Welcome to MyDiningList
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 promote the service to consumers and/or 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.
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.