DiningExplorer Terms of Service for Your Personal Use
Welcome! By using DiningExplorer's restaurant directory and online restaurant reviewer community or other DiningExplorer services ("DiningExplorer Services"), you agree to be bound by the following terms and conditions (the "Terms of Service").
Content Linked to by DiningExplorer
The sites displayed as search results or linked to by DiningExplorer Services are developed by people over whom DiningExplorer exercises no control. The search results that appear from DiningExplorer's indices are registered by DiningExplorer's user, and DiningExplorer cannot and does not screen the sites before including them in the indices from which such automated search results are gathered. A search using DiningExplorer Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a DiningExplorer search will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the DiningExplorer Services.
Personal Use Only
The DiningExplorer Services are made available for your personal, non-commercial use only. You may not use the DiningExplorer Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a DiningExplorer search and reformat and display them, or mirror the DiningExplorer home page or results pages on your Web site. You may not "meta-search" DiningExplorer. If you want to make commercial use of the DiningExplorer Services, you must enter into an agreement with DiningExplorer to do so in advance. Please contact us for more information.
Changes In Terms and Conditions and DiningExplorer Search Service
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Disclaimer of Warranties
DiningExplorer disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DININGEXPLORER SERVICES results. DiningExplorer disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. DiningExplorer disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DININGEXPLORER SERVICES.
THE DININGEXPLORER SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DININGEXPLORER SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DININGEXPLORER AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DININGEXPLORER AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DININGEXPLORER SERVICES. DININGEXPLORER AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DININGEXPLORER SERVICES. DININGEXPLORER AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DININGEXPLORER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DININGEXPLORER SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DININGEXPLORER SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DININGEXPLORER SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DININGEXPLORER OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DININGEXPLORER SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DININGEXPLORER OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DININGEXPLORER SERVICES, FROM INABILITY TO USE THE DININGEXPLORER SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DININGEXPLORER SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DININGEXPLORER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DININGEXPLORER SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DININGEXPLORER SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DININGEXPLORER SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DININGEXPLORER SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DININGEXPLORER SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall DiningExplorer or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Requests for Removal of Information
DiningExplorer occasionally receives requests from people to remove information from its indices.
DiningExplorer reserves the right to address such requests individually.
Upon receipt of a request by the dining place owner or a third party in the second instance, DiningExplorer would consider on a case-by-case basis requests to remove the link to that Dining Place from DiningExplorer.com.