INDYDININGGUIDE.COM TERMS AND CONDITIONS OF USE
ACCEPTANCE OF TERMS
By visiting and using the IndyDiningGuide.com website, you expressly agree to be bound by these Terms and Conditions of Use as well as our Privacy Policy. If you do not agree to these terms, do not use the website. These terms constitute an agreement (“Agreement,” or “Terms”) between you and IndyDiningGuide.com. You represent that you are at least 18 years of age and have attained the age of majority in the location where you reside, and that any information you submit is correct. IndyDiningGuide.com reserves the right to deny access to the site to any person who violates these Terms and Conditions of Use.
This website ("Website") includes without limitation: (a) the IndyDiningGuide.com Website; and other related services accessible via the Website (collectively the "Services"); (b) information including, but not limited to, contractual, product, pricing, marketing, and other information ("Information"); and (c) content such as data, text, sound, photographs, graphics, video, or other materials ("Content"). IndyDiningGuide.com makes no representation that this Website is appropriate or available for use in all locations. If you are using the Website on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer's behalf, and that your employer agrees to indemnify you and IndyDiningGuide.com for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard IndyDiningGuide.com agreement governs your relationship with IndyDiningGuide.com generally.
YOUR OBLIGATIONS AND CONDUCT
Registration is not required to view certain Content on the Website. However, you will be required to register to view or utilize other Content, including, but not limited to, coupons and special offers. In consideration of your use of the Website, you agree to: (a) provide accurate, current, and complete information about you as prompted by a registration form on the Website (the "Registration Data"); (b) maintain the confidentiality of your password and restrict access to your computer so others outside your household may not access IndyDiningGuide.com using your identity in whole or in part; (c) maintain and promptly update the Registration Data, and any information you provide to IndyDiningGuide.com, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.
You agree not to provide Registration Data that (a) is inaccurate, discriminatory, inflammatory, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to IndyDiningGuide.com; (b) includes unauthorized disclosure of personal information; (c) violates or infringes intellectual property rights, copyrights, laws, rules, regulations, ordinances or the rights of IndyDiningGuide.com or any third party; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. IndyDiningGuide.com reserves the right to edit or remove Content that violates these Terms.
IndyDiningGuide.com reserves the right to terminate your access and use of the Website if you register under a false identity, submit multiple registrations for a single user or otherwise commit fraudulent conduct in connection with your registration or use of IndyDiningGuide.com.
IndyDiningGuide.com shall be free to use Registration Data submitted by users in the course of IndyDiningGuide.com’s business operations. You represent and warrant that you have proper authorization to provide IndyDiningGuide.com any information that you may provide on the Website.
You may not use or attempt to use another person’s registration account, password, service or system except as expressly permitted by these Terms. You may not interfere with any third party’s uninterrupted use of IndyDiningGuide.com. You may not harm or violate the security of IndyDiningGuide.com or any related services, resources, accounts, passwords, servers or networks of IndyDiningGuide.com or affiliates. IndyDiningGuide.com reserves the right to refer any violations of these Terms to law enforcement authorities.
CONFIDENTIALITY OF INDYDININGGUIDE.COM INFORMATION
You may obtain direct access via the Website to certain confidential information of IndyDiningGuide.com and its suppliers, including, but not limited to, contractual, product, pricing, marketing and other information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. The title to Confidential Information remains with IndyDiningGuide.com and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or IndyDiningGuide.com's written request, you must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from IndyDiningGuide.com, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to IndyDiningGuide.com adequate to afford IndyDiningGuide.com the opportunity to object to the disclosure.
IndyDiningGuide.com is not responsible for the similarity of any of its content or programming in any media to materials or ideals provided to IndyDiningGuide.com. You acknowledge and agree that if you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against IndyDiningGuide.com and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is or may be substantially similar to the idea you sent.
CONTENT SUBMITTED TO INDYDININGGUIDE.COM
You acknowledge, consent and agree that IndyDiningGuide.com may preserve and disclose your Registration Data and any related user data or communications if required to do so by law, or in good faith belief that is reasonably necessary to comply with legal process, to enforce these Terms, to render service to a user, to protect the rights or property of IndyDiningGuide.com or anyone associated with IndyDiningGuide.com, or in circumstances that we deem, in our sole discretion, to pose a threat to the safety of you or others.
You agree that any information submitted to IndyDiningGuide.com, including but not limited to Registration Data, you grant IndyDiningGuide.com or its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, display, modify, adapt, translate, archive, store and create derivative works from user-supplied data, in any form, format, or medium, of any kind now known or later developed. You grant IndyDiningGuide.com the right to use any User Content or Data that you provide to IndyDiningGuide.com. You also grant IndyDiningGuide.com the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you provide or otherwise submit to us for any purpose. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
IndyDiningGuide.com may or may not screen User Content or Data, and shall have the right, but not the obligation, in their sole discretion, to move, remove, block, edit or refuse any User Content or Data for any reason.
DELIVERY OF E-MAIL
IndyDiningGuide.com will attempt to deliver all of the e-mail that is addressed to your e-mail address and sent through IndyDiningGuide.com. However, the nature of e-mail is such that IndyDiningGuide.com cannot guarantee delivery of such e-mail.
INDEMNITY
You agree to indemnify, defend and hold IndyDiningGuide.com and its partners, subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, members, employees and representatives harmless from any claim, demand or liability, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of or connection to the Website (including any use by you on behalf of your employer), any information provided through your Registration Data, even if not posted by you, your violation of the Terms, or your violation of any rights of another.
NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
IndyDiningGuide.com may provide notice to you via email, regular mail, or posting notices or links to notices on the Website. IndyDiningGuide.com reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice, at any time, and for any reason, with or without cause. IndyDiningGuide.com may also delete, or bar access to or use of, all related Information and files. IndyDiningGuide.com will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. IndyDiningGuide.com may amend these Terms at any time by posting the amended terms on this Website.
ADVERTISEMENTS AND PROMOTIONS
IndyDiningGuide.com may run advertisements and promotions from third parties or provide links to third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than IndyDiningGuide.com found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You acknowledge and agree that IndyDiningGuide.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. IndyDiningGuide.com will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
On occasion, a product or service or venue may not be available at the time, place, or the price as it appears on our Website, or there may be a typographical error. In such an event, you agree IndyDiningGuide.com is not responsible for such errors or discrepancies.
INTELLECTUAL PROPERTY RIGHTS
Except as expressly authorized by IndyDiningGuide.com, you agree not to reproduce, archive, copy, scrape, crawl, index, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content found on the Website, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software in connection to the IndyDiningGuide.com Website, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You may use the Content online only, and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content solely for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice from such Content.
You may not republish any portion of the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not manipulate the Website or data in any way that affects the user’s experience, and not use any data mining, data gathering, or extraction method.
"IndyDiningGuide.com Trademarks" means all names, marks, brands, logos, designs, slogans and other designations IndyDiningGuide.com uses in connection with its products and services. You agree not to use the IndyDiningGuide.com Trademark and Logo for any purpose without the prior express written consent of IndyDiningGuide.com. You may not remove or alter any IndyDiningGuide.com Trademarks, or co-brand your own products or material with IndyDiningGuide.com Trademarks, without IndyDiningGuide.com's prior written consent. You acknowledge IndyDiningGuide.com's rights in IndyDiningGuide.com Trademarks and agree that any use of IndyDiningGuide.com Trademarks by you shall inure to IndyDiningGuide.com's sole benefit. You agree not to incorporate any IndyDiningGuide.com Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
IndyDiningGuide.com is committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Website, please contact IndyDiningGuide.com in writing.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by IndyDiningGuide.com on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed Content.
INTERNATIONAL USE
IndyDiningGuide.com is controlled, operated and administered within the United States. IndyDiningGuide.com makes no representation that materials or Content available through the Website are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use IndyDiningGuide.com or export the content in violation of U.S. export laws and regulations. If you access the Website from a location outside the United States, you are responsible for compliance with all applicable laws.
DISCLAIMER OF WARRANTIES
While IndyDiningGuide.com uses reasonable efforts to include accurate and up-to-date information, we may no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. IndyDiningGuide.com does not represent or warrant that the use of any Content will not infringe rights of third parties. IndyDiningGuide.com has no responsibility for actions of third parties or for content provided by others.
Your use of the website is at your own risk. The website, including the information, services and content is provided on an "as is" "as available" and "with all faults" basis. The entire risk as to satisfactory quality, performance, accuracy, and effort is with you. IndyDiningGuide.com disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or noninfringement. IndyDiningGuide.com disclaims any warranties or conditions arising through course of dealing or usage of trade. IndyDiningGuide.com makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the website. There are no representations or warranties that extend beyond the face of this agreement.
IndyDiningGuide.com makes no warranty or representation that: (a) the website will be uninterrupted, timely, secure, or error-free; (b) you will be able to retrieve data or content you have placed on the website; (c) the results that may be obtained from the use of the website will be accurate or reliable; (d) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (e) any errors in the website will be corrected.
You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the website, including any damages resulting from computer viruses, spyware, or other harmful items on the internet.
LIMITATION OF LIABILITY
To the full extent permitted by law, IndyDiningGuide.com is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if IndyDiningGuide.com has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the website; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into, through or from the website; (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.
To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
You agree that no claim subject to these Terms may be brought as a class action.
If you are dissatisfied with the IndyDiningGuide.com website, you do not agree with any part of this agreement, or you have any other dispute or claim with or against IndyDiningGuide.com or any party with respect to this agreement or the website, then the sole and exclusive remedy is to discontinue using the IndyDiningGuide.com website.
INDYDININGGUIDE.COM'S PRIVACY POLICY
You consent to the collection, processing and storage by IndyDiningGuide.com of your personal information in accordance with the terms of IndyDiningGuide.com's Privacy Policy, which is available as a link from the IndyDiningGuide.com Website. You agree to comply with all applicable laws and regulations, and the terms of IndyDiningGuide.com's Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with this Website.
IndyDiningGuide.com may change the website or delete features in any way, at any time and for any reason. IndyDiningGuide.com reserves the right to change these terms at any time in its discretion and to notify users of any such changes solely by changing these terms and conditions of use. Continued use of this website after the posting of any amended terms shall constitute your agreement to be bound by any such changes. Use of this site prior to these terms being posted will be governed by the terms that applied at the time of your use. You acknowledge and agree that IndyDiningGuide.com is not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, transmissions or data. in addition, you acknowledge and agree that IndyDiningGuide.com is not responsible or liable for (1) any viruses or other disabling features that affect your access to or use of website, (2) any incompatibility between the IndyDiningGuide.com website and other web sites, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the website in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the website. The limitations, exclusions and disclaimers of this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
TERMINATION
IndyDiningGuide.com may terminate or suspend your access to any portion of the Website at any time, with or without cause, with or without notice or liability. IndyDiningGuide.com may terminate this Agreement with or without cause, with or without notice at any time. Upon such termination or suspension, your right to use the Website will immediately cease, and any information you have stored on the Website may not be retrieved. In the event of termination of this Agreement, for any reason, you agree that the following provisions survive: limitations on your use of Content and all other provisions for which survival is equitable or appropriate.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
All claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Indiana without reference to conflict of laws principles. You hereby irrevocably consent to the exclusive jurisdiction and to have any lawsuits filed and heard in the state or federal courts located in Indianapolis, Indiana.
INTERPRETING THE AGREEMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. If for any reason any provision of this Agreement is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. IndyDiningGuide.com may assign this Agreement, or transfer rights or obligations under this Agreement, in whole or in part, at any time to any affiliate or entity that has an ownership stake in IndyDiningGuide.com or any of their assets with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and IndyDiningGuide.com with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and IndyDiningGuide.com with respect to the Website. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Any failure of IndyDiningGuide.com to enforce or exercise any provision of the Agreement or related right does not constitute a waiver of that right or provision.
You have limited time to bring your claim you agree that any cause of action arising out of or related to the website must commence within 6 months of the time in which the events giving rise to such claim began or you agree to waive such claim.
GENERAL TERMS
The Terms constitute the entire agreement between you and IndyDiningGuide.com relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized IndyDiningGuide.com representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when you use IndyDiningGuide.com or third-party products or services.
You agree that any material breach of these Terms may result in irreparable harm to IndyDiningGuide.com for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, IndyDiningGuide.com will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if IndyDiningGuide.com seeks such an injunction.
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms. In case of a conflict between our Privacy Policy and these terms, these Terms and Conditions of Use will control.
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.