Terms of Use
1. Agreement Between the Customer (Customer) and Dinner Delivery Plus:
This Web site is offered to you, the customer ("You"), by Dinner Delivery Plus. ("Us", "We", "Dinner Delivery Plus") conditioned on your acceptance without modification of the terms, conditions, and notices contained in this agreement ("Agreement"). Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.
2. Validity of and Payment for Orders; Taxes:
When a customer submits an order to Dinner Delivery Plus's web site, the order is considered valid upon submission. Once your order is submitted to Dinner Delivery Plus, we will be responsible for delivering your order in a timely manner. The customer is responsible for immediate payment in full when the product is delivered. Customer is responsible for payment of all goods and services Customer orders, including the cost of any and all additional items Customer adds to the Customer's order. In the event the Customer fails to timely pay for the additional goods and/or services, Dinner Delivery Plus reserves the right to pursue the Customer by any and all legal means to collect on amounts due and owing.
3. Transmission of Order to Restaurant:
Dinner Delivery Plus will be responsible for transmitting orders placed on our site to restuarants in a timely manner after submission. Dinner Delivery Plus is not responsible for any delay in transmission of such order due to failures of telecommunications media utilized by Dinner Delivery Plus or by restaurants. Customer acknowledges that delays may occur in transmission of any Dinner Delivery Plus order and agrees to hold Dinner Delivery Plus and its employees and agents harmless as stated in paragraph 9 below.
4. Copyright and Trademark Notices:
Web site text, illustrations, design, selection, arrangement, and underlying technology, including magnetic translation and digital conversion are © 2008 Dinner Delivery Plus Web site content, design, and underlying technology are proprietary to Dinner Delivery Plus and are also protected by relevant intellectual property laws, including trademark, trade secret, trade dress and other applicable law. Permission is granted to make a single electronic copy for the purpose of viewing the materials on this Web site by means of computer, and to print single hard copies of screen prints solely for personal use and reference. Any other copying, printing, modification, forwarding, or other use of these materials, whether or not commercial in nature, is strictly prohibited without the express prior written permission of Dinner Delivery Plus. ddplus.com, and dinnerdeliveryplus.com are service marks of Dinner Delivery Plus, Inc. Other trademarks, service marks, trade names, business names and brand names that may be used on this Web site are the property of their respective owners.
5. Restricted Use:
If you are a Customer interested in submitting a purchase request, this Web site is for your personal and noncommercial use or for your commercial use to the extent of ordering services and/or goods for or relating to your business. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, gather, or compile any information (including customer contact information), software, or services obtained from this Web site without the prior written consent of Dinner Delivery Plus.
6. Software Available for Download:
Any software that is made available to download or use from this Web site ("Software") is the copyrighted work of Dinner Delivery Plus and/or its suppliers. Your use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not install or use any software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any software not accompanied by a license agreement, Dinner Delivery Plus hereby grants to you a personal, nontransferable license to use the software for viewing and otherwise using this Web site in accordance with these terms, conditions and notices, and for no other purpose. Please note that all software, including without limitation all HTML code, Java code, and Active X controls contained in this Web site, is owned by Dinner Delivery Plus and/or its suppliers and is protected by copyright laws and International treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.
7. Conditions for Use of Dinner Delivery Plus:
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Web site in accordance with all terms and conditions herein. You agree to supervise all usage by minors of this Web site under your name or account. You also warrant that all information supplied by you or any member of your household is true and accurate. Without limitation, any speculative, false or fraudulent orders or service requests are prohibited. You agree that the services of this Web site shall be used only to request legitimate price and purchase information for you or for another person for whom you are legally authorized to act. You understand that overuse or abuse of the services offered by the Web site may result in you being denied access to such services. Overuse means to order or use a service more often than is customarily adequate for a single user, to exceed one's ability to receive services, or to otherwise impede the ability of a service provider to service other customers adequately. Abuse means to place false orders on our Web site, to attempt to tamper with the Web site or to modify any part of the site structure or underlying programming code, to verbally or physically abuse any Dinner Delivery Plus service provider who renders service, to refuse payment for any valid order submitted to the Web site, and any other forms of abuse to the Web site recognized by local, state and federal laws.
8. No Unlawful or Prohibited Use:
As a condition of your use of this Web site, you warrant to Dinner Delivery Plus that you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use this Web site in any way prohibited by these terms, conditions and notices.
9. Release and Indemnification:
Dinner Delivery Plus should handle any and all disputes between restaurants and Customer directly with that restaurant, or Customer. In the event that you have a dispute with one or more restaurants you release Dinner Delivery Plus (and our agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You agree to indemnify, defend and hold Dinner Delivery Plus and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to the violation of this contract or use of the Web site.
10. Links to Third-Party Web sites:
This Web site may contain links to Web sites operated by parties other than Dinner Delivery Plus. Such hyperlinks are provided for reference only. Dinner Delivery Plus does not control such Web sites and is not responsible for their contents. Dinner Delivery Plus's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.
11. Right to Refuse Service:
Dinner Delivery Plus reserves the right in its sole discretion to refuse service at any time, or to terminate any Customer or Service Provider account and remove it from the Web site at any time.
12. Disclaimer:
DINNER DELIVERY PLUS IS ACTING SOLELY TO DELIVER PRODUCTS BETWEEN RESTAURANTS AND CUSTOMERS AND IS NOT ACTING IN ANY OTHER CAPACITY WITH EITHER CUSTOMERS OR RESTAURANTS, INCLUDING BUT NOT LIMITED TO, ANY PARTNERSHIP, JOINT VENTURE, CO-OWNERSHIP, BROKER OR AGENCY RELATIONSHIP OF ANY KIND WITH ANY CUSTOMER OR RESTAURANT. IT IS RECOMMENDED THAT PRIOR TO MAKING ANY BUYING DECISIONS YOU CONSULT PROFESSIONALS AS APPROPRIATE.
13. No Warranty:
DINNER DELIVERY PLUS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE OR SERVICES CONTAINED BY THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE OR SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. DINNER DELIVERY PLUS AND/OR ITS SUPPLIERS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, SERVICE PROVIDERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU."
14. Limit of Liability:
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Web site may be interfered with by numerous factors outside of our control. IN NO EVENT SHALL DINNER DELIVERY PLUS AND/OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WITH ANY DELAY OF OR INABILITY TO USE THIS WEB SITE, WITH ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE, OR INTENDED USE, OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DINNER DELIVERY PLUS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
15. Modification of the Web site:
Dinner Delivery Plus (and/or its suppliers) reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Web site. Dinner Delivery Plus may discontinue or revise any or all aspects of the Web site in its sole discretion and without prior notice.
16. Modification of These Terms of Use:
Dinner Delivery Plus reserves the right to change the terms, conditions, and notices under which this Web site is offered at any time. Modification of this contract will be deemed effective upon publication on the Web site with respect to any Customer actions, communications or transactions occurring after said date. It is your responsibility to check terms and conditions of this Agreement at the time of each use.
17. General:
This agreement is governed by the laws of the State of Washington, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, brokerage, or agency relationship exists between you and Dinner Delivery Plus as a result of this agreement or use of this Web site. Dinner Delivery Plus's performance of this agreement is subject to existing laws and legal processes and nothing contained in this agreement is in derogation of Dinner Delivery Plus's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by Dinner Delivery Plus with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the Customer and/or Service Provider and Dinner Delivery Plus with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Dinner Delivery Plus with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Use of this Web site constitutes agreement with the terms and conditions described in this document. Any rights not expressly granted herein are reserved.
