Welcome to MyDiningList
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access MyDiningList in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" content from MyDiningList, excluding the lists of restaurants you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, duplicate and make derivative works from content, including any and all restaurant lists you post.
When you sign-up as a rental host, you grant us full and absolute rights to use your image, name, restaurant recommendation list(s), page view counts and other information when we market the service to restaurants.
When you sign-up as a restaurant, you grant us the right to use your pictures, menu, coupons, etc to promote your restaurant to travelers.
MyDiningList charges hosts a $9.99 annual fee for restaurant lists created for a rental unit street location. Fees are charged at the time the rental unit street location is added to your account and are automatically renewed unless you cancel during your annual subscription.
There are no charges for a guest to view any list and there is no charge for a restaurant to get recommended by a host. Restaurants can optionally subscribe to an enhancement bundle MyDiningList offers restaurants. Fees for restaurant enhancements are paid annually, in advance, and are identified at the time each restaurant subscribes.
If you choose to pay for our service, you authorize us to charge your registered credit card for your appropriate MyDiningList fees. Unless noted, fees are in US dollars; tax is additional.
100% Money-Back Guarantee
We offer hosts a 100% money-back guarantee. At anytime during your subscription, if you or your guests are unhappy with our service, notify us and cancel. We will then refund your current annual payments.
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with MyDiningList.com, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings. You agree not to collect users' personal and/or contact information ("PI").
You agree we may moderate MyDiningList.com access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.
MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
To the extent permitted by law
- We make no promise as to MyDiningList.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability;
- You access and use are at your own risk, and MyDiningList.com is provided "AS IS" and "AS AVAILABLE";
We are not liable for any harm resulting from
- user content;
- user conduct, e.g. illegal conduct;
- your MyDiningList.com use;
- our representations;
- WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("MyDiningList ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
- MyDiningList.com ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL);
- IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.
You agree to following claims
- Any claim, cause of action or dispute ("Claim") arising out of or related to the TOU or your MyDiningList use is governed by USA and Florida ("FL") law regardless of your location or any conflict or choice of law principle;
- Claims must be resolved exclusively by state or federal court in Naples, FL (except we may seek injunctive remedy anywhere);
- To submit to personal jurisdiction of said courts;
- Any Claim must be filed by 1 year after it arose or be forever barred;
- Not to bring or take part in a class action against MyDiningList.com Entities;
- (Except government agencies) to indemnify MyDiningList.com Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your MyDiningList.com use.