Terms of Service, Copyright & Privacy Notice
Terms of Service
By using this site (the “Site”), you (“you” or the “End User”) agree to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, we request that you immediately refrain from using the Site.
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General
a.) The Site provides an interactive online service (the “Service”) operated by Restauranteers LLC (“Restauranteers”) on the World Wide Web (the “Web”), offering its customers discounts to goods and services of third-party merchants (“Merchants”).
b.) The End User agrees to comply with all of the Terms and Conditions.
c.) The End User shall be responsible for protecting the confidentiality of End User’s password(s).
d.) The Site may be unavailable from time to time for any reason.
e.) Restauranteers shall have the right at any time to change any aspect or feature of the Site.
f.) You represent that you are of legal age to form a binding contract.
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Free Trial
Your free trial period lasts for two weeks, or as otherwise specified during sign-up. We will begin billing your payment method (“Payment Method”) for subscription fees corresponding to your subscription plan at the end of your free trial period, providing that you do not cancel before the end of the free trial period. For that reason, unless otherwise indicated in the description of the free trial, you may be asked to set up a valid Payment Method when redeeming an offer for a free trial. To avoid being charged a subscription fee, you must cancel your subscription before midnight Pacific Time on the last day of your free trial period.
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Billing
Upon registration, you expressly agree that we are authorized to charge you a membership fee at the rate and commitment period specified, as well as any other charges you may incur in connection with your use of the Service to the Payment Method you provided during registration. Should you choose to pay per reservation (the pay-per-reservation option), you expressly agree that we are authorized to charge you for each specific reservation you make. Membership Services are fully earned upon payment of the membership fee. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. A valid credit card is required to subscribe to the Service. Restauranteers bills you through a secure online account for use of the Service. Your complete billing information is not stored on Restauranteers servers. For your protection, our secure payment gateway partner, Authorize.net, stores your complete billing information.
At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("Credits"). The amount and form of Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstances.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method, or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting the Restauranteers Site and clicking on the "View Account" link.
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Recurring Billing, Renewal
Your subscription will continue indefinitely until you cancel it. At the end of your free trial, and again after any subsequent subscription period, your subscription will automatically continue on a monthly basis. You will not receive further notice of auto-renewal.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription. However, if you change your Payment Method, this could result in changing the calendar day upon which you are billed. In the event that your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28.
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Cancellation
You may cancel your membership at any time. IN ORDER TO AVOID BEING CHARGED FOR THE NEXT MONTH, YOUR CANCELLATION REQUEST MUST BE RECEIVED BEFORE MIDNIGHT PACIFIC TIME THE DAY BEFORE YOUR SCHEDULED MONTHLY RENEWAL PAYMENT DATE. If you terminate your subscription, your subscription will remain active until the end of your then-current subscription period—namely, the subscription period through which you had paid before your termination. All reservations made for dates after your then-current subscription period will be canceled, and the restaurants at which you made reservations will be notified of the cancellation of your membership.
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Termination or Restriction
We reserve the right to terminate, suspend, or otherwise restrict your use of our Service, without notice, for any or no reason whatsoever. You agree that Restauranteers shall not be liable to you or to any third party for any termination, suspension, or restriction of the Service.
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Accurate Information
As a condition of your use of the Service, you agree to (a) provide Restauranteers with true, accurate, current and complete information as prompted by the Restauranteers’ registration forms when registering for or using the Service, and to (b) update and maintain the truthfulness, accuracy and completeness of such information.
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Reservation Policies
You agree to cancel any reservation that you will be unable to honor at least 30 minutes before the reservation. You further agree to use the Services only to book reservations at participating restaurants and then to honor those reservations by arriving at the restaurants on time and ordering and paying for a meal. The resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation of your membership. Reservations are subject to the terms of each restaurant with which you make a reservation.
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Equipment
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site.
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End-User Conduct
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, etc.
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Privacy
These Terms and Conditions incorporate the entirety of Restauranteers’ Privacy Policy, which is posted on the Site and available at Privacy Policy.
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Copyright and Trademarks
Everything located on or in this Site, including the Microsites, is the exclusive property of Restauranteers or used with the express permission of the copyright and/or trademark owner.
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Copyright Policy
Restauranteers reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon the copyright owner’s, or the copyright owner’s legal agent’s, prompt notification to Restauranteers.
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Disclaimer of Warranty
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK.
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Limitation of Liability
YOU AGREE THAT RESTAURANTEERS WILL NOT BE HELD LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THIS SITE. YOU UNDERSTAND THAT RESTAURANTEERS IS NOT THE SELLER OF THE GOODS OR SERVICES ADVERTISED ON THE SITE. RESTAURANTEERS IS A SERVICE PROVIDER AND TRANSACTION HANDLER FOR MERCHANTS. RESTAURANTEERS IS NOT THE AGENT OF ANY MERCHANT AND TAKES NO RESPONSIBILITY FOR THE SERVICES OR PRODUCTS WHICH ANY MERCHANT PROVIDES.
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Monitoring
Restauranteers shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times.
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Communications
End User acknowledges that all discussions for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities are public and not private communications, and that, therefore, others may read End User’s communications without End User’s knowledge.
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License Grant
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Restauranteers a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, display, publish, distribute and transmit such communications.
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Indemnification
You agree to defend, indemnify and hold harmless Restauranteers, its affiliates and their respective directors, officers, employees and agents from all liabilities, claims, damages, losses and expenses, including attorneys’ fees that arise from your use of this Site. Restauranteers reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Restauranteers in asserting any available defenses.
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Trademarks
Restauranteers and Restauranteers LLC are trademarks of Restauranteers, the use of which is subject to the express written consent of Restauranteers.
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Third-Party Content
Restauranteers, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Restauranteers has no more editorial control over such content than does a public library, bookstore or newsstand.
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Modifications
Restauranteers reserves the right at all times to discontinue or modify any of our Terms and Conditions and/or our Privacy Policy as Restauranteers deems necessary or desirable.
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Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to the conflict of law principles thereof. You irrevocably consent to the exclusive personal jurisdiction (except as to actions for the enforcement of a judgment, in which case the jurisdiction will be non-exclusive) of the federal and state courts located in the State of Washington.
If you have any questions about these Terms and Conditions, please contact us on our Contact Us form, or by standard mail at
Restauranteers LLC
2100 Westlake Ave. N. Suite 104
Seattle, WA 98109
Privacy Policy
Restauranteers is committed to protecting your privacy when visiting Restauranteers.com. To better protect your privacy, we provide this “Privacy Policy,” which explains our online information practices and the choices you can make about the way information you submit to us through Restauranteers.com is collected, used and/or disclosed.
BY ACCESSING OR USING THE RESTAURANTEERS.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS PRIVACY POLICY, AS WELL AS TO OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS PRIVACY POLICY, OR TO ALL OF OUR WEBSITE TERMS OF USE, PLEASE EXIT THIS PAGE AND DO NOT ACCESS OR USE THE RESTAURANTEERS.COM WEBSITE. YOUR CONTINUED USE OF THE RESTAURANTEERS.COM WEBSITE CONSTITUTES YOUR EXPRESS CONSENT TO THE PROCESSING OF YOUR “PERSONAL INFORMATION” ACCORDING TO THIS PRIVACY POLICY.
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Revisions to Privacy Policy
This Privacy Policy is subject to occasional revision at our discretion. Should we make any substantial changes as to how we use your Personal Information, we will post an alert on this page or may otherwise post an alert on the Restauranteers blog, located at http://blog.restauranteers.com/. If you object to any such changes, you must immediately stop using Restauranteers.com. Continued use of Restauranteers.com following notice of any such changes shall indicate your acknowledgement of the changes and your agreement to be bound by the terms and conditions of the changes.
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Collection of Personal Information
Non-Personally Identifiable Information
When visiting Restauranteers.com, “Non-Personally Identifiable Information” can be tracked on our Site. Non-Personally Identifiable Information is information this is not associated with or linked to you personally and does not permit the identification of individual persons. This could include the IP address used to access our Site, the dates and times of your access and the URL of our Site before and after you access it. This Information is used to analyze trends, administer the Site, track users’ movement and gather demographic information. We and authorized third party service providers may automatically collect this Information when visiting our Site through the use of electronic tools, as described in Section 6.
Personally Identifiable Information
When you engage in certain activities at Restauranteers.com, such as signing-up for a contest, answering survey questions or adding a comment to a post, you are providing Personally Identifiable Information. Personally Identifiable Information is information about you that is personally identifiable, such as your name, email address, user ID number and other non-public information that is associated with the foregoing. We use this Information to better serve you, such as by enhancing our marketing and promotional efforts, improving the usability of our Site, tailoring our product offerings and administering contests.
We may provide areas on our Site where you can publicly contribute Information about yourself, restaurants and food. This Information may be accessible by other consumers and companies and may appear on other websites or web searches.
When you sign up with your email address on our Site, you will have the option to opt-in to our mail list for weekly email updates and special offers. If at a later date you wish not to receive promotional emails, please click the “Unsubscribe” link at the bottom of the email. -
Use of Personal Information
We will not share any Personal Information with other parties except as follows:
We may share your Information with authorized third party service providers. These third party service providers perform functions on our behalf such as sending promotional emails or administering contest prizes.
We may share Non-Personally Identifiable Information with partners, affiliates and advertisers. For example, we may share aggregated demographic information with third party advertisers or with potential Restauranteers merchants.
We may share your Information with third parties if required to do so by law, or if we believe that such action is necessary to (i) conform to legal requirements or comply with legal process served upon us; (ii) protect or defend our legal rights or property, the Restauranteers.com Site, or our users; or (iii) investigate, prevent or take action in response to illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of the terms and conditions for using the Restauranteers.com Site.
Please contact us at contact@restauranteers.com if you would like to change or update your Personally Identifiable Information. Please include your name, email address and the Information you would like to change. -
Additional Information Use
We may use your email for transactional purposes, as well as for promotional purposes. Transactional purposes include confirming reservations and notifying you about changes to your account. Promotional purposes include sending you newsletters about new restaurants, special discounts, events, and special third-party offers. Email messages may contain code that enables our database to track your usage of the emails to determine whether the email was opened and what links, if any, were clicked. Should you prefer not to receive promotional emails from us, please edit the preferences in your account menu or click Unsubscribe at the bottom of any promotional emails.
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Children
Protecting the privacy of children is important to us. Accordingly, we do not intentionally collect Personal Information from anyone under the age of 18, and no part of the Restauranteers.com Site is designed to attract anyone under the age of 18; nor does Restauranteers.com permit anyone under the age of 18 to use its Site. By using Restauranteers.com, you are representing that you are at least 18 years old.
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Security
The security of your Personal Information is very important to us, and we are committed to protecting the Information we collect. While no company, including us, can fully eliminate security risks, we have implemented significant industry-standard security technologies and procedures to protect your Personal Information from unauthorized access, use and disclosure.
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Google AdSense and the DoubleClick DART Cookie
Google, as a third party advertisement vendor, uses “Cookies” to serve ads on this Site. Cookies are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. In particular, Google uses DART Cookies to serve adverts to visitors that are based on their visits to this Site, as well as to other sites on the internet.
To opt-out of the DART Cookies, you may visit the GoogleAd and content network privacy policy at the following URL: http://www.google.com/privacy_ads.html. Tracking of users through the use of DART Cookies is subject to Google’s own privacy policies.
Other third party ad servers or ad networks may also use Cookies to track users’ activities on this Site to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies. Restauranteers.com has no access or control over Cookies that may be used by third party advertisers. -
Links to Third Party Websites
We have included links to third-party websites on this Site for your use and reference. We are not responsible for the privacy policies on these websites. You should be aware that the privacy policies of these sites may differ from our own.
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Contact
If you have any questions concerning this Privacy Policy, we encourage you to contact us at contact@restauranteers.com.
Last updated: August 15, 2011