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Terms and Conditions

DiningChannel Home> Information> Terms and Conditions

Your use of this website (the "Dining Channel" or the "Site")) and the family of MetroGuide.com, Inc. ("MetroGuide") websites (the "MetroGuide Websites") is conditioned on your acceptance without modification of the terms and conditions contained herein. Your access and use of this website shall be deemed to indicate your acceptance of all such terms and conditions.

MetroGuide reserves the right to make changes to its Terms and Conditions it deems necessary without prior notification to you. It is recommended that you visit and read the Terms and Conditions so as to ensure that you stay informed as to any such changes. If we make changes, your continued use of the website constitutes agreement to the Terms and Conditions contained herein and you understand and agree that you will be bound to its language and conditions.

1. Definitions.

The Dining Channel offers an interactive online service owned and operated by MetroGuide on the Internet consisting of information services, content and transaction capabilities provided by MetroGuide and associated and affiliated third parties.

2. General.

This Agreement sets forth the terms and conditions that apply to the use of the Dining Channel by You. By using the Dining Channel, You agree to comply with all of the terms and conditions stated herein. The right to use this Site is personal to You and is not transferable to any other person or entity. You hereby acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of MetroGuide, and MetroGuide shall not be responsible for any data lost while transmitting information on the Internet. While it is MetroGuide's objective is to make the Site accessible 24 hours per day, seven days per week, the Dining Channel may become unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that Your access to the Site may be interrupted, suspended or terminated from time to time.

3. Copyright and Trademarks.

ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE WITHOUT METROGUIDE'S EXPRESS WRITTEN PERMISSION IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject You to civil and / or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of MetroGuide protected by copyright as a collective work under the United States copyright laws. You may not infringe MetroGuide's copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download, print, and save copyrighted material for Your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of MetroGuide and/or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. MetroGuide does not have any express burden or responsibility to provide You with indications, markings or anything else that may aid You in determining whether the material in question is copyrighted or trademarked. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, You warrant that the owner of such material has expressly granted MetroGuide the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for their personal use. You hereby grant MetroGuide the right to edit, copy, publish and distribute any material You make available or contribute to this Site.

MetroGuide does not claim any interest in the trademark and servicemarks of the restaurants whose products MetroGuide sells. These marks are the property of their respective owners.

4. Disclaimer of Warranty; Limitation of Liability.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER METROGUIDE, ITS AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, MERCHANDISE, OR OFFERING PROVIDED THROUGH THIS SITE.

THIS SITE IS MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT METROGUIDE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS WITH YOU.

IN NO EVENT SHALL METROGUIDE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL SERVICES, PRODUCTS, OFFERINGS, MERCHANDISE, AND CONTENT ON THIS SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER METROGUIDE NOR ITS PARTNERS, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING AS A RESULT. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

METROGUIDE IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY METROGUIDE. MOREOVER, METROGUIDE RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT DEEMS UNSUITABLE.

5. Privacy Policy.

Click here to view our Privacy Policy.

6. Indemnification.

You agree to defend, indemnify and hold harmless MetroGuide, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of your use, direct or indirect, of this Site.

7. Termination.

MetroGuide may terminate this Agreement at any time. Without limiting the foregoing, MetroGuide shall have the right to immediately terminate any issued passwords or accounts in the event of any conduct by You which MetroGuide, in its sole discretion, considers to be unacceptable, or in the event of any breach by You of this Agreement. The provisions of Sections 2, 3, 4, 6, 7, 8, and 10, will survive termination of this Agreement.

8. Trademarks.

The Dining Channel, DiningGuide, and MetroGuide are service marks of MetroGuide. All rights in respect of this intellectual property are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on the Site are the property of their respective owners.

9. Third Party Content.

MetroGuide's publication of the content contained on the Site is not intended to endorse or guarantee the accuracy of such information. While MetroGuide endeavors to ensure the accuracy of the content when published, many factors can contribute to inaccuracies including typographical errors, submission by third parties of inaccurate information, changes or correction to content not made know to MetroGuide, and a variety of other reasons. Accordingly, neither MetroGuide nor any third-party provider or contributor of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. Under no circumstances will MetroGuide be liable for any loss or damage caused by Your reliance on information obtained through the Site. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any information or other content.

From time to time the Dining Channel contains links to third party sites over which is has little or no control. These links are provided solely as a convenience to You and not as an endorsement of the contents on such third-party sites and MetroGuide hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party sites. Unless you have executed a written agreement with MetroGuide expressly permitting you to do so, you may not provide a hyperlink to the Dining Channel from any other website. MetroGuide reserves the right to revoke its consent to any link at any time in its sole discretion.

10. Miscellaneous.

These terms and Conditions constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

MetroGuide operates and controls its websites from its offices in Florida, USA. These websites can be accessed from all fifty states and internationally. As the laws of Florida may differ from those of the many jurisdictions from which you may be accessing the Content, by accessing the MetroGuide Websites both you and MetroGuide agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the MetroGuide Websites.



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