Trusted partner to restaurant owners.

Website Terms of Use

Revision A01 - Posted December 11, 2006

This page states the "Terms and Conditions" under which you may use restaurantsherpa.com, eatwith.us, and aviddiner.com and any sites within any of those domains (the "Sites"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. If you do not accept the Terms and Conditions stated herein, do not use this web site or service. By using this web site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Restaurant Sherpa, LLC (the "Company") reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The version number and date located at the top of this page are listed for reference purposes and will help you determine if these terms and conditions have changed since your last visit to this site. Your continued use of this web site following the posting of changes to these terms will mean you accept those changes. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this web site for any reason.

PRIVACY

Please review our Privacy Policy, which also governs your visit to the Sites, to understand our practices.

COPYRIGHT POLICY

The contents of the Sites, such as text, graphics, images, logos, button icons, software and other "Material", are protected under United States and foreign copyright, trademark and other laws. All Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited. No permission is granted to copy, distribute, modify, post or frame any text, graphics, video, audio, software code, or user interface design or logos.

You shall not copy or adapt the HTML, PHP or other such code that the Company creates to generate its pages. These are also protected by the Company's copyright.

TRADEMARKS

The Sites, Restaurant Sherpa, LLC. and other marks indicated on our site are registered trademarks of the Company in the United States and other countries. The Company's graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the Company. The Company trademarks and trade dress may not be used in connection with any product or service that is not associated with the Company or the Sites in a manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

PATENTS

One or more United States and international patents may apply to this site or business processes of the Company.

COPYRIGHT COMPLAINTS

The Company and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send an email to Legal Email .

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password (if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Sites do not sell goods, products or services to children, but it sells to adults. If you are under 18, you may use The Sites only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

WEB SITE SECURITY RULES

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of goods, products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. The Company will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

LICENSE AND SITE ACCESS

The Company grants you a limited license to access and make personal use of the Sites and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Sites or any portion of the Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Sites and our affiliates without express written consent from the Company. You may not use any meta tags or any other "hidden text" utilizing The Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Sites, and any sub-sites within the Sites, so long as the link does not portray the Company, its affiliates, its customers, or any of the proceedings goods, products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any the Company's logo or other proprietary graphic or trademark as part of the link without express written permission from the Company.

SPECIFIC PROHIBITED USES

The Sites may be used only for lawful purposes by individuals or companies. The Company specifically prohibits any use of the Sites, and all users agree not to use the Sites, for any of the following:

USER INFORMATION

If asked to register for the Sites, you may be asked to provide the Company with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on the Sites, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company's Privacy Policy for further details regarding your Information.

Please keep in mind that whenever you give out personal information online --- for example, via email, order information, etc. --- that information can be collected and used by people you don't know. While the Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

REGISTRATION AND PASSWORD

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

SUBMISSIONS

We are pleased to hear from our users and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as ideas or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, at our request, you send certain specific submissions (e.g., postings to chat, boards, or contests) or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, property of the Company. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on any Company Site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

CREDIT CARDS

The Company takes the issue of your privacy seriously. We may provide your credit card number, billing and shipping information to participating merchants from whom you buy goods or services. The merchants are solely responsible for how they use that information and any other information they independently acquire from you or about you. Otherwise, we do not share your credit card information with anyone else. For more information, please read our Privacy Policy.

DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITES AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

LINKS TO/FROM OTHER SITES

The Sites may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

We reserve the right to disable links from third party sites to any Company Site.

NO RESALE OR UNAUTHORIZED COMMERCIAL USE

You agree not to resell or assign your rights or obligations under these Term of Use. You also agree not to make any unauthorized commercial use of the Sites.

LIMITATION OF LIABILITY

The aggregate liability for the Company to you for all claims arising from the use of the Materials is limited to $100.

THE SITES AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

ALL INFORMATION AND CONTENT ON THE SITES ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, FURNISHED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

TERMINATION

The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of outstanding orders, termination of your registration with or ability to access the Sites and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Sites.

INDEMNITY

You agree to defend, indemnify, and hold harmless the Company, its member, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

GENERAL

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

JURISDICTION

These Terms and conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws or principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Boston, Massachusetts. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Sites a particular "Legal Notice," or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of the Sites. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Those who choose to access the Sites do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

DISPUTES

Any dispute relating in any way to your visit to the Sites or to goods, products or services you purchase through the Sites shall be submitted to confidential arbitration in Boston, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

OUR ADDRESS

Restaurant Sherpa, LLC
200 Jefferson Rd, Ste 203
Wilmington, MA 01887
www.RestaurantSherpa.com


Special thanks is given to the following sites that help us structure these terms and conditions:
www.monster.com
www.espn.com
www.amazon.com