DinnerBell Terms of Use

We own and operate this website (DinnerBell.life), the related mobile sites, softwares, mobile application(s), and selected other domains (collectively, the “Platform”). These terms of use (the “Agreement”) constitute a contract between you and us. By accessing and/or using the Platform, you agree to all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Platform. As used in this Agreement, “DinnerBell,” “we,” “us,” and “our” shall mean DinnerBell, LLC. and its subsidiaries and affiliates.

You may only use the Platform if you can form a binding contract with us. You may only use the Platform to order if you are the authorized holder of the credit card used for payment or an authorized user of a corporate account. You are prohibited from using the Platform if you are under the age of 18. Use of Platform’ services requires that you register and/or create an account (“Account”) or use the Platform as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Platform’ services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DinnerBell has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DinnerBell has the right to refuse any and all current or future use of the Platform (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify DinnerBell of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. DinnerBell will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

OUR MATERIALS AND LICENSE TO YOU

With the exception of User Content (detailed below), the Platform and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to DinnerBell. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Platform and except for the trademarks, service marks, logos and trade names of other companies that are or may be displayed on the Platform, all trademarks, service marks, logos, trade dress and trade names are proprietary to DinnerBell. Please be advised that DinnerBell actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Platform and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any additional notices or restrictions contained on the Platform. Any other use of the Platform and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Platform should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Platform without the express written permission of DinnerBell or the appropriate third party owner, as applicable. If you download any software from the Platform, you shall not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

DinnerBell reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or services offered on or through the Platform (or any part thereof), including but not limited to the Platform’ features, look and feel, and functional elements and related services.

YOUR CONTENT AND CONDUCT

I. User Conduct By accessing the Platform, you agree: to comply with all applicable laws regarding online conduct and acceptable material; not to use the Platform or their services or submit content to the Platform if you are under the age of 18; not to use the Platform to purchase alcohol unless you and the alcohol recipient are 21 or older and present a valid photo identification(s) verifying your age at the time of alcohol delivery; not to access the Platform or services using a third-party’s account/registration without the express consent of the account holder; not to attempt, through any means, to gain unauthorized access to any part of the Platform and/or any service, other account, computer system and/or network connected to any DinnerBell server; not to deep-link to the Platform and/or access the Platform manually and/or with any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy and/or monitor any portion of the Platform and/or any Materials and/or other content on the Platform, unless DinnerBell has given you specific permission to do so in writing; not to use the Platform in any manner that could damage, disable, overburden and/or impair any DinnerBell server, or the network(s) connected to any DinnerBell server, and/or interfere with any other party’s use and enjoyment of the Platform; not to use the Platform for illegal purposes, or as prohibited by these Terms; not to use the Platform to engage in commercial activities apart from sanctioned use of DinnerBell services; not to copy any content, including, but not limited to restaurant menu content and third-party reviews, for republication in print or online; not to license, sell and/or otherwise provide access to and/or use of the Platform to any third party, including without limitation to build a competitive product and/or service not to create restaurant reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Platform; not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or not to disrupt, interfere with, or otherwise harm or violate the security of the Platform, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked Platform (including those of our restaurant partners). You agree that the consequences of commercial use or re-publication of content or information from the Platform may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that DinnerBell will be entitled to temporary and permanent injunctive relief to prohibit such use.

II. Content You Provide DinnerBell may provide you with interactive opportunities on the Platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked restaurants (collectively, “Interactive Areas”). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit to the Platform (“User Content”).

III. Use of Your Content You grant DinnerBell an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content on the Platform and in all forms of media now known or hereafter invented (collectively, the “Uses”), without notification to and/or approval by you. You further grant DinnerBell a license to use your username and/or other user profile information, including without limitation, your ratings history and how long you have been a member of DinnerBell, to attribute User Content to you in connection with the Uses, if we choose to do so, again without notification to and/or approval by you.

User Content transmitted to certain parts of the Platform, including, without limitation, restaurant pages and certain Interactive Areas, may be posted in public areas on our Platform, including without limitation in a compilation format, and publicly visible and accessible. DinnerBell and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for, the action of any and all third parties with respect to User Content.

IV. Conduct within Interactive Areas By transmitting User Content, you agree to follow the standards of conduct below, and any additional standards stated on the Platform. We do our best to encourage civility and discourage disruptive communication on the Platform. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all User Content. You agree not to provide any User Content that: is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, hateful, and/or racially, ethnically and/or otherwise objectionable; has a commercial, political or religious purpose; is false, misleading and/or not written in good faith; infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity; is illegal and/or promotes illegal activity; contains unauthorized advertising and/or solicits users to a business other than those on the Platform; and/or is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Platform or other webPlatform. DinnerBell may monitor any and all use of the Platform. We reserve the right to change, delete and/or remove, in part or in full, any User Content that we believe, and/or to terminate and/or suspend access to any Interactive Areas, any Materials and/or any Platform for conduct that we believe, violates our standards, violates any other terms and/or conditions of this Agreement, interferes with other peoples’ enjoyment of the Materials and/or our Platform, and/or that we believe is inappropriate, in our sole discretion, and/or for any other reason, again in our sole discretion. DinnerBell will cooperate with local, state and/or federal authorities to the extent permitted by applicable law in connection with User Content.

V. Ratings and Reviews The Platform may allow you to in good-faith and honestly and accurately rate and post reviews of restaurants and other businesses (“Ratings and Reviews”). Such Ratings and Reviews are considered User Content and are governed by the terms and conditions of this Agreement, including, without limitation, your agreement regarding your use of Interactive Areas and DinnerBell and the Platform’ standards of conduct. Ratings and Reviews do not reflect the views of the Platform or DinnerBell. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. All Ratings and Reviews must be legitimate. Your Rating and/or Review will not be published unless you have ordered from the subject restaurant and placed a minimum of three (3) orders on DinnerBell. Any Rating and/or Review that we determine, in our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the Ratings and Reviews, the Materials and/or the Platform may be removed without notice.

INDEMNIFICATION

You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach of any provision of this Agreement, your violation of applicable law, your use of the Platform and/or Materials (including without limitation all User Content), and/or all Uses by DinnerBell and/or any third party authorized by DinnerBell.

OUR ALCOHOLIC BEVERAGES POLICY

Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order which includes any alcoholic beverage, you acknowledge that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you shall forfeit the cost of such beverages, without exception.

DISCLAIMER

THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM WITH RESPECT TO THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DINNERBELL DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE MATERIALS AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DINNERBELL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM. YOU (AND NOT DINNERBELL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE PLATFORM, THE MATERIALS AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DINNERBELL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF DINNERBELL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM. DINNERBELL ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. DINNERBELL ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBPLATFORM LINKED TO THIS SITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL DINNERBELL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO DINNERBELL OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

YOU AND DINNERBELL AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND DINNERBELL AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

YOU AGREE TO RECEIVE SMS, MMS, TEXT MESSAGES AND OTHER PUSH NOTIFICATIONS TO YOUR DEVICE, PHONE NUMBER, EMAIL ADDRESS, AND SOCIAL MEDIA ACCOUNTS.

IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION.

THIRD PARTY LINKS

The Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). DinnerBell does not review, monitor, operate and/or control the Third Party Websites and DinnerBell makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, DinnerBell is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. You access and/or use the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, entirely at your own risk. DinnerBell reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

COPYRIGHT POLICY

DinnerBell respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide DinnerBell’s Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512: A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed at a single online site, then a representative list of such copyrighted works; Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites; Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address; A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

VIOLATIONS OF THE AGREEMENT

DinnerBell reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation, the right to block access from a particular Internet and/or IP address to the Sites.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the “Terms of Use” tab. If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Sites after we make changes to this Agreement, you agree to be bound by the revised Agreement. You agree that if you do not agree to the new terms of the Agreement, you will stop using the Sites.

GOVERNING LAW

You acknowledge and agree that your access to and/or use of the Sites, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles, and all claims, disputes or disagreements which may arise out of the interpretation, performance or in any way relating to your use of the Sites, the Materials and/or other content on the Sites shall be submitted exclusively to the applicable state or federal courts in the County and State of Michigan. You acknowledge and agree that you will irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. You also hereby irrevocably waive any right you may have to participate in a class action or representative action against DinnerBell. You acknowledge that the terms of this provision are material, bargained-for bases of this agreement, and you agree that the waivers are fair and reasonable. Any waiver by DinnerBell of any provision of this Agreement must be in writing. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.

Privacy Policy

DinnerBell LLC operates the DinnerBell.life website, which provides all connected services.

This page is used to inform website visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

If you choose to use our Service, then you agree to the collection and use of information in relation with this policy. The Personal Information that we collect are used for providing and improving the Service. We will not use or share your information with anyone except as described in this Privacy Policy.

Information Collection and Use

For a better experience while using our Service, we may require you to provide us with certain personally identifiable information, including but not limited to your name, phone number, and postal address. The information that we collect will be used to contact or identify you.

Log Data

We want to inform you that whenever you visit our Service, we collect information that your browser sends to us that is called Log Data. This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser version, pages of our Service that you visit, the time and date of your visit, the time spent on those pages, and other statistics.

Cookies

Cookies are files with small amount of data that is commonly used an anonymous unique identifier. These are sent to your browser from the website that you visit and are stored on your computer’s hard drive.

Our website uses these “cookies” to collection information and to improve our Service. You have the option to either accept or refuse these cookies, and know when a cookie is being sent to your computer. If you choose to refuse our cookies, you may not be able to use some portions of our Service.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

• To facilitate our Service;

• To provide the Service on our behalf;

• To perform Service-related services; or

• To assist us in analyzing how our Service is used.

We want to inform our Service users that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

Security

We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

Links to Other Sites

Our Service may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

Children’s Privacy

Our Services do not address anyone under the age of 18. We do not knowingly collect personal identifiable information from children under 18. In the case we discover that a child under 18 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.

Contact Us

If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us at ContactUs@dinnerbell.life.