This website is owned by My Fair Offer, Inc. dba DineOutCharlotte.com or such other names as may be used in the course of business (the “Company”). Before using this site, please read these terms and conditions. You signify your acceptance of these terms and conditions of service by clicking the "Accept" button or continuing to access or use this Site, or any service available on or through this Site. At any time and from time to time, Company may modify the terms and conditions of access and use of this Site. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this Site. Your use of the Site, or any service on this Site, after Company has the posted modifications to these terms and conditions of service will constitute your acceptance of any and all additional terms and conditions of service, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Company and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
Company is an Internet-based e-commerce platform for business members (the "Members") to purchase specially priced products or services of third party merchants ( the “Partner Member”) through our website located at http://www.DineOutCharlotte.com and other online areas owned or operated by us.Registration Obligations.
In consideration of your use of the Service, you agree to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Service's sign up form (the "Sign Up Information") and (ii) where applicable and appropriate, maintain and promptly update the Sign Up Information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or if Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate your Company account and refuse any and all current or future use of the Service. You may not use the Service for any illegal purpose or in any manner inconsistent with the terms and conditions of service.
Company reserves the right at any time to charge and/or increase fees for access to portions of the Service or the Service as a whole. In no event will you be charged for access to portions of the Service or to the Service unless Company obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the Service by Company or by any other vendor or service provider. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other services. Late fees may be assessed for rent payments made by credit, on-line electronic checking or pay-by-phone media, which occur after the late dates and or grace periods as established in our agreements with Participating Affiliates. [Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Company receives all fees and charges payable by you, including the Prepaid Fee.
For payments you believe were improperly made, Company may, in its sole discretion, void, rescind or issue a credit for your payment made through the Service at any time prior to the remittance of such payment to your Participating Affiliate. If a payment dispute arises after payment is forwarded to your Participating Affiliate, the responsibility to settle the payment dispute rests with you and Participating Affiliate. You agree that under all circumstances, the maximum liability of the Company to you shall be limited to actually payments made by you. The Company shall not be liable to you for delays or denials of credits or refunds by any third-party with which you conduct through the Company site or service.
Either you or Company may cancel use of the Service with or without cause at any time and effective immediately but subject to any written agreement or contract you may otherwise have. You may cancel the Service by calling 1-855-937-3247 or by sending an e-mail to [customerservice@DineOutCharlotte.com] to request discontinuance of the Service and destroying all materials obtained from the Service. You will remain liable for all outstanding payments and fees due at the time of cancellation. Company may terminate the Service immediately without notice if you, in Company’s sole discretion, fail to comply with any provision of these terms and conditions of service. Upon termination by you or upon notice of termination by Company, you must destroy promptly all materials obtained from the Service and any copies thereof.
You will create a password and account designation when completing the sign up process for the Service. You are solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities occurring under your password or account. You agree to notify Company immediately if you notice unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any damage or loss arising from your failure to comply with this Section.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the terms and conditions of service. Should you choose to download content from the Service, you must do so in accordance with the terms and conditions of service. Such download is licensed to you by Company only for your own personal, noncommercial use in accordance with the terms and conditions of service and does not transfer any other rights to you.
This Site and all Site design, including but not limited to text, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the US and other countries. Company's Service is also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Service are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Service. Any use of materials on this Site, other than as permitted under this agreement including reproduction, modification, distribution, or republication, without prior written permission of Company is absolutely prohibited.
The information, services, products, and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an "AS IS" basis with no warranty. To the maximum extent permitted by law, Company disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products, and materials, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. DineOutCharlotte.com and its employees, representatives, agents and suppliers, against any claim, suit, action or other proceeding brought against Company , its employees, representatives, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Company , its employees, representatives, suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation, including false or inaccurate Sign Up Information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
You and Company agree that all actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be litigated in local, state or federal court located in Los Angeles County in the State of California( Mike this you intend to use CA here?). You further hereby consent and submit to the jurisdiction of any local, state or federal courts located within said state and hereby waive any right to transfer or change the venue of any such litigation. All actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be governed and controlled by application of the laws of the State of California as to interpretation, enforcement, validity, construction, effect and in all other respects.
You acknowledge that Company has the right to change the content or technical specifications of any aspect of the Service at any time at Company's sole discretion. You further accept that any such changes may result in your being unable to access the Service.
The captions and headings appearing in terms and condition of service are for reference only and will not be considered in construing this agreement.
If any provision of the terms and conditions of service, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect as the original provision and the remainder of this agreement will remain in full force.
These terms and conditions of service including the Sign Up Information contain the entire understanding and agreement between the you and Company with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
By clicking the "Accept" button you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the Company service. You further represent and agree that: (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the Service in accordance with the terms and conditions of service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Service.
In order to supply you with your User I.D. and password, we need your e-mail address. So that we may provide you with additional services, we may also request your name, geographical location, and telephone number. We will never sell, rent or share your personal information, including your e-mail address, with any third parties for marketing purposes without your express permission. We may share your personal information for the purpose of delivering our e-mail to you or as required by law.
We may also request non-personally identifiable information, such as [annual income, buying preferences, or age], also known as demographic and profile data, though this information is optional. We may use this data to improve our site and/or tailor your experience at our site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in advertising in the email send out or our site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
In addition to collecting personal and non-personal information, we may also collect non-personal, aggregated information about subscribers' use of email and our site. This information is not personally identifiable and will only be used to find out how subscribers use our service and site. For example, this information will tell us how much time users spend on our site, from which other sites subscribers came, and to what other sites subscribers go. The collection of this information allows us to, among other things, prepare for traffic load demands and to efficiently deliver our service.
If we ever send you information by e-mail concerning new products or services that you did not expressly request, we will provide you with an e-mail address by which you may request no future notices.
In the course of serving advertisements to this site, our third-party advertisers may place or recognize a unique cookie on your browser.
As part of the service, we may create links allowing you to access third party sites. We are not responsible for the content that appears on those sites and does not endorse these sites. Please consult those sites' individual privacy policies in order to determine how they treat user information.
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the proceeding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by the Company pursuant to Section 1798.83 of the California Civil Code, please contact us via email to registration@DineOutCharlotte.com
All information described above is stored on restricted database servers.