MyRestaurantGuru.com
April 8, 2009
Welcome to MyRestaurantGuru.com! The following are rules ("Terms") that apply to your use of the website www.MyRestaurantGuru.com ("the Site") By accessing, browsing, searching or using the Site you agree to abide by the Privacy Policy and the Terms and Conditions of the Site. Please read the all of the terms and conditions carefully. If for some reason you do not agree, are unwilling or unable to be bound with the terms and conditions of the site then discontinue use immediately.
1. DEFINITIONS
A "user" is anyone who accesses, browses or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", “My Restaurant Guru" and “MRG" refer to MyRestaurantGuru.com LLC, a North Carolina Limited Liability Corporation.
"Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, such as the restaurant ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. Your Content does not include the information that you submit in order to create an account on the Site. "User Content" means Content that users submit, post, or transmit to, or using, the Site. "MRG Content" means Content that is created by My Restaurant Guru and made available on the Site. "Restaurant Content" means Content that is made available on the Site by restaurant advertisers such as account profiles, invitations, calendar of events, staff members videos, photographs, menus and commentary restaurants post, submit or transmit to, or using, the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Restaurant Content, and MRG Content.
2. ELIGIBILITY
You must be a U.S. resident and at least 15 years of age to use the site. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise).
3. CHANGES TO THE TERMS OF SERVICE
MRG reserves the right to change the Terms at any time. By posting it on the Site the terms will take immediate effect. The top of this page will post date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon MRG's posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
4. USER ACCOUNTS
To use many of the features on the Site, you will be required to create an account and provide information about yourself to us. These features include rating and/or reviewing restaurants and their menu items, signing up for special promotions, incentives and events, and also creating a user profile where you can manage communications within the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. There are two types of accounts:
A "Personal Account" is an account for your personal, non-commercial use only. You may use your account to submit and post reviews, ratings, messages, compliments, invitations, commentary, photographs, and other types of User Content. In creating a Personal Account, we ask that you provide complete and accurate information about yourself in order to strengthen your credibility as a contributor to the Site, though you may opt instead to provide information that does not make you personally identifiable. However, you may not impersonate someone else (e.g., adopt the identity of a celebrity or your ex-girlfriend), provide an email address other than your own, or create multiple Personal Accounts.
A "Restaurant Account" is an account for use on the Site as a representative of a restaurant that is listed on the Site. In creating or updating a Restaurant Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Business Accounts for the same business.
5. USE OF THE SITE
Subject to the restrictions in these Terms of Service, MRG grants you permission to use the Site, including the ability to: (a) search for local restaurants, (b) read, write, and share reviews about local restaurants, (c) announce local events, (d) send messages to other Users, and (e) invite people you know to register with MRG.
You are solely responsible for the content you post on your user account and for the discretion of your personal information. If you violate the terms in any way, MRG reserves the right to terminate your user account, delete reviews and/or ratings. You will be exposed to User Content and Restaurant Content on the Site. MRG does not endorse User Content or Restaurant Content, and cannot vouch for its accuracy.
6. POSTING REVIEWS ON MYRESTAURANTGURU.COM
MRG reserves the right to remove and disengage all inactive accounts. An inactive account is one that has less than 5 reviews and has had zero activity for 60 days or more.
MRG reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:
UNACCEPTABLE CONTENT:
Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
Reviews submitted by the reviewed business's employees (past or present) or competitors as determined by MRG.
Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "this place sucks!") as determined by MRG in its sole discretion.
Reviews commenting on other users.
Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
Excessive damage caused by business or service to person or property.
Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
Language that violates the standards of good taste or the standards of this website, as determined by MRG in its sole discretion.
Content determined by MRG to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Reviews are not endorsed by MyRestaurantGuru.com. Reviews do not reflect the views of MRG or its employees. MRG does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Contact Us
If you see objectionable content or have any questions about these Terms of Use, please contact Admin@MyRestaurantGuru.com
7. THIRD PARTIES
The Site may include links to other websites (each, a "Third Party Site"). MRG does not control or endorse any Third Party Site, and you agree that MRG is not responsible for the availability or contents of such Third Party Sites.
The Site's mapping feature is powered by Google Inc. Your use of the mapping feature is governed by Google Inc.'s terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE SITE, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE SITE.
MRG DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
MRG FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
MRG ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH MRG RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
9. MISCELLANEOUS
A. Indemnity
You agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) your use of this the Site, or products or services included or advertised in the Site; or (ii) your breach of this Agreement.
B. Interpretation
The section and subject headings in this Agreement are included for reference only and shall not be used to interpret any provisions of this Agreement. This Agreement shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Agreement.
C. Dispute Resolution
Any controversy or claim relating to this Agreement or the Site shall be (i) submitted to the judicial courts located in Wake County in the state of North Carolina; and (ii) governed exclusively by the laws of the state of North Carolina and the United States. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL AND PARTICIPATION IN ANY CLASS ACTION AGAINST US.
D. Severability
If any provision of this Agreement is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.
E. Complete Agreement
This Agreement constitutes the complete agreement between us and you regarding the Site. We may, from time to time in our sole discretion, modify, amend, suspend, or terminate the Site or this Agreement. Any modifications, amendments to, or waivers of the Agreement shall be valid only if made in writing. Your use of the Site following the effective date of any changes to the Site or Agreement shall constitute your acceptance of the changes. We may, at any time in our sole discretion assign this Agreement to another person, and any such assignment shall release us from any further liability under the Agreement.
