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GlobalDiner.com Terms and Conditions The on-line content, resources, and all other information, graphics, photographs, products, data and services offered on, contained in or accessible through any page of GlobalDiner.com web site including without limitation all hyperlinks, communications tools, branded programming, online forums, and personalized content (collectively, the "Products and Services") provided by, or through DineSmart International Corporation (DSIC) doing business as GlobalDiner.com are made subject to the following Terms and Conditions. By using the Products and Services, you are agreeing to be bound by, and to comply with, these Terms and Conditions and any other terms and conditions or terms of service posted on any individual GlobalDiner/DSIC website. While these Terms and Conditions apply to any and all Products and Services offered through or posted on GlobalDiner or any other GlobalDiner web site, there may be additional Terms and Conditions that also apply to those Products and Services. Please read all Terms and Conditions carefully. In any case where the additional Terms and Conditions relating to any products or services offered or delivered through the GlobalDiner web site conflict with these Terms and Conditions, those additional Terms and Conditions shall supercede these Terms and Conditions to the extent of the conflict only, but shall not otherwise affect any of the Terms and Conditions or portions thereof which are not in direct conflict with those additional Terms and Conditions. Content Linked to GlobalDiner.com site GlobalDiner. com does not control the content posted on web sites to which it provides hyperlinks and as such does not guarantee the accuracy, integrity or quality of such content. GlobalDiner encourages you to exercise discretion while using the Products and Services to browse the Internet. GlobalDiner may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. GlobalDiner makes no representations concerning any effort to review the content of any of the sites listed in automated search results, guides or other directories, or any of the sites otherwise liked to the GlobalDiner site. GlobalDiner shall not be responsible for the accuracy, infringement or misappropriation of any intellectual property rights, legality, decency of material contained in any external sites or otherwise linked to the GlobalDiner site or provided to the GlobalDiner site by third parties. You acknowledge and agree that GlobalDiner is not responsible for the availability of such external sites or resources and does not endorse and is not responsible of liable for any content, advertising, products, services of other materials on or available from such sites or resources. Further, you acknowledge and agree that GlobalDiner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through any such site or resource. Changes in Terms and Conditions and Changes in Products and Services GlobalDiner reserves the right to modify, replace or terminate the Products and Services when decided by management for any reason and without notice. GlobalDiner reserves the right to modify these Terms and Conditions at any point without notice. You should review these Terms and Conditions occasionally so you will be aware of any changes. Disclaimer of Warranties GlobalDiner disclaims any and all responsibility for the accuracy, content completeness, legality, reliability, operability or availability of the Products and Services and any information or material contained therein. GlobalDiner disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. GlobalDiner disclaims any responsibility for any harm resulting from the downloading or accessing any information or material through the Products and Services. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITH NOW WARRANTIES WHATSOEVER, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBALDINER DISCLAIMS ANY WARRANTIES RELATING TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, GLOBALDINER DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. GLOBALDINER SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED, HYPERLINKED TO, OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer or implied warranties. In such jurisdictions, the foregoing disclaimers may no apply to you insofar as they relate to implied warranties. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL GLOBALDINER BE LIABLE TO ANY USER OF THE GLOBALDINER WEBSITE (A "USER") ON ACCOUNT OF SUCH USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF GLOBALDINER/DSIC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN OR IN CONNECTION WITH THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY PRODUCTS AND SERVICES. THE LIMITATION OF LIABILITY CONTAINED IN THIS PARAGRAPH SHALL APPLY WITHOUT LIMITATION TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OF RELATED IN ANY WAY TO, THE GLOBALDINER WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OR ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you. Under no circumstances will GlobalDiner be held liable for any delay or failure in performance resulting directly, or indirectly from acts of nature, forces or causes beyond its sole control, including without limitation Internet failures, phone line, DSL, ISDN, ITFS (microwave), cable, satellite, or other connectivity disruptions, computer equipment failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosion, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss or fluctuations in heat, light or air conditioning. Any sites displayed as search results, otherwise hyperlinked to the GlobalDiner website, or operated or provided to the GlobalDiner website by third parties are developed by people over whom GlobalDiner/DSIC exercises no control. GlobalDiner has not, cannot and will not make any attempt to screen sites before including them on the GlobalDiner website or in the catalogues from which automated search results are gathered. Accordingly, GlobalDiner/DSIC assumes no responsibility for the content of any site included in any search results or otherwise hyperlinked to the GlobalDiner website. Copyright, Trademark and Patent Notices GlobalDiner® is a registered trademark of DineSmart International Corporation. All other marks that appear through the Products and Services belong to GlobalDiner and/or the Informational Providers. Except for a singly temporary copy in a single computer's memory or another fair use under applicable copyright laws, the information contained herein may not otherwise be used (not copied, performed, displayed, distributed, rented sublicensed, altered, stored for subsequent use, et.v in whole or in part, in any manner) without GlobalDiner/DSIC and the Informational Providers permission. Indemnity and Release By accessing, browsing through and using GlobalDiner website you agree to indemnify GlobalDiner its parents (DSIC), subsidiaries, affiliates, officers, and employees and hold them harmless from any and all claims and expenses, including without limitation attorney's fees, arising from or based upon your use of the GlobalDiner website. By using the GlobalDiner site you hereby agree to release GlobalDiner and its parents (DSIC), subsidiaries, affiliates, officers, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential). costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against any of them arising out of or in any way related to such disputes and/or to the Products and Services. You hereby agree to waive all laws that may limit the efficacy of such releases. International Mall Notice and Disclaimer DISCLAIMER TO USERS: GlobalDiner has created the International Mall webpage for the convenience of our users. The websites hyperlinked from GlobalDiner SHOPS' Interntaional Mall are owned and operated by independent retailers, and therefore, we make no representations or warranties with respect to their Products and Services. By accessing the GlobalDiner SHOPS' International Mall you acknowledge and agree to the following terms and conditions. The merchandise, products or services (collectively, the "Merchandise") offered to you through links in GlobalDiner SHOPS' International Mall are provided by third parties who are not affiliated with, or sponsored or endorsed, by GlobalDiner/DSIC. GlobalDiner does not endorse the Merchandise, nor has GlobalDiner taken any steps to confirm the accuracy of reliability of any of the information contained in such third parties' submissions to GlobalDiner SHOPS or such their parties' web sites. GlobalDiner cannot, and does not, make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party. YOU ARE STRONGLY ENCOURAGED TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF THESE THIRD PARTIES. BEFORE USING THE GLOBALDINER SHOPS, PLEASE CAREFULLY REREAD THE CAPITALIZED WORDS SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. All aspects of GlobalDiner SHOPS, including the purchase of any Products and Services, are subject to GlobalDiner's Terms and Conditions, including the Disclaimer of Warranties and Limitation of Liability. Violations of Terms and Conditions Should you violate these Terms and Conditions of any other rights of GlobalDiner/DSIC, GlobalDiner/DSIC reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts and privileges. If GlobalDiner should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions. If a court should find that one or more of these rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect.
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