May 15, 2011
Terms and Conditions of Use
Boomerang Dining, LLC (Boomerang Dining) welcomes you to our website. By using
our website you agree to be bound by the Terms and Conditions (as outlined in
elsewhere on the Boomerang Dining website.
Boomerang Dining reserves the right to make changes to our website and the Terms
and Conditions and Legal Notices at any time. Each time you use the Boomerang
Dining website, you should visit and review the current Terms and Conditions and
with the Boomerang Dining website, its content or Terms and Conditions, you
agree that your sole and exclusive remedy is to discontinue using the website.
Tampering with the website, misrepresenting the identity of a user, or conducting fraudulent activities on the website is prohibited.
Our Services and Method of Delivery
Boomerang Dining is an online information resource provided for
people to use as a reference for viewing local dining information through our
website located at
. Our dining establishment clients receive a
customized webpage and a place in our database which is maintained online via
our hosting company. Additional marketing services are available and would be
provided via email and other internet based services.
Conditional Use of Our Site and Services
By using our website you agree that you:
will comply with these Terms of Service;
- are 13 years of age or older;
- will not copy or distribute any part of Boomerang Dining in any medium without
Boomerang Dining's prior written authorization;
- will provide accurate information when creating an account or registering for
our current or future Services;
- are solely responsible for your User ID and the activity that occurs while
signed in to or while using Boomerang Dining using your User ID;
- will not use Boomerang Dining to collect any personally identifiable
information, including account names, email addresses, or other such
information, for commercial purposes;
- will not use the communication systems provided by or contacts made on
Boomerang Dining for any commercial solicitation purposes;
- are solely responsible for your Content submissions, including discussion
posts, profile information and links, pictures, and other such content;
hereby affirm we have the right to determine whether any of your Content
submissions are appropriate and comply with these Terms of Service, remove any
and/or all of your submissions, and terminate your account with or without prior
Links to Third Party Sites
We don't have control over restaurant websites that Boomerang
Dining provides on our webpages. Boomerang Dining contains links to third party
websites that are not owned, operated, or controlled by Boomerang Dining and
therefore, we cannot and do not assume responsibility for the content, privacy
policies, or practices of such websites or the companies that own them.
Furthermore, we cannot and will not censor or edit the content of any third
party website. By using Boomerang Dining you expressly relieve us from any and
all liability arising from your use of any third party website.
Communications between you and Boomerang Dining primarily use
electronic means, via use of our website or by sending us emails. Other
electronic communications include posting of notices on our website or
communicates with you via email. For contractual purposes, you (a) consent to
receive communications from Boomerang Dining in an electronic form; and (b)
agree that all terms and conditions, agreements, notices, disclosures, and other
communications that Boomerang Dining provides to you electronically satisfy any
legal requirement that such communications would satisfy if it were in writing.
You agree to defend, indemnify and hold harmless Boomerang
Dining, its parent company, officers, directors, employees and agents, from and
against any and all claims, damages, obligations, losses, liabilities, costs or
debt, and expenses (including but not limited to reasonable attorney's fees)
arising from: (i) your use of and access to Boomerang Dining; (ii) your
violation of any term of these Terms and Conditions; (iii) your violation of any
third party right, including without limitation any copyright, property, or
privacy right; or (iv) any claim that any Content submitted by you causes damage
to a third party.
Disclaimers and Limitation of Liability
By using the Boomerang Dining website, you expressly agree that
use of the Boomerang Dining website is at your sole risk. The Boomerang Dining
website is provided on an "as is" and "as available" basis. Boomerang Dining
does not warrant that information presented will be uninterrupted or error-free.
Since the information posted is obtained from outside sources, Boomerang Dining
cannot warrant the accuracy, integrity or completeness of the content provided
on our website. No oral advice or written information given by Boomerang Dining
shall create a warranty.
Under no circumstances shall Boomerang Dining be liable for any
direct, indirect, incidental, special or consequential damages that result from
your use of or inability to use our Boomerang Dining website, including but not
limited to reliance by you on any information obtained from the Boomerang Dining
website that results in mistakes, omissions, interruptions, deletion or
corruption of files, viruses, delays in operation or transmission, or any
failure of performance. The Limitation of Liability shall apply in any action,
whether in contract, tort or any other claim, even if an authorized
representative of Boomerang Dining has been advised of or should have knowledge
of the possibility of such damages. User hereby acknowledges that this paragraph
shall apply to all content, merchandise and services available directly or
indirectly through the Boomerang Dining website.
Errors on the website
Information displayed on our website originates from several
sources. Errors will be corrected where discovered in a timely manner once they
have been verified. Boomerang Dining always welcomes your feedback as a user to
help highlight potential errors in information on the website. A “Feedback” link
has been provided for this purpose.
Boomerang Dining will gladly refund your monthly
payment if we are not able to meet the terms of our agreement. A written
request must be submitted within 7 days from the contract initiation or by the
7th of the corresponding month. For annual subscription service, Boomerang
Dining may refund the remainder of the subscription fee on a pro-rata basis if
the request is submitted within 14 days from the contract initiation.
Termination of Use
Boomerang Dining reserves the right to change, suspend or discontinue all or any aspects of the Boomerang Dining website at any time without prior notice.
Thank you for using Boomerang-dining.com.