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Terms Of Service

The following terms of use refer to how you can use the Website and the services provided by it. Please read these terms carefully before using the Website. If you do not agree to these terms, please do not use the Website or any websites made with Dinerly.

General Terms

Acceptance of Terms: By using the Website, you agree to these terms and are bound to adhere to them.

Changes to Terms: These terms may change periodically, and it is your responsibility to regularly check them for updates. Continued use of the Website after any changes indicates acceptance of the new terms.

Intellectual Property Rights: The Website contains material protected by copyright. Copying, reproduction, distribution, or use of this material is not permitted without the permission of the owners.

Usage Restrictions: In addition to other exclusions described in the Terms of Use, you are prohibited from using the website or its content: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet, (h) to collect or track the personal information of others, (i) to spam, phish, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose, (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet, (l) we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Personal Data Protection: The personal information you enter on the website is subject to the website's privacy policy.

Disclaimer: The website is provided "as is" and makes no warranties of accuracy, reliability, or fitness for a particular purpose. The administrators of the website are not responsible for any losses or damages arising from its use.

You are not allowed to attempt, authorize, encourage, endorse, facilitate the efforts of others, bypass, reverse engineer, copy, violate, or generally modify or affect the Dinerly software.

Dinerly reserves the right, at its discretion, to modify its product from time to time, with or without notice.

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without prior notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

We may provide you with access to third-party tools over which we neither monitor nor have any control over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the respective third-party provider(s).

Also, in the future, we may offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

If, at our request, you send specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you send to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Account Terms

You are responsible for maintaining the security of your personal login information. Dinerly assumes no responsibility for any damage or loss that may arise from your failure to comply with this account term.

By uploading any content to your website through Dinerly, you agree that you have the rights to use it on your website and that Dinerly bears no responsibility. It is the account holder's responsibility to ensure that the content can be used on their website and does not violate any copyright laws.

Subscription Terms

The service is charged in advance on a monthly or yearly basis depending on the plan you have selected, and the cost is non-refundable. No refunds or credits are provided for partial months of service, upgrades or downgrades, or unused months while your account remains active.

We reserve the right to fully delete your account and the website created by Dinerly if you have not paid the outstanding invoice within a 60-day period.

The downgrade of your service may result in the loss of content, features, or account capacity. Dinerly assumes no responsibility for such loss.

You have the option to change your subscription type from monthly to annual and vice versa by providing written notice to [email protected] at least 10 business days prior to the invoice renewal date.

Website Terms

We reserve the right to refuse any order placed with us or with a partner website. We may, at our discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting you directly or through our partner using the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors, or to be placed maliciously.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through dinerly.com and websites created via Dinerly. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Limitation of Liability and Remediation

In no event shall Dinerly, its directors, officers, employees, partners, agents, suppliers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any service or any product procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend, and hold harmless Dinerly and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Contact Us

For more information about our terms of service, if you have any questions, or if you would like to file a complaint, please contact us via email at: [email protected].

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