last updated January 25, 2021.
Term of Service for use of the website and services are posted on this page https://www.dinerwebsites.com/terms-of-service/
Diner Websites is a service and platform which contains software developed and/or licensed to Digital Canvas, located at 3731 Sunset Ln. Ste 210, CA 94509.
If you use this service or website you are agreeing to comply with and be bound by the following terms of service, which together with our privacy policy and disclaimer, govern Diner Websites' relationship with you in relation to your use of this service and website. By using this service or website, you signify your acceptance of these terms of service. For the purposes of these terms of service, “Us”, “Our” and “We” refers to Diner Websites and “You” and “Your” refers to you, the client, visitor, service user, website user, or person using our service or website.
Disclaimer
Welcome to our service and website Diner Websites. If you continue to browse and use this website or use this service then you are agreeing to comply with and be bound by the following disclaimer, together with our terms of service.
While we endeavor to keep the service and information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the service or website or the information, products, services, or related graphics contained in the service or on the website for any purpose. To the fullest extent permitted by law, Diner Websites absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Diner Websites gives no warranty that our service or website will be free of errors, or that defects will be corrected, or that our service or website or its server is free of viruses or any other harmful components.
Any reliance you place on this service and such information is therefore strictly at your own risk. You need to make your own inquiries to determine if this service or information or products are appropriate for your intended use. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this service or website.
Amendment Of Terms
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our service or website to ensure you are aware of any changes. If you choose to use our service or website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Diner Websites' rights and obligations to each other.
Limitation Of Liability
It is an essential pre-condition to you using our service or website that you agree and accepts that Diner Websites is not legally responsible for any loss or damage you might suffer related to your use of our service or website, whether from errors or from omissions in our service, documents, information or from any other use of this service or website. This includes your use or reliance on our service or website and any third-party content, links, comments, or advertisements. Your use of, or reliance on, our service or any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that our service or information available through this website meet your specific, personal requirements. You acknowledge that our service or information and materials contained in our website may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Indemnity
You agree to defend, indemnify and hold us, its officers, directors, members, and agents harmless from and against any and all claims, charges, actions, liabilities, investigations, demands, and similar, including but not limited to any costs, losses, damages whether direct, indirect, consequential or special and all legal fees resulting from your breach of our terms and conditions, content you may provide to our service or website, and any activity you may engage in through our service or website or use of our service or website.
Orders & Payments
Diner Websites Services are provided by Digital Canvas on monthly terms.
All services are due on the 1st day of the payment term for the remainder of the payment period; Monthly payment for the following month.
Any unpaid invoices for additional services are due within 30 days of invoicing.
Term and Termination
The term of the agreement shall begin on the effective date and shall continue until terminated by either party.
Either party may terminate the agreement for services for any reason. Service termination request end at the end of the current billing term.
Taxes
Each business is responsible for collecting and paying its own applicable sales tax.
Refunds
Should you wish to obtain a refund, please notify us within 30 days of your purchase with a valid reason for a refund. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the service purchased. Refunds will be processed promptly and payment made by the same method that you made payment.
Purchase of hardware, like printers or tablets, are not refundable.
If services are terminated prior to the end of the payment period, the prorated balance of remaining will not be refunded.
All refunds are made at our discretion.
Links To Other Websites
Through this website, you may be able to link to other websites that are not under the control of Diner Websites. We have no control over the nature, content, and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the service and website up and running smoothly. However, Diner Websites takes no responsibility for, and will not be liable for the service or website being temporarily unavailable due to technical difficulties.
Social Media
The Diner Website application platform makes use of social media for the purposes of marketing and your business.
The client is ultimately responsible for the actions taken on your account. The Diner Websites App adheres to the latest Terms of Service set forth by Twitter for all Twitter Users. By use of our service(s), you agree to adhere to the Twitter Rules set forth by Twitter.
Abuse or misuse of our platform and/or Twitter API may result in the closure of the API for the abusive account or complete closure of all services. We have a no-tolerance policy on abuse of Twitter through Diner Websites.
By using the Diner Website application platform you agree to abide by the Facebook Terms and Policies set forth by Facebook.
Abuse or misuse of our platform and/or FaceBook API may result in the closure of the API for the abusive account or complete closure of all services. We have a no-tolerance policy on abuse of FaceBook through Diner Websites.
E-mail Marketing
We monitor customer emails and statistics sent from our servers. If bounce rate or spam complaints are higher than normally expected, E-mail Marketing services will be disabled for your account. E-mail sent to users who have not done business with you in the last six months, or have not explicitly opted in to receive marketing email is considered spam. We adhere to a zero-tolerance policy on email abuse, or spam. Account engaging in potential spam violations may be disabled from using the email marketing services. For more information
Users are expected to adhere to the appropriate e-mail and customer privacy policy. For European customers, GDRP. For customers in the United States: The California Consumer Privacy Act (CCPA)
Do not import emails or spam users who have not recently directly purchased from your business or explicitly opted-in to receive email marketing.
Partners and Email Privacy Policy
Partners are expected to adhere to the appropriate Email Privacy Policy, as clients and customers. Partners may be provided have access to customer email addresses.
Partners may not use customer email addresses for any purpose not consistent with CCPA or GDRP.
Partners' abuse of email addresses or not adhering to CCPA or GDRP will result in immediate termination of the partner relationship. If a partnership agreement is terminated due to not adhering to Terms of Use or Privacy Policy, Diner Websites will assume direct billing with the business.
Copyright
This service and website content material is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information, or materials on the website for the purposes of sale or use by any third party. In particular, you are not permitted to republish, upload, transmit electronically, or otherwise or distribute any of the materials, documents, or products that may be available for download from time to time on this website.
Diner Websites expressly reserves all copyright and trademark in all documents, information, and materials on our website and in our service and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in our service or website in any form is prohibited other than the following: you may print or download to a local hard disk for your personal and non-commercial use only; you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other forms of the electronic retrieval system.
Exclusion of Unenforceable Terms
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms of service in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms of service.
Jurisdiction
This agreement and this service and website are subject to the laws of California, United States. If there is a dispute between you and Diner Websites that results in litigation then you must submit to the jurisdiction of the courts of California.
Creative Commons Attributions
The sound effects on this platform are provided by https://notificationsounds.com and licensed under Creative Commons 4.0.
Contact Us
If you have any questions regarding our Terms of Service contact us at:
Diner Websites c/o Digital Canvas
3731 Sunset Ln Ste 210
Antioch, CA 94509
support@dinerwebsites.com
(925) 706-1700
