Terms of Use Important Legal Notices
Before using this Web site, please read the Terms of Use set forth below.
By using this Web site, you agree to be bound by the Terms of Use. Creative
Resources and Products, Inc. and its affiliates and subsidiaries ("We" or
such conjugation thereof as the context may require) reserve the right to
review and revise the Terms of Use from time to time without prior notice
and, by using this site subsequent to any revision of the Terms of Use,
you agree to be bound by such changes. If you find the Terms of Use to be
unacceptable, you must immediately terminate your use of this Web site.
1. No Representations Or Warranties
The services provided on this Web site and the content, information,
documents, graphics and images published at this Web site could include
inaccuracies, typographical errors or other errors. We make no commitment,
however, to update what is contained in this Web site. No warranty is made
to the accuracy of any restaurant information, menu items and/or item pricing.
Furthermore, we reserve the right to temporarily, or permanently, modify,
alter, discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS WEB
SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH
WARRANTIES.
Users of this Web site should not rely upon opinions expressed at this Web
site when making business, financial, personal or other decisions.
Furthermore, we do not endorse the opinions of third parties expressed on
this Web site or on linked Web sites.
2. User Warnings/User Conduct
We make certain services available, including without limitation, restaurant
reviews and other community services provided that you agree to abide by the
terms and conditions contained in these Terms of Use. Without limiting the
generality of the foregoing, in consideration for our providing such services,
you also agree not to:
violate any applicable law, regulation or rule; harass, offend, threaten,
embarrass, distress or invade the privacy of any individual or entity;
post or transmit any commercial, advertising or promotional materials, including
without limitation, "spam" or mass distributions; provide false information on
your restaurant reservation requests or impersonate another person at any point;
post or transmit false, inappropriate, improper, disorderly or excessive
messages or information; or post any material that infringes upon any third
party's copyright, trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without liability
to you, ban you from any and all services and take any other action we deem
appropriate in our sole discretion. With reference to any services we provide,
you acknowledge that we may, from time to time, without notice to you and at
our sole discretion, establish various practices, limitations and restrictions
for administering such services, and you agree to be bound by such practices.
You agree that we are not responsible or liable for loss of emails,
communications, postings, reservations, data or information as a result of,
or arising out of, our administration of such services. We assume no
responsibility for the accuracy, integrity, quality completeness, usefulness
or value of any content, data, documents, graphics, images, information,
advice, or opinion contained in any community services, or in any other public
services, and do not endorse any advice or opinion contained therein. Except
for restaurant reviews, which we review and may edit before posting, we do not
monitor or control such services, although we reserve the right to do so.
We may take any action we deem appropriate, in our sole discretion, to maintain
the high quality of our service and to protect ourselves and others.
3. Web Site Links And Third-Party Sites
This Web site may contain links to other Web sites that are independent of
this Web site. We make no representation or warranty as to the accuracy,
value, integrity, completeness or authenticity of the information or opinions
contained in any such linked Web site, and any link to another Web site shall
not in any manner be construed as an endorsement by us of that Web site, or
of the products or services described therein. Furthermore, these links may
lead to sites or links that contain offensive and objectionable content or
which may contain dangerous computer viruses. You assume, and we hereby disclaim,
all responsibility for any of the content on these sites or for any damage
sustained by users of these sites.
4. Confidentiality
We cannot guarantee your confidential use of this site. We shall not be
responsible for any harm that you or any person may suffer as a result of
a breach of confidentiality in respect to your use of this site.
5. Security
You may have an account and password. You are responsible for maintaining
the confidentiality of your password and account information and are fully
responsible for all conduct carried out under this password and account.
We are not liable for any loss of confidentiality or for any damages arising
from your failure to comply with these terms. You will promptly report any
unauthorized use of your password to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE
TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL
OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER) ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER
MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR
LINKED WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM
"DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS,
BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION
HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT
REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A
SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER
CONTENT AND MATERIALS.
7. Ownership
All right, title and interest (including all copyrights, trademarks and
other intellectual property rights) in this Web site belong to us or our
licensors. In addition, the names, images and other indicia identifying
our products and services are our proprietary marks. A partial list of
trademarks owned by us is set forth in Section 14 of these Terms of Use.
All other copyrights, trademarks and other intellectual property rights
referred to in this Web site belong to their respective owners.
8. License
Nothing contained in this Web site shall be construed as conferring any
license or right, expressly, by implication, by estoppel or otherwise,
under any of our intellectual property rights, or under any third party's
intellectual property rights, and no part of this Web site may be reproduced,
republished, copied, transmitted, or distributed in any form or by any means.
9. Claims of Copyright Infringement
a-menu.com respects the intellectual property of others
and may, in appropriate circumstances and at its discretion, terminate the
accounts of users who infringe the intellectual property rights of others.
If you believe that any material on this Web site infringes on any copyright
that you own or control, or that any link on this Web site directs you to
another Web site that contains material that infringes on any copyright that
you own or control, you may notify a-menu.com by
providing its copyright agent the information required by the Online Copyright
Infringement Liability Limitation Act of the Digital Millennium Copyright
Act, 17 U.S.C § 512. a-menu.com's agent for notice of
claims of copyright infringement on or regarding this Web site can be
reached as follows:
By mail: 2310 Interstate 20 W, Arlington, TX 76017
By phone: (817) 856-6080
By fax: (817) 856-6085
10. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS, DIRECTORS,
EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS,
PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES, CLAIMS,
DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE DUE TO,
OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE, ANY SERVICES THEREIN, OR
FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL PROPERTY RIGHTS OR OTHER
RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE CONTROL OF ANY DEFENSE OR
ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU AGREE TO COOPERATE WITH
US IN SUCH EVENT.
11. Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE
LAWS OF THE STATE OF TEXAS, USA, AS THEY APPLY TO AGREEMENTS MADE AND SOLELY
PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN TARRANT
COUNTY, TEXAS, USA, AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION
EXCEPT IN THE FOREGOING COURTS.
12. International Use
We do not represent that all content, materials and services on our Web site
are appropriate or available for use in all geographic locations, especially
some locations outside the United States, and accessing such from certain
locations may be illegal and prohibited. Those who do access content, materials
and services from such locations act on their own initiative and we are not
responsible for their compliance with local laws or other applicable laws. You
will not access the foregoing where prohibited by law.
13. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained on this Web
site and constitute the entire agreement with respect to your access to and use
of this Web site. We may modify these Terms of Use at any time by posting
revised Terms of Use on our Web site and your continuing use of such Web site
and the services constitutes your agreement to be bound by such modified Terms
of Use. Any provision of these Terms of Use which is determined by a court of
competent jurisdiction to be unenforceable in any jurisdiction shall be
severable from these Terms of Use in that jurisdiction without in any way
invalidating the remaining provisions of these Terms of Use. The unenforceability
of any provision in a given jurisdiction shall not make that
provision unenforceable in any other jurisdiction. Any litigation arising out
of or in connection with these Terms of Use or your use of our services must
be commenced within one (1) year after the cause of action arose, or it will
be permanently barred.
14. Trademarks
For a complete and current list of the trademarks and service marks owned by
a-menu.com, please send an email to support@a-menu.com.
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