Dine719 Terms & Conditions

PLEASE READ THESE TERMS OF USE VERY CAREFULLY.

Welcome to Our website (“Website”). For purposes of this Agreement, the terms “we,” “us,” our” and “Dine719.com” refer to JMP Consulting, Inc., and “you” and “your” refers to you, as a user of our site.

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, AND, IF YOU ARE AN ADVERTISER, ON BEHALF OF YOUR COMPANY OR ORGANIZATION), AND Dine719. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO CREATE YOUR ACCOUNT. BY CLICKING ON THE “YES, I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR REGISTRATION.

Dine719.com may at any time modify the terms and conditions of this Agreement and your continued use of this Website will be conditioned upon the terms and conditions in force at the time of your use. Dine719.com is a networking service that allows individuals (“Members”) to create unique personal profiles online in order to find and communicate with one or more Members. You may receive a copy of this Agreement by emailing us at info@Dine719.com.

1. License To Website. Subject to your performance of all of the provisions of this Agreement, including payment of all applicable fees, Dine719.com hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Website and the services contained herein (the “Service”) solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Dine719.com. You shall be exclusively responsible for the supervision, management, and control of your Website user login and password. You shall ensure that you properly exit the Website at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Website is not transferable. You will use the Website and the Service in accordance with all applicable laws. Dine719.com may, without notice, terminate your access to the Website and the Service or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect Dine719.com’s networks, information and the security and integrity of the Website.

2. Restrictions. You are solely responsible for any and all acts and omissions that occur under your user login and password, and you shall not to engage in unacceptable use of the Website, which includes, without limitation, use of the Website to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming,” or otherwise is an advertisement to, or solicitation of, any Member or Advertiser to buy or sell any products or services through the Service; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (g) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (h) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (i) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (j) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (k) is deemed by Dine719.com to be in conflict with the spirit or intent of this Agreement. Dine719.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. YOU SHALL BE RESPONSIBLE FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIALS.

3. Membership. Membership in the Service is void where prohibited. By agreeing to this Agreement as a Member, or parent/legal guardian of Member, you hereby warrant that you are at least 14 years of age, are legally capable of agreeing to this Agreement, and that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through your account, and for your interactions with Members.

4. Term/Fees. This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a Member. Dine719.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your registration or such other email address as you may subsequently provide to Dine719.com. Even after membership is terminated, the terms of this Agreement shall survive for so long as required to give them effect. You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Website.

5. Non-Commercial Use. The Website is for the use of Members and Advertisers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of Dine719.com. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members and Advertisers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website are strictly prohibited. Except as effected or permitted by Dine719.com, all advertisements, unsolicited mailings or advertisement to, or solicitation of, any Member or Advertiser to buy or sell any products or services through the Service is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Dine719.com for any illegal or unauthorized use of the Website.

10. Proprietary Rights To Website. The content, organization, graphics, design, compilation, and other matters related to the Website and Service are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. “Dine719.com” our logos and others marks are either trademarks or registered trademarks of Dine719.com. The posting of information or materials on the Website by Dine719.com does not constitute a waiver of any rights in such information and materials. Dine719.com exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair Dine719.com’s ownership of the Website and the content therein or the validity or enforceability of Dine719.com’s intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Website at any time without notice.

11. Our Rights To Your Content. You understand and agree that Dine719.com may review and delete any content, blogs, reviews, photos or profiles (collectively, “Content”) that in the sole judgment of Dine719.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member or Advertiser. You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Members. By posting Content on any public area of Dine719.com, you automatically grant as well as represent and warrant that you have the right to grant to Dine719.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and that Dine719.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

12. Copyright Policy. None of the material on our Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Dine719.com. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of Dine719.com or any third party. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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 Website; your address, telephone number, and email address; a written 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.

13. Posting On The Website. Please choose carefully the information you post on Dine719.com and that you provide to others. Your Dine719.com profile may include personally identifiable items, including: last names, email addresses, telephone numbers, and street addresses. This information is not visible to others. Do not include personally identifiable information in areas other than designated within your profile. Dine719.com reserves the right, in its sole discretion, to reject, refuse to post or remove any profile, or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Dine719.com event is at your sole risk.

14. Privacy. Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy. You confirm that you have read our Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. Dine719.com makes no representation or warranties with regard to the sufficiency of the security measures used for data handling and storage. Dine719.com will not be responsible for any actual or consequential damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.

15. DISCLAIMER. THIS WEBSITE, THE SERVICE AND THE MATERIALS CONTAINED HEREIN, ALL CONTENT AND PRODUCTS THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, Dine719.com DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE WEBSITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE WEBSITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE WEBSITE AND THE SERVICE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Dine719.com SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE AND THE SERVICE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH ANY ADVERTISERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Dine719.com THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. Dine719.com is not responsible for the contents of any linked sites or any link contained in a linked site, or any changes or updates to such sites.

16. LIMITATION OF LIABILITY. Dine719.com SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, ANY VIRUSES AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE AND THE SERVICE, THE RESULTS GENERATED FROM THE USE OF THIS WEBSITE AND THE SERVICE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Dine719.com’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO Dine719.com FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

17. Consumer Protection Laws. THIS WEBSITE AND THE SERVICE ARE BUSINESS PRODUCTS, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THIS AGREEMENT, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.

18. Remedies. You hereby acknowledge that if Dine719.com, in its sole discretion, determines you to be in breach of these Terms and Conditions, Dine719.com may restrict, suspend, or terminate your access to all or any part of the Website and/or Services or terminate your membership with SonsorHouse.com with or without notice. Termination hereunder shall be without prejudice to any other right or remedy to which Dine719.com may be entitled hereunder or at law.

19. Indemnity. You hereby indemnify and hold Dine719.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the Website and the Service; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth above; (iii) any products you purchase from Advertisers, and all product liability and other claims you may have against the Advertiser or any other party arising from the use of such products; (iv) any disputes you may have with Advertisers or Members; and/or (v) your participation in any offline Dine719.com event.

20. Links To Other Web Sites, Advertisers, And Services. To the extent this Site contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider. Advertisers and other outside service providers and resources, and their respective employees and agents are not related to Dine719.com and Dine719 is not responsible for any of their conduct, acts or omissions.

21. U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

22. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Diego.

23. Member Disputes. You are solely responsible for your interactions with Dine719.com Members. Dine719.com reserves the right, but has no obligation, to monitor disputes between you and Members.

24. Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement. In the event a dispute arises regarding this Agreement or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.

25. Authority. If you are entering into this Agreement on behalf of an entity, you represent and warrant that you have the authority from your respective governing body to enter into this Agreement and to bind your respective company to all the terms and conditions of this Agreement.

SELECTING “YES, I ACCEPT” WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO CREATE AN ACCOUNT AND USE THE SERVICE.