| November 24, 2006 |
|
D. J.
Ardore's Privacy Policy |
Please read the following Website User Agreement carefully before using this website.
This Website User Agreement (herinafter referred to as “UTOS”) describes the terms and conditions applicable to your use of D. J. Ardore, Inc. (hereinafter referred to as “ARDORE”) owned websites (hereinafter WEBSITE), which may be updated by ARDORE without notice to you. This Website User Agreement constitutes an agreement between you the user (hereinafter YOU), and ARDORE. If YOU do not accept the terms of this user agreement, YOU may not use this website. ARDORE may from time to time revise these terms and conditions by updating this posting.
BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.
MATERIAL in this website are either owned or copyrighted by ARDORE, their advertisers and/or by others. Except as stated herein, none of the MATERIAL on WEBSITE may be saved, downloaded, copied or reproduced in any form including but not limited to electronic, digital, mechanical, photocopying without the prior written consent of ARDORE. All electronic images, virtual tours and video are for viewing purposes only. No permission is granted to download and/or save any of the MATERIAL including but not limited to text, electronic images, photographic images, virtual tours, video, recipes, menus, hours, driving directions, business description, coupons, entertainment information, business name and/or logo and any other information published on this website (hereinafter referred to as MATERIAL) to any computer storage device.
Permission is granted to YOU to print the web pages on WEBSITE providing (i) you print only one copy, (ii) the MATERIAL contained within such web pages will be used for your non-commercial personal use only, (iii) all copyright and proprietary notices are printed on the copies, and (iv) you do not distribute the copy in whole or in part to any third party or entity. This permission terminates automatically if you breach any of these agreement terms and conditions. Additionally the MATERIAL on this website is not to be saved, downloaded or stored on any non-ARDORE owned Internet computer servers.
ARDORE makes NO representation that the materials and MATERIAL contained in this website are legal in all jurisdictions. You the user are responsible to ensure that viewing the MATERIAL and materials in this website is in compliance with applicable local and state laws.
YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by ARDORE for completeness or accuracy. ARDORE, their licensors and/or advertisers are NOT responsible for typographical errors or omissions of any kind, including, but not limited to, prices, menus, hours, driving directions, recipes, description, coupons, entertainment information, for any listed and/or advertised business on WEBSITE. The information for each business is provided for informational purposes only. YOU, the user, bear the entire risk of using the materials and MATERIAL of this WEBSITE. All MATERIAL on this website is subject to change, without notice.
Hyperlinks
The WEBSITE may provide YOU, the user, with links to third party web sites not owned or affiliated with ARDORE. ARDORE has no control over these websites nor the MATERIAL within them, and does not endorse the MATERIAL of any hyperlinked web site. ARDORE is not responsible for the availability of these linked web sites. Additionally, ARDORE shall not be held responsible nor liable, directly or indirectly, for any claim in connection with computer viruses, MATERIAL, goods or services provided or offered on or through any of these third party web sites or any other website that may be linked to these third party websites.
Communications & Privacy (D. J. Ardore's Privacy Policy)
Any text, image, material, information, form, or e-mail (hereinafter referred to as “INFORMATION”) YOU, the user, transmit or provide to and/or through (i) ARDORE at this domain and/or other domain, (ii) ARDORE advertisers on WEBSITE, (iii) businesses listed on WEBSITE and/or (iv) this WEBSITE and/or ARDORE databases by any means will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the property of ARDORE. ARDORE shall not disclose INFORMATION to third-parties without your written or verbal consent, except that ARDORE may disclose such information to ARDORE’s clients and/or WEBSITE advertisers and to third parties that perform services on ARDORE’s behalf. YOU, the user agree, that ARDORE is not responsible for how INFORMATION YOU transmitted and/or provided is used. YOU, the user, agree not to transmit or provide to and/or through ARDORE at this domain and/or other domain, ARDORE advertisers on WEBSITE, businesses listed on WEBSITE and/or this WEBSITE and/or ARDORE databases any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive INFORMATION.
Reservation Request Service (Reservation Request Service Policy)
If YOU the user choose to send a reservation request via this WEBSITE reservation request service, YOU the user consent and agree that INFORMATION provided shall be transmitted to the business you selected via a non-secure e-mail, fax transmission and/or cell phone text message in accordance with D. J. Ardore's Privacy Policy. YOU the user agree ARDORE is not responsible for lost or misdirected reservation requests regardless of cause. YOU the user acknowledge and agree that ARDORE will maintain a permanent record of such reservation request. YOU the user agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, from any claim including reasonable attorneys fees arising from or related to your reservation request.
Online Food Ordering Service (Online Food Ordering Service Policy)
If YOU, the user, choose to order food via this WEBSITE online food ordering service, YOU, the user, consent and agree that INFORMATION provided shall be transmitted to the business you selected via a non-secure e-mail, fax transmission and/or cell phone text message in accordance with D. J. Ardore's Privacy Policy. YOU, the user, agree that ARDORE is not responsible for lost or misdirected online food orders regardless of cause. YOU, the user, acknowledge and agree that ARDORE will maintain a permanent record of such online food orders. YOU, the user, agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, from any claim including reasonable attorneys fees arising from or related to your online food order.
Gift Certificate Purchases (Gift Certificate Purchase Policy)
If YOU the user choose to purchase a gift certificate via this WEBSITE gift certificate online order form, you the user consent and agree that all INFORMATION provided shall be transmitted to the business you selected via a secure electronic method and/or by non secure facsimile transmission (fax). Gift Certificates YOU purchase are valid for one (1) year from date of purchase unless otherwise noted on the gift certificate online order form and confirmation. Gift Certificates are NOT refundable and cannot be redeemed for cash. YOU are purchasing the Gift certificates from the business selected and shall be charged for the Gift Certificates directly from the business. YOU agree to pay for your Gift Certificate purchases in accordance with your credit card agreement. YOU the user agree ARDORE is not responsible for lost or misdirected Gift Certificates requests and/or lost or misdirected shipping of such Gift Certificates to YOU regardless of cause. YOU the user acknowledge and agree that ARDORE will maintain a permanent record of such gift certificate purchase except that upon transmitting of gift certificate purchase INFORMATION to the business you selected ARDORE shall not maintain a record of the credit card information provided. YOU the user agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, from any claim including reasonable attorneys fees arising from or related to your Gift Certificate purchases, Gift Certificate redemption and/or the process of transmitting INFORMATION provided by YOU the user, to the business YOU selected.
ARDORE and/or licensors and/or others own all trademarks, service marks and/or copyrighted material posted on WEBSITE. No trademarks, service marks and/or copyrighted material posted on WEBSITE may be used without the prior written consent of their owner. The trademarks ARDORE, D. J. ARDORE'S, RESTAURANTARDORE and RESTAURANTPASSION are owned by ARDORE. All other trademarks or service marks are owned by their respective companies. ALL TRADEMARKS WHETHER MARKED OR UNMARKED, ARE THE PROPERTY OF THEIR RESPECTIVE OWNER.
As a condition of your use of WEBSITE, YOU warrant and represent that YOU will not use the WEBSITE for any commercial purposes or for any purpose that is unlawful or prohibited by these terms. Furthermore, YOU specifically agree NOT to use this WEBSITE to solicit the businesses listed and/or advertised on this WEBSITE for any commercial and/or fund raising purpose. In addition, YOU agree not to use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with another person's use and enjoyment of the WEBSITE. Sending commercial e-mail information and/or solicitations, sending commercial information and/or solicitations via online WEBSITE forms and/or making commercial telephone calls to businesses listed and/or advertised on this WEBSITE is strictly prohibited, and a violation of the terms and conditions of the use of this WEBSITE. Such violation may result in civil and/or criminal penalties against the sender and those assisting the sender.
Only non commercial communications for obtaining information about the products and/or services businesses listed and/or advertised on this WEBSITE provide is permitted.
YOU the user acknowledge and agree that ARDORE makes no warranty that this website shall meet your requirements, or that this website is error free or that the quality of the products or services provided by ARDORE and/or its licensors, advertisers, and vendors will meet your expectations. Additionally, YOU the user agree you are solely responsible for any damage caused to your computer system or data loss regardless of cause including but not limited to accessing and downloading corrupt or virus containing files resulting from your use of WEBSITE or any third party website however linked to this WEBSITE.
YOU the user agree to indemnify and hold harmless ARDORE its directors, officers, employees, agents, vendors, advertisers, and clients from any claim arising from (i) your use of WEBSITE, or (ii) violation of the terms and conditions of the use of this WEBSITE or (iii) your violation of any law or (iv) your violation of the rights of any third party.
YOU THE USER AGREE THAT ARDORE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF THE USE OR IN CONNECTION WITH THE USE OR ANY OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.
YOU the user represents, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least 18 years of age; and, (c) YOU will only use the website in accordance with the terms and conditions contained herein.
Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
The waiver by ARDORE of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by YOU.
This Website User Agreement (UTOS) constitutes the entire agreement between ARDORE and YOU, the user, and supersedes any previous agreements on this subject. If any part of this agreement is found to be unenforceable for any reason, all other parts of this agreement shall remain in effect. Any non-enforcement of this agreement by D. J. Ardore, Inc. shall not be considered a waiver of rights. The laws of the State of New Jersey shall govern this agreement. The State of New Jersey is the exclusive jurisdiction for disputes. Venue for any disputes will be in State court in Morris County, New Jersey or Federal Court located in Newark, New Jersey.
Forward any questions or comments regarding this WEBSITE to webmaster@djardore.com