terms of Use. www.eatanddrinkspecials.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.
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1. www.eatanddrinkspecials.com service (the "Service") and its affiliate sites (the "Sites") are accessible worldwide to anyone with Internet access. Access to and use of the Service and the Sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT. www.eatanddrinkspecials.com and its affiliates reserve the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Service and the Sites, you agree in advance to accept any changes.
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2. The materials used and displayed on the Service and the Sites, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of www.eatanddrinkspecials.com or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of www.eatanddrinkspecials.com or the appropriate affiliate.
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3. 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,
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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.
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4. 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.
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5. 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. Your use of the Service and the Sites is at your own risk. NEITHER www.eatanddrinkspecials.com, NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE ON THE SERVICE AND THE SITES OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST www.eatanddrinkspecials.com, AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE SITES AND THE INFORMATION AVAILABLE THEREON.
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6. 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.
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7. 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, 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 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.
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8. 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 Web site belong to their respective owners.
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9. 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.
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10. 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.
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