RESTAURANT.COM TERMS AND CONDITIONS
Last updated July 11, 2011
IMPORTANT: ALL USERS MUST READ THESE TERMS
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS AGREEMENT, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE.
- By placing an Order, you make an offer to us to purchase the products and services you have selected based on the Restaurant.com Terms and Conditions set forth herein. Please see our sections regarding Restaurant Gift Certificates, Merchant Certificates, Restaurant.com eGift Cards, Restaurant.com Gift Cards, and Dinner of the Month Club purchases below, as well as any additional terms here.
- You are required to create an account in order to purchase any product or service, or to redeem a gift from the Website. This is required so we can provide you with easy access to print and access your orders, view your past purchases and/or gifts, and modify your preferences. For more information about the benefits of registering, visit here. Creation of an account requires providing a valid email address.
To read the complete Restaurant.com Terms and Conditions, please see below.
Restaurant.com Terms and Conditions
All Terms and Conditions apply to both the Conditions for Purchase of Services and Discounts and Conditions for Use of Website.
I. CONDITONS FOR PURCHASE OF SERVICES AND DISCOUNTS
By placing an order, you make an offer to us to purchase the "Promotional Certificates" number or code you have selected based on these Terms and Conditions.
Restaurant.com reserves the right at all times to discontinue or modify any of these Terms and Conditions at our sole discretion without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. You acknowledge that it is your responsibility to review these Terms and Conditions prior to logging in to your account. If we make changes to these Terms and Conditions and you continue to use our Website or Services, including, but not limited to, by logging into your account, you are agreeing to and accepting these Terms and Conditions.
As used herein:
- “Promotional Certificates” all Restaurant-Specific Gift Certificates, Merchant Certificates, Restaurant.com eGift Cards and Gift Cards, and Dinner of the Month Memberships, including codes or numbers associated therewith.
- “Restaurant-Specific Gift Certificates” (also referred to as Restaurant Gift Certificates”) – Refers to Restaurant-specific certificates that can be accessed or printed and then redeemed to obtain a reduction in the price of a meal at the restaurant identified on such certificate.
- “Restaurant.com eGift Cards” and “Restaurant.com Gift Cards” – Refers to store credit eGift Cards or gift cards offered by the Website that entitle the holder to redeem the face value of the certificate for an equivalent face value amount at any designated Restaurant.com website, such as www.TheIdealMeal.com, for any Restaurant-Specific Gift Certificate or Merchant Certificates offered at the time of redemption at the designated website.
- “Merchant Certificates” – Refers to Merchant-specific promotional certificates that can be accessed or printed and then redeemed at one of Restaurant.com’s online partners to get a reduction in the price of merchandise sold by that particular merchant on its website.
2. Discount Pricing and Availability
Restaurant.com does not guarantee availability of any Promotional Certificates on our Website, and reserves the right to modify or discontinue any Promotional Certificates at any time, or to add fees at any time. All Promotional Certificates are subject to change, and the pricing of Promotional Certificates may vary. Participation of affiliated restaurants may also vary. Limited quantities of certain Promotional Certificates may vary may be available and any offers are good only while supplies on the Website, or any affiliate website, last.
3. Restaurant.com Promotional Codes (referred to as “Promo Codes”)
If you obtain a Promo Code that can be used to reduce the purchase price of a Restaurant.com Promotional Certificate, please note the following:
- Any percentage offer is off the retail price of a Promotional Certificate on the Restaurant.com Website, as posted on the Website at the time of purchase.
- Promo Codes only apply to Restaurant-Specific Gift Certificates and Merchant Certificates, and not to Restaurant.com eGift Cards, Gift Cards or Dinner of the Month purchases, unless specified.
- Promo Codes may not be applied to all restaurants.
- Promo Codes may not be applied to previously placed orders and cannot be combined with other promotions or offers.
- Promo Codes may not be applied when redeeming a Restaurant.com Gift eGift Card or Restaurant.com Gift Card.
- Promo Codes may or may not be applied automatically. Regardless, under no circumstances will Restaurant.com be liable for failure to properly apply a Promo Code. The End User bears full responsibility for any error and any related bank fees, and we encourage all End Users to review their orders prior to submission.
- Redemption of any Promo Code requires the End User to agree to the Terms of this Agreement.
4. Terms and Conditions for All Promotional Certificates
The following provisions apply to all Restaurant-Specific Gift Certificates, Merchant Certificates, Restaurant.com eGift Cards and Gift Cards, and Dinner of the Month Memberships, including codes or numbers associated therewith ("Promotional Certificates"). Additional Terms and Conditions apply to each as stated herein.
- Promotional Certificates have no cash value and are not redeemable for cash at any time./li>
- Promotional Certificates are for personal (non-commercial) use only.
- Promotional Certificates may not be applied to previously placed orders and cannot be combined with other promotions or offers.
- Unauthorized reproduction, resale, modification, or trade of Promotional Certificates is prohibited and may result in their cancellation.
- Restaurant.com is not responsible for lost, stolen, damaged or undeliverable Promotional Certificates, including those that may be lost in transmission.
- Promotional Certificates cannot be returned for a refund of the purchase price.
- Promotional Certificates cannot be used to purchase an eGift Card or a Gift Card.
- RESTAURANT.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PROMOTIONAL CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Any attempted redemption or use that violates these Terms & Conditions may render the Certificate void.
- Promotional Certificates have no expiration date.
5. Terms and Conditions for Restaurant-Specific Gift Certificates
All Restaurant-Specific Gift Certificates are subject to the following additional terms and conditions, as well as any conditions listed under “Special Instructions” on the certificate itself. The “Special Instructions” are listed prior to purchase on the individual Microsites and listing pages. In the event of a conflict between the terms listed in this Section, and a Special Instruction on a Restaurant-Specific Gift Certificate, the Special Instruction controls. Please review both these terms and the Special Instructions prior to purchase.
- Only one (1) Restaurant-Specific Gift Certificate may be redeemed per party, per month, per restaurant, even if the party is seated at separate tables and/or receives more than one check.
- Not valid for taxes, tips, merchandise or prior balances.
- Cannot be combined with any other restaurant certificates, third party certificates, Restaurant.com eGift Cards, Gift Cards or other coupons.
- Valid for dine-in only unless otherwise stated.
The redemption of a Restaurant-Specific Gift Certificate requires additional consideration paid to the restaurant. Restaurant-Specific Gift Certificates have no value without additional consideration. Restaurant-Specific Gift Certificates are redeemable in their entirety only and may not be redeemed incrementally. The restaurant (and not Restaurant.com) is responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages, and sales tax. Any attempted redemption that violates these Terms & Conditions may render the Certificate void.
The restaurant is the holder and issuer of each Restaurant-Specific Gift Certificate. As the holder and issuer of the Restaurant-Specific Gift Certificate, the restaurant (and not Restaurant.com) is responsible for the final disbursement of this discount. Whether you choose to use the Restaurant-SPecific Gift Certificate after acquiring the right to access it to get a reduction in the price of your meal at the participating restaurant is at your sole discretion.
Restaurant-Specific Gift Certificates do not expire.
6. Terms and Conditions for Merchant Certificates All Merchant Certificates are subject to the following additional terms and conditions, as well as any conditions listed under “Special Instructions” on the certificate itself. The “Special Instructions” are listed prior to purchase on the individual Microsites and listing pages In the event of a conflict between the terms listed in this Section, and a Special Instruction on a Merchant Certificate, the Special Instruction controls. Please review both these terms and the Special Instructions prior to purchase.
- Only one (1) Merchant Certificate may be redeemed per order.
- May only be applied to merchandise sold by Merchant, and is not valid for shipping and handling charges or prior balances.
- Cannot be combined with any other Merchant certificates, third party certificates, Restaurant.com eGift Cards, Gift Cards or other coupons.
- Unless otherwise stated, may only be redeemed at the Merchant’s website.
The redemption of a Merchant Gift Certificate requires additional consideration paid to the Merchant. Merchant Certificates have no value without additional consideration. Merchant Certificates are redeemable in their entirety only and may not be redeemed incrementally. Merchant (and not Restaurant.com) is responsible for complying with all state and local laws pertaining to the distribution and sale of alcoholic beverages, and sales tax. Any attempted redemption that violates these Terms & Conditions may render the Merchant Certificate void.
The Merchant is the holder and issuer of each Merchant Certificate. As the holder and issuer of the Merchant Certificate, the Merchant is responsible for the final disbursement of the discount. Whether you choose to use the Merchant Certificate after acquiring the right to access it to get a reduction in the price of your purchase at the participating Merchant is at your sole discretion.
Merchant Certificates do not expire.
7. Terms and Conditions for Restaurant.com eGift Cards and Restaurant.com Gift Cards
You are required to create an account when redeeming a Restaurant.com eGift Card (previously known as a Restaurant.com Gift Certificate) or Restaurant.com Gift Card on any of our Websites, including our gift or incentive and loyalty solutions websites. This is required so we can track your past orders and provide you access to your Restaurant-Specific Gift Certificates and Merchant Certificates. All Restaurant.com eGift Cards and Restaurant.com Gift Cards are subject to the following additional terms and conditions:
- Restaurant.com eGift Card and Restaurant.com Gift Cards may be redeemed solely for Restaurant-Specific Gift Certificates or Merchant Certificates at www.TheIdealMeal.com, or other designated Restaurant.com Websites.
- Restaurant.com does not guarantee delivery times of shipments; all delivery times given are estimates and Restaurant.com is not liable for any shipping delays.
- Restaurant.com is not liable for undeliverable shipments of Restaurant.com Gift Cards. In the event an item is returned as undelivered, Restaurant.com will attempt to contact the customer to resolve the error. In any event, customer is responsible for all shipping and handling fees related to the shipment.
- Restaurant.com eGift Cards and Restaurant.com Gift Cards have no expiration date.
8. Dinner of the Month Club Terms and Conditions
A. Terms and Conditions for Dinner of the Month Club Memberships
All Dinner of the Month Club Memberships are subject to all terms listed in Section 6 hereof, in addition to the following additional terms and conditions:
- The designated recipient will receive his or her first Restaurant.com eGift Card when the Dinner of the Month Club is activated. Thereafter, the Restaurant.com eGift Cards will arrive monthly.
- Restaurant.com does not guarantee any delivery times and reserves the right to changes deliveries dates at any time, without notice to you.
- Restaurant.com reserves the right to discontinue or modify any services or Promotional Certificates that may be available through this Club, at any time, without notice. Offerings vary and are subject to change. Limited quantities of some Promotional Certificates are available only while supplies last.
B. Dinner of the Month Club Cancellation Policy
Restaurant.com Dinner of the Month Club Memberships are subject to the following Cancellation Policy:
- The purchaser may cancel a Dinner of the Month Club prepaid membership at any time by sending an email to Customer Service at email@example.com or by calling 1-800-979-8985 Monday through Friday, 8 a.m. to 8 p.m., Central Standard Time and 8 a.m. to 1 p.m. on Saturday.
- Credits in the form of Restaurant.com eGift Cards will be issued the first of the month following the request, less the value of any Restaurant.com eGift Cards issued or redeemed.
- The Bonus free Restaurant.com eGift Card received with the Membership purchase (or its equivalent face value)will be voided with the cancellation.
9. Additional Terms and Conditions for all Restaurant.com Services and Promotional Discounts
This section applies to all Promotional Certificate acquired from the Restaurant.com Website or any derivative or affiliated website associated with Restaurant.com, including any Restaurant-Specific Gift Certificates, Merchant Certificates, Restaurant.com eGift Cards, and Restaurant.com Gift Cards (collectively hereinafter “Promotional Certificates”). All Prootional Certificates are offered to customers below their face value and shall be honored only in combination with additional consideration paid to the participating restaurants and merchants and subject to the Terms and Conditions of Restaurant.com and the terms and conditions of any participating restaurant or merchant, listed as a “Special Instruction.” Promotional Certificates do not provide customers with an absolute right to redeem the value of the Certificate for its full value without additional consideration paid to the participating restaurant and merchant.
By purchasing a Promotional Certificate, a customer acquires the right to print or access the Promotional Certificate or code, which is issued by any one of the numerous participating non-affiliated restaurants and merchants. Upon completion of such purchase, the customer acquires that right and has that right delivered to him or her. Whether the customer chooses to print or access the Promotional Certificate is at the customer’s sole discretion. Whether the customer chooses to use the Promotional Certificate at the participating restaurant or merchant after accessing it to get a reduction in price of a meal or a purchase is at the customer’s sole discretion. Restaurant.com and the participating restaurants and merchants encourage customers to present the Promotional Certificate at the restaurants and merchants selected by the customers specified on the Promotional Certificates to obtain the reduction in the price of their purchase.
The holder and issuer of a Restaurant-Specific Gift Certificate is the restaurant. The holder and issuer of a Merchant Certificate is the merchant. As a holder and issuer of the certificate, the restaurant or merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the restaurant or the merchant, complying with all laws, including those relating to the distribution and sale of alcohol, sales tax, etc., as well as for any unclaimed property liability arising from unredeemed Promotional Certificates.
II. CONDITIONS FOR USE of WEBSITE
"Restaurant.com" provides an interactive promotional online service operated by Restaurant.com, Inc. on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by Restaurant.com, affiliates of Restaurant.com and other third parties.
These Terms and Conditions govern the use of this Website by the End User. By using this Website (other than to read this Agreement for the first time), or by creating an account, End User agrees to comply with all of these Terms and Conditions. The right to use this Website is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Restaurant.com, and Restaurant.com shall not be responsible for any data lost while transmitting information on the Internet. While it is Restaurant.com’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Restaurant.com, access to the Website may be interrupted, delayed, suspended or terminated from time to time, and that such interruptions or delays do not grant upon the End User any rights or entitlements.
Restaurant.com shall have the right at any time to change or discontinue any aspect or feature of Restaurant.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Restaurant.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. Restaurant.com shall not be liable for any damages to the End User's equipment resulting from the use of this Website.
4. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Restaurant.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Website, including the Microsites, is the exclusive property of Restaurant.com, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF RESTAURANT.COM, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Website 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 Restaurant.com protected by copyright as a collective work under the United States copyright laws. Restaurant.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User 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. End User may download / print / save copyrighted material for End User's 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 Restaurant.com and 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. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with Restaurant.com shall not be deemed to be in the public domain but rather the exclusive property of Restaurant.com, unless such website is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of Restaurant.com, unless otherwise stated.
End User shall not upload, post or otherwise make available on this Website 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. Restaurant.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User 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 Website, End User warrants that the owner of such material has expressly granted Restaurant.com 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. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants Restaurant.com the right to edit, copy, publish and distribute any material made available on this Website by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Restaurant.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER RESTAURANT.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE 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 WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROSITES.
THIS WEBSITE AND THE MICROSITES ARE 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 RESTAURANT.COM 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 ENTIRELY WITH END USER.
IN NO EVENT SHALL RESTAURANT.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, 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 WEBSITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER RESTAURANT.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS 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 WEBSITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. 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.
RESTAURANT.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY RESTAURANT.COM. MOREOVER, RESTAURANT.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, RESTAURANT.COM, DEEMS UNSUITABLE.
Restaurant.com shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms, forums, surveys, posts, comments, etc. that may hereinafter be included as part of the Website, to determine compliance with this Agreement and any operating rules established by Restaurant.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Restaurant.com shall have the right to remove any material that Restaurant.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. License Grant.
By posting communications on or through this Website, End User shall be deemed to have granted to Restaurant.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
You agree that to the fullest extent permitted by law You shall defend, indemnify and hold harmless Restaurant.com, its affiliates and their respective directors, officers, employees and agents from and against all claims, damages, losses, costs, and expenses, including, but not limited to attorneys’ fees, legal costs and legal expenses, arising out of or resulting from this Agreement (including the performance, breach, or termination of this Agreement), Your use of this Website, and/or Your purchase or use of anything available through Restaurant.com and/or this Website (including, but not limited to, the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, Restaurant.com Gift Certificate, or Restaurant.com Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, Restaurant.com Gift Certificate, or Restaurant.com Gift Card), provided that: (1) such claim, damage, loss, cost, or expense is caused or alleged to be caused by Your negligent acts, negligent omissions, and/or fault, regardless of whether caused in part by the negligent act, negligent omission, or fault of a party indemnified hereunder; or (2) such claim, damage, loss, cost, or expense is caused or alleged to be caused by the negligent acts, negligent omissions, and/or fault of Restaurant.com, its affiliates and their respective directors, officers, employees and agents and provided such claim, damage, loss, cost, or expense is not caused by the sole negligence or fault of a party indemnified hereunder.
Restaurant.com may terminate this Agreement at any time. Without limiting the foregoing, Restaurant.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Restaurant.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 4, 5, 6, 9, 10, 12, 13, 14, 15, and 16 will survive termination of this Agreement.
Restaurant.com is a trademark of Restaurant.com, Inc. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Restaurant.com are the property of their respective owners.
13. Third Party Content.
Restaurant.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Restaurant.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of Restaurant.com. Neither Restaurant.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Restaurant.com. Restaurant.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Restaurant.com by anyone other than authorized Restaurant.com employee spokespersons while acting in official capacities. Under no circumstances will Restaurant.com be liable for any loss or damage caused by End User's reliance on information obtained through Restaurant.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Restaurant.com.
Restaurant.com contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Restaurant.com of the contents on such third-party websites and Restaurant.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Restaurant.com expressly permitting you to do so, you may not provide a hyperlink to the Website from any other website. Restaurant.com reserves the right to revoke its consent to any link at any time in its sole discretion.
14. Applicable Law
Restaurant.com’s headquarters are in Arlington Heights, Illinois. You and We agree that any and all disputes arising out of or related to this Agreement (including the performance, breach, or termination of this Agreement), Your use of the Website, and/or Your purchase or use of anything available through Restaurant.com and/or the Website (including the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, Restaurant.com Gift Certificate, or Restaurant.com Gift Card, and/or the use of a Restaurant-Specific Gift Certificate, Merchant Certificate, Restaurant.com Gift Certificate, or Restaurant.com Gift Card) shall be governed by and in accordance with the laws of the State of Illinois (exclusive of its rules regarding conflict of laws).
15. DISPUTE RESOLUTION AND MANDATORY ARBITRATION
ALL DISPUTES SUBJECT TO THIS AGREEMENT SHALL BE RESOLVED IN BINDING ARBITRATION IN ACCORDANCE WITH THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1, ET SEQ. BY AGREEING TO THESE TERMS AND CONDITIONS, YOU AGREE TO BE BOUND TO RESOLVE ALL DISPUTES IN ARBITRATION AND ACKNOWLEDGE THAT YOU ARE FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT. ARBITRATION WILL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) PURSUANT TO THE AAA COMMERCIAL ARBITRATION RULES. THE RULES IN ARBITRATION ARE DIFFERENT AND REVIEW IS LIMITED. AN ARBITRATION CAN AWARD THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME LIMITATIONS IN THE AGREEMENT AS A COURT WOULD.
a. DISPUTES SUBJECT TO ARBITRATION
YOU AND WE BOTH AGREE THAT ANY CONTROVERSY OR CLAIM (INCLUDING CLAIMS ALLEGING VIOLATIONS OF COMMON LAW AND/OR ANY AND ALL STATE OR FEDERAL STATUTES OR REGULATIONS) ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING THE PERFORMANCE, BREACH, OR TERMINATION OF THIS AGREEMENT AND/OR THE PURCHASE OF ANYTHING PROVIDED UNDER OR IN CONNECTION WITH THIS AGREEMENT), YOUR USE OF THE WEBSITE, AND/OR YOUR PURCHASE OF ANYTHING AVAILABLE THROUGH RESTAURANT.COM AND/OR THE WEBSITE (INCLUDING the purchase of the right to print a Restaurant-Specific Gift Certificate, Merchant Certificate, Restaurant.com gift Certificate, or Restaurant.com Gift Card, and/or the use of a Restaurant-Specific gift Certificate, Merchant Certificate, Restaurant.com gift Certificate, or Restaurant.com Gift Card) WILL BE SUBJECT TO ARBITRATION PURSUANT TO THIS AGREEMENT.
THIS DOES NOT CHANGE YOUR SUBSTANTIVE RIGHTS, JUST THE FORUM FOR RESOLVING DISPUTES.
b. ATTORNEYS’ FEES MAY BE RECOVERED IN ARBITRATION
IN AN ARBITRATION, YOU AND WE BOTH AGREE TO BE RESPONSIBLE FOR PAYMENT OF OUR OWN ATTORNEYS’ FEES. HOWEVER, IF AN APPLICABLE STATUTE PROVIDES FOR AN AWARD OF ATTORNEYS’ FEES, AN ARBITRATOR CAN AWARD ATTORNEYS’ FEES.
c. LOCATION OF ARBITRATION
YOU AND WE BOTH AGREE THAT ANY ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT SHALL OCCUR IN CHICAGO, ILLINOIS.
d. ENFORCEMENT OF ARBITRATION AWARD
YOU AND WE BOTH AGREE THAT ANY ENFORCEMENT OF AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT MUST BE BROUGHT IN THE STATE COURTS OF THE STATE OF ILLINOIS AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
e. WAIVER OF CLASS ARBITRATION AND REPRESENTATIVE CLAIMS IN ARBITRATION
ALL ARBITRATION PROCEEDINGS SHALL BE INDIVIDUAL ARBITRATIONS, AND YOU EXPRESSLY AGREE THAT NO OTHER CLAIMS MAY BE JOINED WITH YOUR CLAIMS. IN ADDITION, YOU AGREE THAT YOU HAVE VOLUNTARILY WAIVED THE RIGHT TO FILE OR JOIN A CLASS ACTION LAWSUIT AND EXPRESSLY ACKNOWLEDGE THAT THE PARTIES REJECT CLASS ARBITRATION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN, SUE ON BEHALF OF A PUTATIVE CLASS OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OF THE WEB-SITE OR PURCHASERS OR USERS OF ANYTHING AVAILABLE THOUGH RESTAURANT.COM AND/OR THIS WEBSITE, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE, A CLASS ACTION, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
YOU AND WE AGREE THAT IF FOR ANY REASON ANY PROVISION OF THIS PARAGRAPH 15, WITH THE EXCEPTION OF THE WAIVER OF CLASS ARBITRATION SET FORTH IN PARAGRAPH 15(E) OF THIS AGREEMENT, IS DEEMED INVALID OR UNENFORCEABLE BY ANY ARBITRATOR OR COURT, THAT PROVISION SHALL BE SEVERED AND THUS REMOVED FROM THIS AGREEMENT, AND THE AGREEMENT TO ARBITRATE SHALL OTHERWISE REMAIN BINDING ON YOU AND WE BOTH.
IF A COURT OR ARBITRATOR DETERMINES THAT THE WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS SET FORTH IN PARAGRAPH 15(E) IS INVALID OR UNENFORCEABLE, YOU AND WE BOTH AGREE THAT THE ARBITRATION AGREEMENT SET FORTH IN PARAGRAPH 15 OF THIS AGREEMENT WILL NOT APPLY AND ANY DISPUTE SUBJECT TO ARBITRATION (AS DEFINED IN SECTION 15 A) SHALL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION IN THE STATE OR FEDERAL COURTS IN ILLINOIS. THAT IS, YOU AND WE AGREE THAT PARAGRAPH 15(E) PROHIBITING CLASS ACTIONS CANNOT BE SEVERED FROM THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED TO IN WRITING, IT IS THE EXPRESS INTENTION OF BOTH PARTIES NOT TO PROCEED WITH ANY DISPUTE BY WAY OF CLASS ARBITRATION.
This Agreement and any operating rules for Restaurant.com established by Restaurant.com 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.