MyDiningList
MyDiningList
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Terms of Use

Welcome to MyDiningList

By accessing our servers, websites, or content therefrom (together, “MyDiningList”), you agree to these Terms of Use ("TOU"), last updated June 12, 2019.

License

If you are 18 or older, we grant you a limited, revocable, nonexclusive, non assignable, non sublicensable license to access MyDiningList in compliance with these Terms of Use; unlicensed access is unauthorized. You agree not to license, make derivative works, display, sell, or "frame" content from MyDiningList except those provided to you by us. 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 may post.

Your information

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.

Fees

Your first MyDiningList is free for 30 days. After that, a full-year subscription is $14.95 per year (unless offered a lower price) for each rental unit street location added to your account. Fees are charged when you start your paid 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.

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 us for our service, you authorize us to charge your registered credit card for your appropriate MyDiningList fees, including annual fees and renewals. Unless noted, fees are in US dollars; tax is additional. Rental Hosts get a full-money back guarantee: Cancel any time during your subscription and tell us why you are canceling (so we can improve our service) and we will refund your payment.

Use

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").

Moderation

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.

Disclaimer

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

  1. We make no promise as to MyDiningList.com, its completeness, accuracy, availability, timeliness, propriety, security or reliability;
  2. You access and use are at your own risk, and MyDiningList.com is provided "AS IS" and "AS AVAILABLE";
  3. We are not liable for any harm resulting from
    • user content;
    • user conduct, e.g. illegal conduct;
    • your MyDiningList.com use;
    • our representations;
  4. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES ("MyDiningList ENTITIES"), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
  5. 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);
  6. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

Claims

You agree to following claims

  1. 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;
  2. Claims must be resolved exclusively by state or federal court in Naples, FL (except we may seek injunctive remedy anywhere);
  3. To submit to personal jurisdiction of said courts;
  4. Any Claim must be filed by 1 year after it arose or be forever barred;
  5. Not to bring or take part in a class action against MyDiningList.com Entities;
  6. (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.

Misc

Users complying with prior written licenses may access MyDiningList.com thereby until authorization is terminated. Otherwise, this is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls. See Privacy Policy for how we collect, use and share data.

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