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Dine Without Whine Web Site Agreement
The DineWithoutWhine.com Web Site (the
"Site") is an online information service provided by
Dine Without Whine ("DineWithoutWhine.com "), subject to
your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE
SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. DineWithoutWhine.com MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON
THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are
DineWithoutWhine.com, its affiliates or other third
party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT,
GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas
of the Site solely for your own non-commercial use
provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You
agree to grant to DineWithoutWhine.com a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including, without limitation, ideas contained therein
for new or improved products and services) you submit to
any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to
DineWithoutWhine.com by all means and in any media now
known or hereafter developed. You also grant to
DineWithoutWhine.com the right to use your name in
connection with the submitted materials and other
information as well as in connection with all
advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse
against DineWithoutWhine.com for any alleged or actual
infringement or misappropriation of any proprietary
right in your communications to DineWithoutWhine.com.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the
exclusive trademarks or servicemarks of
DineWithoutWhine.com. Other product and company names
mentioned in the Site may be the trademarks of their
respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as
being supplied by DineWithoutWhine.com,
DineWithoutWhine.com does not
operate, control or endorse any information, products or
services on the Internet in any way. Except for
DineWithoutWhine.com- identified information, products
or services, all information, products and services
offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated
with DineWithoutWhine.com a. You also understand that
DineWithoutWhine.com cannot and does not guarantee or
warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or
destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET.
DineWithoutWhine.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND DineWithoutWhine.com SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY
OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
DineWithoutWhine.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME
OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
DineWithoutWhine.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL DineWithoutWhine.com BE
LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF DineWithoutWhine.com OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
DineWithoutWhine.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
DineWithoutWhine.com makes no
representations whatsoever about any other web site
which you may access through this one or which may link
to this Site. When you access a non-DineWithoutWhine.com
web site, please understand that it is independent from
DineWithoutWhine.com, and that DineWithoutWhine.com has
no control over the content on that web site. In
addition, a link to a DineWithoutWhine.com web site does
not mean that DineWithoutWhine.com endorses or accepts
any responsibility for the content, or the use, of such
web site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless DineWithoutWhine.com, its officers, directors,
employees, agents, licensors, suppliers and any third
party information providers to the Service from and
against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the
benefit of DineWithoutWhine.com and its officers,
directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service.
Each of these individuals or entities shall have the
right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement
may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1
(Copyright, Licenses and Idea Submissions), 2 (Use of
the Service), 3 (Indemnification), 4 (Third Party
Rights) and 6 (Miscellaneous) shall survive any
termination of this Agreement.
6. Refund Policy
DineWithoutWhine.com will issue full refunds within two
weeks of a purchase if requested by the buyer.
Requests must be within 14 days of the original purchase
date.
7.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United
States of America applicable to agreements made and to
be performed in The United States of America. You agree
that any legal action or proceeding between
DineWithoutWhine.com and you for any purpose concerning
this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have
with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or
such claim or cause of action is barred.
DineWithoutWhine.com's failure to insist upon or enforce
strict performance of any provision of this Agreement
shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties
nor trade practice shall act to modify any provision of
this Agreement. DineWithoutWhine.com may assign its
rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly granted herein are reserved.
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COPYRIGHT NOTICE.© 1999-2008
PriorityDigital.com
Prepared for: DineWithoutWhine.com, All rights reserved.
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Menu Planning For Today's Busy Family
A Comprehensive Must
Have Menu Planning Resource.
Simply Enter Your Name &
E-mail Address Below To Receive Your Complimentary
Copy.
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Founder of
Dine Without Whine
Christine Steendahl
“The Menu Mom”
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