Terms and Conditions
Any use of the My My Staff Privileges™ products, software, services and websites (referred to collectively as the "Service") is governed by the following terms and conditions ("Agreement"). Any use of the Service constitutes acceptance of this Agreement. My My Staff Privileges™ reserves the right to change this Agreement from time to time, for any reason. My Staff Privileges™ may provide such changes to you by any reasonable means, including, without limitation, by posting the new version of this Agreement on the website. When using My Staff Privileges™, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into this Agreement.
RESTRICTIONS ON USE. The Service is only accessible online, and through toll-free service. It is accessible by you through a personal computer, or other access device, at the domain, www.MyStaffPrivileges.com using a communications connection (e.g., Internet service provider or modem and telephone line). As part of the Service, you will be provided with services that may include, without limitation, access to discount opportunities, shopping services as well as other related or discount features, which are subject to the terms hereof. You are responsible for all charges (e.g., telephone, Internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device necessary to access the Service. You certify that you are an individual (i.e., not a corporation). My Staff Privileges™ contains material that is protected by copyright, trademark and other applicable laws ("Material"). You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based (whether in whole or in part) on, or distribute in any way all or any part of the Service or any material from the Service, including but not limited to, code and software. You may, however, subject to your compliance with this Agreement, and solely for as long as you are permitted by My Staff Privileges™, to access and use the Service, download certain Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general.
MEMBERSHIP RULES AND GUIDELINES
RULES FOR USE OF THE SERVICE
CONDUCT REQUIRED FOR USE OF THE SERVICE
It is a condition of your use of the My Staff Privileges™ Service that you do not: (i) allow other users to access and use your secure service; (ii) engage in disruptive activities online or use of viruses, bots, worms, Easter eggs, time bombs, spyware, Trojan horses or any other computer code, file, or program that is harmful or invasive, or may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment; (iii) resell, redistribute, broadcast or transfer the information or use the information derived from the Service in a searchable, machine-readable database; (iv) attempt to gain unauthorized access to other computer systems or networks connected to the Service. You agree that you will not use the Service, including the information provided therein and all related equipment, networks and network devices (specifically including Internet access), for any unlawful purpose. You may not use any Material in connection with any site or other use that contains or is associated with information or content prohibited by this section. Except as otherwise expressly permitted by this Agreement or under applicable law, you may not decompile, reverse engineer, disassemble or reduce any portion of the Service to a human-readable form, or attempt to do any of the above.
MONITORING. My Staff Privileges™ has no obligation to monitor the use of the Service by members. You acknowledge and agree that My Staff Privileges™ reserves the right to, and may from time to time, monitor this Service for operational or other purposes. In addition, My Staff Privileges™ reserves the right at all times to disclose any information posted on any portion of the Service as necessary in order to operate the Service, to protect My Staff Privileges™, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents and the My Staff Privileges™ Service's users, to satisfy any law, regulation or governmental request, or to enforce this Agreement.
HOW OUR SERVICE WORKS. You understand and agree that the My Staff Privileges™ Service may include certain communications from My Staff Privileges™, such as service announcements or administrative messages, and that these communications are part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS IS" and that My Staff Privileges™ assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service. In addition, you must provide and are responsible for all equipment necessary to access the Service.
OUR MEMBERSHIP SERVICES: BILLING. By enrolling in My Staff Privileges™, you are expressly agreeing that My Staff Privileges™ is permitted to bill you any applicable tax. As a member of My Staff Privileges, all benefits are available to you for the monthly membership fee you paid at the time you sign up. My Staff Privileges will charge the monthly membership fee to the credit card you used at the time you sign up. You will have access to all of the benefits of My Staff Privileges™ starting the moment you join and for as long as you are a member of My Staff Privileges. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE THE PAYMENT METHOD YOU PROVIDE.
ACCOUNT ACCESS AND IDENTITY PROTECTION. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the My Staff Privileges™ Service. If you find that you are a victim of identity theft and / or that it involves your My Staff Privileges™ account, you should call 855-808-2919. Please see ID Theft terms and conditions to create a case. My Staff Privileges™ reserves the right to place any account on hold at anytime, with or without notification to the subscriber, in order to protect itself and its partners from what it believes to be fraudulent activity.
NO RESALE OF SERVICE. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the My Staff Privileges™ Service, or any use of or access to the Service.
DISCLAIMER OF WARRANTIES. My Staff Privileges™ has provided links and pointers to Internet sites maintained by third parties ("Third-Party Sites") and may from time to time provide third-party materials on the Service. My Staff Privileges™, its parent or subsidiary companies, affiliates or suppliers do not operate, or control in any respect, any information, products or services on these Third-Party Sites. The My Staff Privileges™ Service, the materials and products available in or accessible through the Service, and the Third-Party Sites are provided "AS IS" and, to the fullest extent permissible pursuant to applicable law, My Staff Privileges™ disclaims all warranties, express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement, and warranties implied from a course of performance or course of dealing. My Staff Privileges™ does not warrant that the functions contained in such materials and products, or in the Service, will be uninterrupted or error-free, will be available for use, that defects will be corrected, or the server that makes them available, are free of viruses or other harmful components. My Staff Privileges™ does not warrant or make any representations regarding the use, or the results of the use, of the materials in the Service or in Third-Party Sites in terms of their correctness, accuracy, timeliness, reliability, completeness or otherwise. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analysis of the information provided hereunder. You assume responsibility for the entire cost of all necessary maintenance, repair or correction to your computer system or other property.
LIMITATION OF LIABILITY. In no event shall My Staff Privileges™, its parent or subsidiary companies, affiliates, suppliers or their respective directors, officers, employees and agents be liable for any direct, indirect, punitive, incidental, special, consequential, exemplary or other damages arising out of or in any way connected with the service or with the delay or inability to use the service, or for any information, software, products and services advertised in or obtained through the Service, or otherwise arising out of the use of the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if My Staff Privileges™, its parent or subsidiary companies, affiliates, suppliers and/or their respective directors, officers, employees and agents have been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that My Staff Privileges™, its parent or subsidiary companies, affiliates, suppliers and/or their respective directors, officers, employees and agents shall not be liable for any defamatory, offensive or illegal conduct of any user of the Service. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.
INDEMNIFICATION. You agree to defend, indemnify and hold harmless My Staff Privileges™, its parent or subsidiary companies, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from (i) any misrepresentation made by you in connection with your use of the Service; (ii) any non-compliance by you with the terms and conditions of this Agreement; and (iii) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
TERMINATION. My Staff Privileges™ may, in its sole discretion, terminate your password, membership (or any part thereof) or use of the Service, or remove and discard any communication transmitted by you, or information stored, sent, or received via the Service, without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers; (ii) any other access or use of the Service except as expressly provided in this Agreement; (iii) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of the Materials and/or content contained in, or accessed through, the Service; (iv) tampering with or alteration of any of the Materials and/or content contained in, or accessed through, the Service. Termination, suspension, or cancelation of this Agreement or your access rights shall not affect any right or relief to which My Staff Privileges™ may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to My Staff Privileges™ and its licensors.
CHILD ONLINE PROTECTION ACT NOTIFICATION. Pursuant to 47 U.S.C. Section 230(d) as amended, My Staff Privileges™ hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.
UNLAWFUL ACTIVITIES: The Service shall not be used in connection with any criminal, civil or administrative violation of any applicable local, state, provincial, federal, national or international law, treaty, court order, ordinance, regulation or administrative rule.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
JOINING/SIGNING UP. When you join My Staff Privileges™, you agree to the Offer and Billing details of My Staff Privileges™ and this Agreement.
Telemedicine - Medical advice is not meant to replace treatment and consultation with the member’s primary physician. THIS IS NOT A HEALTH INSURANCE POLICY.
Medical Information: The member is responsible for providing accurate and up-to-date medical information to the Telemedicine Doctor when calling for a physician consultation.
General Release: You are entering into a doctor/patient relationship with the Telemedicine provider 24 Hour Physicians. You acknowledge that if you already have a primary care physician, Telemedicine 24 Hour Physicians is not a substitute to your primary care physician. You agree to designate 24 Hour Physicians as your provider when your primary care physician is not available. 24 Hour Physicians is obligated to use commercially reasonable efforts to ensure that the member’s medical information accurately reflects the information provided by the member. 24 Hour Physicians shall have no liability whatsoever for any indirect, consequential, exemplary, special, incidental or punitive damages.
Confidentiality: 24 Hour Physicians will release any and all information only as authorized for disclosure by the member and as permitted by law. Each request for information will be verified before any disclosure will be made. 24 Hour Physicians will make every attempt to confirm that the requested information is received by the intended recipient. All memberships are maintained at the highest level of confidentiality and are never provided to other services. Use of information provided by 24 Hour Physicians cannot guarantee that information provided to recipients will be used or acknowledge.
*** THIS IS NOT HEALTH INSURANCE.***
In order to purchase, redeem or use any products or services through the Site, or access certain other features of the Site, you may be required to register and select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a user name a name that is subject to any rights of a person other than you without proper authorization.
You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. It is your sole responsibility to maintain the confidentiality of your password. You shall immediately notify us of any unauthorized use of your account. We reserve the right to refuse registration of, or cancel a user name, for any reason in our sole discretion.
II. PURCHASE OF PRODUCTS AND SERVICES
- Terms and Conditions for All Promotional Certificates
The following provisions apply to all Promotional Certificates (i.e. Restaurant Specific Certificates, Merchant Certificates, Restaurant.com Gift Cards, and Dinner of the Month Memberships). Additional Terms and Conditions apply to each as stated herein.
- Promotional Certificates (i) have no cash value, (ii) are not redeemable for cash
- (iii) cannot be returned for a refund, (iv) may not be applied to previously placed orders, (v) cannot be combined with other promotions or offers, and (vi) are for personal (non-commercial) use only.
- The unauthorized reproduction, resale, modification, or trade of Promotional Certificates is prohibited and may result in their cancellation, and potential suspension or termination of your account.
- Restaurant.com is not responsible for lost, stolen, damaged or undeliverable Promotional Certificates, including those that may be lost in transmission.
- We do not guarantee delivery times of Promotional Certificates
- Any delivery times given are estimates only.
- Promotional Certificates have no expiration date.
By purchasing, using or attempting to use a Restaurant Specific Certificate, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of Restaurant Specific Certificates is the restaurant listed on the certificate, and not Restaurant.com. Any attempted purchase, redemption or use of a Restaurant Specific Certificate that violates these Terms & Conditions, including the Special Conditions, may result in the restaurant not honoring the Certificate, may render the Restaurant Specific Certificate void, and can result in suspension or termination of your Restaurant.com account.
Additional terms applicable to Restaurant Specific Certificates:
- The restaurant (and not Restaurant.com) is the issuer of the Restaurant Specific Certificate and is responsible for redeeming the Restaurant Specific Certificate. The Issuer (and not Restaurant.com) is fully responsible for all goods and services it provides to you (including, but not limited to, complying with all state and local laws, including those relating to the distribution and sale of alcohol, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Restaurant Specific Certificates) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Restaurant Specific Certificate.
- Only one (1) Restaurant- Specific Certificate may be redeemed per party, per month, per Issuer (even if the party is seated at separate tables and/or receives more than one check.).
- We do not guarantee the availability of any particular Restaurant Specific Certificates, and reserve the right to modify all aspects of available Restaurant Specific Certificates. Participation of restaurants and merchants vary from time to time.
- Restaurant Specific Certificates may not be used for taxes, tips, shipping and handling, prior balances, merchandise or gift cards.
- Restaurant Specific Certificates are redeemable in their entirety only and may not be redeemed incrementally.
- Restaurant-Specific Certificates do not expire.
By purchasing, using or attempting to use a Merchant Certificate, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of Merchant Certificates is the merchant listed on the certificate, and not Restaurant.com. Any attempted purchase redemption or use of a Merchant Certificate that violates these Terms & Conditions, including the Special Conditions, may result in the Merchant not honoring the Certificate, may render the Merchant Certificate void, and can result in the suspension or termination of your Restaurant.com account.
Additional terms applicable to Restaurant Specific Certificates:
- The Merchant (and not Restaurant.com) is the issuer of the Merchant Certificate and is responsible for redeeming the Merchant Certificate. The Issuer (and not Restaurant.com) is fully responsible for all goods and services it provides to you (including, without limitation, complying with all state and local laws, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Merchant Certificates) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Merchant Certificate.
- Merchant Certificate requires additional consideration paid to the Issuer. Merchant Certificates have no value without additional consideration.
- Only one (1) Merchant Certificate may be redeemed per order.
- We do not guarantee the availability of any particular Merchant Certificates, and reserve the right to modify all aspects of available Merchant Certificates. Participation of merchants varies from time to time.
- Merchant Certificates may not be used for taxes, shipping and handling, prior balances, or gift cards. Merchant Certificates are for the Merchant’s website (unless otherwise specified) and may not be used for merchandise.
- Merchant Certificates do not expire.
By purchasing, using or attempting to use a Restaurant.com Gift Card (physical or electronic, or eCard), you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the Gift Card itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. Because Gift Cards may be redeemed only for Restaurant Specific Certificates or Merchant Certificates, we suggest that you also review those portions of these Terms & Conditions. Any attempted purchase, redemption or use of a Restaurant.com Gift Card that violates these Terms & Conditions may render the Gift Card void, and can result in the suspension or termination of your Restaurant.com account.
Additional terms applicable to Restaurant.com Gift Cards:
- You must create an account and register in order to redeem a Restaurant.com Gift Card (see Section I).
- Restaurant.com Gift Cards may be redeemed at the Site identified on the Gift Card for the specified face value amount of a Restaurant Specific Certificate or Merchant Certificate that Restaurant.com may offer for redemption at the time of redemption.
- Restaurant.com Gift Cards have no additional fees.
- Restaurant.com Gift Cards have no expiration date.
III. CONDITIONS FOR USE of WEBSITE
- Your Use of the Site
You may use the Site solely for your personal, non-commercial use. Your use of the Site is subject to all applicable laws and regulations.
You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Restaurant.com, and Restaurant.com shall not be responsible for any data lost while transmitting information on the Internet. While it is Restaurant.com’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.
Restaurant.com shall have the right at any time to change or discontinue any aspect or feature of Restaurant.com, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use.
Without limiting the generality of any other provisions of these Terms & Conditions, you may not:
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or any Restaurant.com Content or User Content (Restaurant.com Content and User Content, collectively, “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
- attempt to gain unauthorized access to any portion of the Site or any Content, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means;
- reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other Site user;
- use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site;
- remove any copyright, trademark, or other proprietary rights notice contained in or on the Site;
- use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with Restaurant.com; or
- use the Site or any Content for any purpose that is unlawful or prohibited by these Terms & Conditions.
- Content; Ownership
Restaurant.com Content. “Restaurant.com Content” means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site other than User Content (defined below) including but not limited to the Site as a collective work, the design, structure arrangement and “look and feel” of the Restaurant.com Content. Restaurant.com Content is owned by or licensed to Restaurant.com and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms & Conditions, no Restaurant.com Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms & Conditions shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.
User Content. “User Content” means any content, including any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including social media, Facebook, survey responses and Ratings and Reviews. User Content does not include any Restaurant.com Content. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.
License to Restaurant.com: You are solely responsible for your User Content. By providing User Content you hereby grant, and represent, and warrant that you have all rights and authority necessary to grant, (i) Restaurant.com and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sublicensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publically perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these Terms & Conditions, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all moral rights you may have in or with respect to any User Content you provide to us.
If you submit any idea or expression of ideas within your User Content (an “Idea”), you further agree as follows:
- to the best of your knowledge, the Idea represents your original work, you have all necessary rights to disclose the Idea to us and doing so, and our use of the Idea, will not infringe upon any third party;
- your disclosure of your Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;
- we have no obligation, whether express or implied, to develop or use your Idea and no compensation is due to you or anyone else for any use of that Idea, related Ideas, or ideas derived from your Idea; and
- Except to the extent these terms are superseded by a separate written agreement signed by you and Restaurant.com, you hereby irrevocably release and discharge Restaurant.com and its affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which you now have or hereafter may have against Restaurant.com and its affiliates with respect to the Idea.
Restrictions on User Content: Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that:
- is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
- promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
- is false, misleading, or defamatory;
- is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
- provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission of the subject of such personal data (including any photos of any children under the age of 13 without the express permission of the child’s parent or guardian);
- involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
- falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
- contains restricted or password-only access pages or hidden pages or images;
- involves commercial activities or sales without our express prior written consent; or
- involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of Restaurant.com’s or any third party web provider’s servers, computers, or networks.
We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content (such as positive User Content).
The foregoing provisions apply equally to and are for the benefit of Restaurant.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Copyright and Trademarks
Restaurant.com Content is owned by or licensed to Restaurant.com and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms & Conditions, no Restaurant.com Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms & Conditions shall be deemed grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.
Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein.
The foregoing provisions apply equally to and are for the benefit of Restaurant.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Disclaimer of Warranty; Limitation of Liability.
THE SITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE PROVIDED OR MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION OR ERROR, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. YOUR USE OF THE SITE AND OF ANY CONTENT, WHETHER RESTAURANT.COM CONTENT OR USER CONTENT, IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR,CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
- Rewards Program
For more information see Restaurant.com Rewards Program.
You agree to defend, indemnify, and hold Restaurant.com and Our Affiliates harmless from and against any demands, loss, liability, claims, damages or expenses (including reasonable attorneys’ fees and costs), made against us by any third party due to, arising out of, or related to (i) your access to the Site, (ii) your use of the Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms & Conditions, (vi) any use of your user name by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or user name, of any intellectual property or other right of any person
In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of these Terms & Conditions or for any other reason whatsoever.
We may provide links to third party websites. We do not recommend or endorse the content of any third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website. Unless you have executed a written agreement with Restaurant.com expressly permitting you to do so, you may link to the Site.
We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via email.
- Governing Law, International Use
These Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Cook County, Illinois, and waive any objection to such jurisdiction or venue. Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.
- Entire Agreement
These Terms & Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.
Any failure by Restaurant.com to enforce or exercise any provisions of these Terms & Conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.
- Attorneys’ and Accountants’ Fees
In any action to enforce these Terms & Conditions, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs, in addition to such other damages as may be awarded. 15. Digital Millennium Copyright Act
If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital Millennium copyright Act by providing the following information:
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
The address of our copyright agent for notice of claims of copyright infringement on the Site is as follows:
1500 West Shure Drive
Arlington Heights, Illinois 60004
Attention: General Counsel
The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect.
ROADSIDE ASSISTANCE 24|7
- As a member of My Staff Privileges, You will not be required to pay any additional fee or sum in addition to the membership fee when your service is for a tow which does not exceed the benefit limit of $100 per occurrence or other covered service that does not exceed the benefit limit of $50.00 per occurrence.
- Your membership continues until expiration or cancellation by yourself, Staff Privileges or sponsoring company.
- All 24-hour roadside assistance services are provided by Nation Motor Club, LLC administrative offices at 800 Yamato Road, Suite 100, Boca Raton, FL 33431.
- For California members, services are provided by Nation Motor Club, LLC California Motor Club Permit Number 5157-3.
- For Residents of Alabama, Alaska, Utah, Virginia members, services are provided by Nation Safe Drivers Services, Inc.
- This is not an automobile liability insurance contract.
- This is not an automobile physical damage insurance contract.
- Service obtained from any other source other than Nation Motor Club, LLC dba Nation Safe Drivers is not covered and is not reimbursable.
- You have the right to file a complaint by submitting a written complaint to our Customer Service Department at 800 Yamato Road, Suite 100, Boca Raton, Florida 33431, or contacting a representative by calling 888-684-9327.
- All of the benefits and services of your Membership are described herein and are applicable throughout the United States, Canada and Puerto Rico.
- 24-Hour Roadside Assistance: You must call 888-966-9315 for your 24-hour emergency roadside
benefits. IMPORTANT: Please be with your vehicle when the service provider arrives, as they cannot service an unattended vehicle. NOTE: Only one (1) service per seventy-two hours and five (4) free services per year.
- Towing – Provided for up to the benefit limit of $100. Additional mileage is the responsibility of the member and will be negotiated prior to sending out service (extrication is excluded).
- Emergency Road Service – Any available contracted road service that is needed to get your vehicle running (i.e. hose replacement or tightening of cables or belts etc.)
- Essential Fluids or Supplies Delivery – Including gasoline, water, oil, or any supplies necessary to send a member’s car on its way (member responsible for actual cost of fluid or supplies requested).
- Flat Tire Changes – Includes changing a flat tire with your good spare.
- Emergency Battery Service – Includes tightening or cleaning of cables, jumpstarts, minor adjustments to alternator etc.
- Lockout Services – Lost keys, broken keys, or accidentally locked out of your vehicle, we will send a locksmith.
Coverage: Is extended to member, legal spouse and dependent children up to age 26 living at home or away at college.
The following items are not included as part of the emergency roadside assistance benefit: Cost of parts, replacement keys, fluids, lubricants, or fuel, cost of installation of products, material and additional labor related to towing. Disconnecting or reconnecting drive shaft. Non-emergency towing or other non-emergency service. Trucks over one-ton capacity, taxicabs, limousines or other commercial vehicles. Towing from a service station, garage or repair shop. Towing by other than a licensed service station or garage; vehicle storage charges; a second tow. Service on a vehicle that is not in a safe condition to be towed. Towing or service on roads not regularly maintained, such as sand beaches, open fields, forests and areas designated as not passable due to construction, etc. Mounting or removing of snow tires or chains. Towing at the direction of a law enforcement officer relating to traffic obstruction, impoundment, abandonment, illegal parking, or other violations of law. Repeated service calls for a covered vehicle in need of routine maintenance or repair.
In the event of damage due to fire, flood or vandalism: Cost related to physical damage due to fire, flood, or vandalism are normally covered under your vehicle insurance. Nation Motor Club, LLC dbaNation Safe Drivers will assist you when you call our toll-free number, but you will have to pay for these services and submit your bill to your insurance company or agent as a part of the insurance claim.
Reimbursement for Covered Services: Reimbursement is provided when a covered individual contracts service on their own from a licensed service provider in the business of providing such services. In the event you should contract service on your own for any covered service and pay for the service out-of-pocket you may submit your original receipted roadside expenses for reimbursement consideration to Nation Motor Club, LLC dba Nation Safe Drivers. To obtain reimbursement claim forms you may call toll-free 1-888-684-9327 or send your request in writing to Nation Motor Club, LLC dba Nation Safe Drivers 800 Yamato Rd Ste 100 Boca Raton FL 33431. Maximum reimbursement for services not obtained through our network is limited to eighty dollars ($80).
SERVICE PROVIDER NETWORK
Nation Safe Drivers operates through a network of contracted service providers who have arrangements with our dispatch to perform road and towing service for Nation Safe Drivers members. As independent contractors, they have exclusive control over their own equipment and personnel.
Theft Reward – In the event your car is stolen anyone that provides information to law enforcement agencies that leads to the apprehension of the perpetrator is eligible to apply for a $500 reward. Members or members family are not eligible to apply for a reward.
Hit and Run – In the event of a hit and run involving a car registered to a member anyone providing information to law enforcement agencies that leads to the apprehension of the perpetrator is eligible to apply for a $500 reward. Members or member’s family are not eligible for a reward.
Emergency Trip Expense Reimbursement – If your covered vehicle is disabled by collision more than 150 miles from your residence, as a member you may qualify for up to $300 in emergency trip expense reimbursement (maximum of $100 a day for up to 3 days (72 hours). In the event of a collision or accident with another vehicle or object (reported in writing to state or local police), while your covered vehicle was being operated by you or a covered family member, and which occurs more than 150 miles away from your residence and results in an accidental disablement of your covered vehicle, you may reimbursed for one or more of the expenses listed below if incurred within 3 days (72 hours) following the accident. NOTE: Mechanical failure of your covered vehicles is not covered by this benefit.
- Commercial transportation (by common carrier licensed to carry passengers for hire) to your residence or destination and return to pick up your disabled vehicle after repair.
- Local commercial lodging and meals (incurred in the vicinity where the collision occurred).
- Rental of a replacement automobile obtained from any bona-fide car rental agency.
For reimbursement of expenses listed in this section, you must submit a claim to Nation Safe Drivers, within 21 days of the accident disablement, which includes your name, membership number, mailing address and a bona-fide copy of the filed accident report. You must also include paid receipts validated by the companies providing you service.
This membership is Non-Transferable
Nation Motor Club, LLC 206 S Coronado Ave, Espanola NM 87532-2792
Nation Motor Club, LLC 1908 Thomes Ave, Cheyenne, WY 82001-3527
Nation Motor Club, LLC 818 West Seventh Street, Los Angeles, CA 90017
Nation Motor Club, LLC 2405 York Rd, ste. 201, Lutherville Timonium, MD 21093-2264
Nation Motor Club, LLC dba Nation Safe Drivers, (Commercial Registered Agent)
Nation Motor Club, LLC 3011 American way, Missoula, MT 59808
Nation Motor Club, LLC 645 Lakeland East Dr, Suite 101 Flowood, MS 39232
Nation Motor Club, LLC 1833 South Morgan Road, Oklahoma City, OK 73128
Nation Motor Club, LLC 301 S. Bedford St, Suite 1, Madison, WI 53703
Andrew Smith, President 02/15
FAMILY LEGAL PROTECTION PLAN
TERM The term of this plan is for as long as you are a member of this program that provides the Family Legal Protection Plan benefit.
Limits of Liability No reimbursement of indemnification from the Company to Plan Member or Family is contemplated by this Certificate. Thus, Plan Member is obligated to pay all fees for legal services, but only in accordance with those benefit costs as set forth in this Certificate.
Exclusions In addition to the limitations specified in the Definitions of coverage for the Special Plan Discounts, this Plan does not provide benefits for the following types of legal matters:
- Preparing, completing or filing of federal, state or local tax returns.
- Any action, proceeding or dispute between a Plan Member and his employer, or Plan Member and his fellow employees, a Plan Member and his union, or labor management trust fund, or a Plan Member and any other party when such coverage is prohibited by law.
- Duplication of services previously claimed and in relation to the same matter.
- Filing fees, court costs, reporter's fees and other miscellaneous costs in any proceeding. "Miscellaneous costs" are defined as service of process fees, investigative fees, expert witness fees, other witness fees, copy charges, telephone charges, supplies expenses and any other expenses incurred by any Plan Attorney, other than the Plan Attorney's fees for legal services.
- Any legal proceeding in which the Plan Member is entitled to legal representation or reimbursement for the costs, from any source other than this policy whether or not the Plan Member exercises this right.
- Frivolous matters are not included. A matter is defined herein as "frivolous" if the matter has no merit, is brought for the sole purpose of harassing, vexing, or annoying another party, or as otherwise defined by the code of Professional Responsibility of the State Bar in which the matter is located.
- Any action against the Plan or third parties under contract with the above-mentioned parties to provide the Plan to Plan Members.
- Any service on behalf of a Family Member against the interests of the Member.
- Any action, which Plan Attorney feels, may be in conflict with his/her ongoing practice, as defined in the Code of Professional Responsibility of the State Bar of the state in which the attorney is licensed.
- Any legal benefits and/or coverage for any questions or problems involving the following types of legal matters: antitrust, immigration, business matters, securities law, environmental torts, trademarks, copyrights, patents, tax or matters related thereto. Any member who consults with a Plan Attorney and discovers that one of these matters is involved in their legal matter, and otherwise would be excluded from coverage under this Policy, shall not be charged for the initial consultation with the Plan Attorney. However, if the member chooses to go forward on representation of any such otherwise excluded matter, the member will be responsible for all costs and fees associated with such representation beyond the Plan Benefits enumerated herein.
- Any Internet benefits offered or created by the company are subject to change at any time, and some benefits may be increased, decreased, or otherwise altered in part or in full for any reason whatsoever. The company’s Web site will be maintained to the best of the Company’s ability to meet the services described herein, however, said changes may be require and no liability for such changes shall attach to the Company.