Terms of Service

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Terms of Service

By accessing and/or using the website www.webdiner.com and/or creating a User Account with Webdiner (“Service”), you are agreeing to be bound by these terms and conditions (“Terms of Service”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.  If you do not agree with any of these terms, you are prohibited from using or accessing this site. Webdiner, LLC (“Company”) reserves the right to update and change the Terms of Service without notice.  Violation of any of the Terms of Service may result in the termination of your account.

DISCLAIMER

The materials on Company’s website are provided on an ‘as is’ basis.  Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Service, materials on Company’s website or on any sites linked to this site. 

The materials appearing on Company’s website could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its website are accurate, complete or current.  Company may make changes to the materials contained on its website any any time without notice.  However, Company does not make any commitment to update the materials.

LINKS

Company has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by 

Account Terms

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account). You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws). You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.

Payment, Upgrading and Downgrading Terms

For any upgrade or downgrade in plan level, will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles. Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. I authorize Webdiner LLC to transact recurring credit card transactions to the account designated in assigned invoice. I hereby request my Financial Institution to accept and honor debit and/or credit entries from my account. I request that this authorization continue to apply for any subsequent payments or changes in products or services until revoked by me(client) in writing, allowing fifteen (15) days upon receipt of the notice for Webdiner LLC to act upon the request. Transactions will be processed at the time payment is due to Webdiner LLC. This preauthorized payment agreement will remain in effect until revoked by Webdiner LLC or until revoked by me(client) in writing.

Cancellation and Termination

Account cancellation requires 30 day written or emailed notice to Company. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Webdiner site or the Service itself. The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Intellectual Property & License Rights 

All rights, title and interest in and to the Service, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Company Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively “Intellectual Property”)), and any derivations thereof, are owned by and/or licensed to Company.

Subject to your full compliance with the Company Terms of Service and timely payment of all applicable monthly fees, Company hereby grants you, upon creating your User Account and for as long as Company wishes to provide to you the Service, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Company Service, Intellectual Property, and Licensed Content, solely as expressly permitted under the Company Terms of Service, and solely within the Company’s discretion.

The Company Terms of Service do not convey any right or interest in or to Company’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above.  Nothing in the Company Terms of Service constitutes an assignment or waiver of Company’s Intellectual Property rights under any law.  Company retains all Intellectual Property rights to the website, graphics, code and design that Company creates for a User Account.  

Under the license, you may not: copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate/transfer to another service or server, “mirror” the materials on any other server, translate, compile, decompile or disassemble the website, the Services (or any part thereof), and Intellectual Property owned by Company or Third Party services for use and display within your platform/website and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Company’s prior written and specific consent and/or as expressly permitted under the Company Terms of Service.  You acknowledge and agree that your failure to abide by the foregoing or any misrepresentation made by you herein may result in the immediate termination of your account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such services.  Upon termination of this license, you must destroy any downloaded materials in your possession whether electronic or printed format.

Technical Support

Support – Membership includes access to email support.  Email Support means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Webdiner to respond within one business day) concerning the use of the Membership.  Membership includes access to your dedicated account manager via telephone, or other VOIP interfaces.  Time allotted is at the discretion of Webdiner Account Manager and client.  Weekly telephone meetings are recommended and made available.