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Terms of Use

Notices and Revisions

Welcome to the Out to Eat with Kids.com.com website. Please read the following Terms and Conditions closely before using, submitting or obtaining any content or services using www.OuttoEatwithKids.com.com (“the Web Site”) operated by Out to Eat with Kids.com, LLC ("Out to Eat with Kids.com"). Out to Eat with Kids.com, LLC is a South Carolina Limited Liability Company with a mailing address of 475-A East Bay Street, Charleston, South Carolina 29403.


INTRODUCTION

The information and services provided by Out to Eat with Kids.com through the Web Site (“Services”) and the use of the Web Site are governed by these terms and conditions (the “Terms and Conditions”). By accessing or using the Web Site or by submitting information to the Web Site, You (the "User" or "You") agree that (1) You have read and familiarized Yourself with these Terms and Conditions, (2) You understand the Terms and Conditions, and (3) You are bound by the Terms and Conditions in Your use of these the Web Site. These Terms and Conditions together with any additional terms and conditions specific to a particular service contained on the Web Site (which are incorporated herein by reference), constitute the entire agreement (the “Agreement”) between the Out to Eat with Kids.com and You regarding this subject matter and supersede and replace any and all prior or contemporaneous agreements between the parties regarding such subject matter.


1. Who Can Use This Web Site

Our Services and the Web Site are not available to, and may not be used by, persons under the age of 18 years old. If You do not qualify, please do not use our Services. If You are submitting information for a business entity, by doing so, You represent that You have the authority to bind that business entity to these Terms and Conditions. Out to Eat with Kids.com may, in its sole and absolute discretion, refuse to allow use of the Web Site or accept a person’s, or entity’s information and may, at any time after accepting such, refuse to permit a person’s, or entity’s, continuing use of the Services and/or Web Site for any reason or for no reason, in Out to Eat with Kids.com's sole discretion.


2. Restrictions on Use of Web Site and Content

2.1 The content and information on this Web Site (including, but not limited to, restaurant information, location, deals, specials and rules), as well as the infrastructure used to provide such content and information, is proprietary to us and/or our affiliates. By accessing the Web Site You agree, and the Company hereby grants to You a personal, non-transferable and non-exclusive license to download, print, view, copy, and email information provided on the Website so long as the purpose of such is for Your own personal use. While You may make limited copies of content and information on the Web Site for Your own personal use, You agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, or services obtained from or through this Web Site.

2.2 Additionally, unless otherwise provided within this Agreement, or unless other specific applicable law requires Out to Eat with Kids.com to do so, You agree not to:


(i) access, monitor or copy any content or information of this Web Site using any robot, spider, scraper or other automated means or any manual process for any purpose, including, but not limited to, monitoring content, without Out to Eat with Kids.com's express written permission;

(ii) violate the restrictions in any robot exclusion headers on this Web Site or bypass or circumvent other measures employed to prevent or limit access to this Web Site;

(iii) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

(iv) deep-link to any portion of this Web Site for any purpose without our express written permission;

(v) "frame", "mirror" or otherwise incorporate any part of this Web Site into any other website without our prior written authorization;

(vi) place false or misleading information on the Web Site;

(vii) imply in any way that Out to Eat with Kids.com is endorsing Your products or services without prior written authorization from Out to Eat with Kids.com;

(viii) post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, or for any other purpose that is unlawful or prohibited by this agreement;

(ix) Upload or transmit to the Web Site or use any device, software or routine that contains Trojan Horses, Worms, Time Bombs, or other computer programming routines that may damage, interfere or attempt to interfere with or intercept, the normal operation of this Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that imposes on the rights of a third party; or

(x) Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of this Site, or take any action that imposes an unreasonable load on our equipment or disguises the origin of the information transmitted through the Site.


3. Intellectual Property

3.1 You acknowledge that all content included on this Web Site, including without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilations (collectively “Content”) are intellectual property and copyrighted works of Out to Eat with Kids.com and/or various third-parties. Reproductions or storage of Content retrieved from this Web Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U. S. Copyright Act of 1976, Title 17 of the United States Code.

3.2 Out to Eat with Kids.com, Out to Eat with Kids and the Out to Eat with Kids.com logo are either registered trademarks or trademarks of Out to Eat with Kids.com, LLC in the U.S. and/or other countries (“Trademarks”). Other logos and product and company names displayed on the Web Site may be the trademarks of their respective owners.

3.3 You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Out to Eat with Kids.com's prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. Out to Eat with Kids.com prohibits the use of Trademarks as a link on, or to, any other web site unless establishment of such a link is pre-approved by Out to Eat with Kids.com in writing.


4. Restaurants

4.1 When You submit information to list Your restaurant or business with the Web Site, You will submit the trade name or service mark of the restaurant or business, a description of the deal or special offered, contact information, a unique email address and telephone number ("Registration Details").

4.2 You represent and warrant: (1) that all Registration Details are accurate and complete at the time of registration, and (2) that the Registration Details will be updated by You, if needed.

4.3 By submitting Registration Details, You grant Out to Eat with Kids.com and/or its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Registration Details throughout the world in any media, now known or hereafter devised.

4.4 You acknowledge and agree that Registration Details are non-confidential and non-proprietary. We take no responsibility and assume no liability for any Registration Details posted or submitted by You. We have no obligation to post Your Registration Details; we reserve the right in our absolute discretion to determine which restaurants, business or Registration Details are published on the Out to Eat with Kids.com.com Web Site. If You do not agree to these terms and conditions, please do not provide us with any Registration Details.

4.5 You are fully responsible for the content of Your Registration Details, (specifically including, but not limited to, the rules or policies of the deal(s) submitted to the Web Site). You are prohibited from posting or transmitting to or from this Web Site: (i) any unlawful, discriminatory, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material that would constitute a contest or sweepstakes under applicable laws; and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages and will indemnify Out to Eat with Kids.com pursuant to section 8 from any violation of the foregoing restrictions, or any other harm resulting from Your posting of content to this Web Site. You acknowledge that Out to Eat with Kids.com may exercise its rights (e.g. use, publish, delete) to any content You submit without notice to You.


5. Consumers

5.1 All prices and amounts shown on this Web Site are in U.S. Dollars (USD), unless otherwise noted.

5.2 Any program, deal, offer or promotion ("Daily Special") displayed on the Web Site is subject to certain specific terms, conditions and restrictions that are to be listed on the Web Site in connection with such Daily Special. We and any participating restaurant reserve the right to alter or withdraw any Daily Special at any time without further notice to You. Each Daily Special is void where prohibited by law. Please refer to and read carefully the terms, conditions and restrictions included on the Web Sites in connection with each Daily Special.

5.3 While Out to Eat with Kids.com strives to provide accurate and up to date information, such content is not created by Out to Eat with Kids.com and sometimes deals may be expired or cancelled or pricing or typographical errors may occur. In the event that there ever is incorrect information due to an error in pricing or information, please email info@outtoeatwithkids.com .


6. DISCLAIMER OF WARRANTIES AND LIABILITIES

6.1 THE SERVICE AND INFORMATION ACCESSED USING THE WEB SITE AND THE WEB SITE ITSELF, INCLUDING ALL CONTENT, INFORMATION, FUNCTIONS, SERVICES, CERTIFICATIONS, DAILY SPECIALS AND THIRD-PARTY OFFERS MADE AVAILABLE ON, OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, ARE ACCESSED AT YOUR OWN RISK AND ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Out to Eat with Kids.com DOES NOT WARRANT THAT THE SERVICES, CONTENT, INFORMATION, FUNCTIONS, SERVICES, DAILY SPECIALS AND THIRD-PARTY OFFERS INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICES OR THE WEB SITE, INCLUDING ANY OTHER MATERIALS OR PROGRAMS USED IN CONNECTION WITH THE SERVICES, OR THE WEB SITE, WILL BE ACCURATE, TIMELY, SECURED, UNINTERRUPTED OR ERROR FREE, OR THAT ANY SUCH DEFECTS WILL BE CORRECTED.

6.2 OUT TO EAT WITH KIDS.COM MAKES NO WARRANTY THAT THE SERVICES, DAILY SPECIALS OR THE WEB SITE WILL MEET USER’S REQUIREMENTS, AND EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS, WARRANTIES OR GUARANTEES. IF A USER IS, DISSATISFIED WITH THE SERVICES, DAILY SPECIALS OR THE WEB SITE, THE USER’S SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES AND/OR THE WEB SITE. OUT TO EAT WITH KIDS.COM MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY SERVICES, TRANSACTIONS, PRODUCTS OR SERVICES/GOODS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE WEB SITE, OR ANY TRANSACTIONS ENTERED INTO AS A PROXIMATE RESULT OF THE SERVICES OR THE WEB SITE.

6.3 Out to Eat with Kids.com is not a referral service and does not recommend or endorse any particular restaurant or service provider. Rather, Out to Eat with Kids.com is only an intermediary that provides selected information about restaurant services and specific deals.


7. LIMITATION OF LIABILITY

7.1 Out to Eat with Kids.com has no liability, will make no refunds, and accepts no responsibilities for any claims, damages and/or delay due to transactions between You and other third-parties visited from the Web Site and for acts of God, shortages, sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather or any other causes beyond the control of Out to Eat with Kids.com. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. Out to Eat with Kids.com shall not be responsible for any third-party's breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability; nor shall Out to Eat with Kids.com be responsible for any other wrongdoing of a third-party (including any liability in tort), as to any products and/or services accessed through this Web Site. Out to Eat with Kids.com shall not be responsible for any third-party's failure to comply with these terms and conditions, nor for any third-party's failure to comply with applicable international, federal, state and/or local law including, without limitation, laws governing the warranty, safety and sale of food products and perishables or restaurant services. To the extent allowed by applicable law, You agree that You will bring any claim or cause of action arising from or relating to Your access or use of this Web Site within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

7.2 IN NO EVENT SHALL OUT TO EAT WITH KIDS.COM BE LIABLE FOR ANY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, OR THE INABILITY TO USE, (1) THE SERVICES , (2) THE FAILURE OR ACCURACY OF THE THIRD PARTY STATEMENTS OR TRANSACTIONS, OR (3) THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOST GOODWILL OR LOST SALES.


8. Indemnity and Release

8.1 You agree to indemnify and hold Out to Eat with Kids.com, and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the User's use of the Services, the Web Site, or any information provided by third-parties accessed from the Web Site, Your violation of the Terms and Conditions, the Agreement and/or the Privacy Policy, Your violation of any rights of another, or Your violation of any federal, state or other law or regulation in the United States or any other country in the world or any breach of any of Your representations, warranties and/or covenants related thereto.

8.2 You and each of Your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge Out to Eat with Kids.com and each of and its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Your use of the Web Site or the Services.


9. Breach

9.1 Without limiting any other remedies available to Out to Eat with Kids.com at law, in equity or under this Agreement, Out to Eat with Kids.com has the right to limit Your activity on the Web Site, immediately issue a warning, suspend, modify or remove Registration Details and/or refuse to provide any of the Services to the User without notice to the User for any of the following reasons:

(i) the User breaches the Terms and Conditions, Privacy Policy and/or this Agreement;

(ii) Out to Eat with Kids.com is unable to verify or authenticate the Registration Details to the satisfaction of Out to Eat with Kids.com;

(iii) if Out to Eat with Kids.com, in its sole discretion, believes it is in the best interest of Out to Eat with Kids.com, its Web Site and/or other Users; or

(iv) Out to Eat with Kids.com, in its sole discretion, believes that the User has directly or indirectly engaged in misrepresentation, fraudulent or illegal activity in connection with the Web Site.


10. Privacy

The Web Site has a Privacy Policy which is hereby incorporated into this Agreement. Therefore it is necessary that the User read and agree to the Privacy Policy prior to accepting these Terms and Conditions. Read the Privacy Policy in full by clicking here.


11. Entire Agreement

These Terms and Conditions and the other documents entered into contemporaneously with or pursuant to them, constitutes the entire Agreement and understanding between the parties and supersedes any previous agreement or understanding between the parties with respect to all matters referred to in them.


12. Governing Law and Jurisdiction

This Web Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. In the event of any dispute arising out of or relating to this Web Site, You agree that this Agreement is governed by and construed and enforced in accordance with the laws of the State of South Carolina as it applies to a contract made and performed in such state and that venue for any lawsuit shall arising out of this Agreement shall be in the state or federal courts located in Charleston, South Carolina.


13. Third Party Links - No Agency

The Web Site may contain links to other websites that are owned and operated by third parties, including websites used for shopping cart and payment functionality. We are not responsible for the practices or omisssions of other websites, for the services provided or for the collection or use of your Personal Information or Anonymous Information at any third party sites. Nothing in the Terms and Conditions and/or Agreement is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, another party in any way.


14. Digital Millennium Copyright Act Notice

14.1 Out to Eat with Kids.com respects the intellectual property rights of others. Out to Eat with Kids.com may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.

14.2 If You believe Your work has been copied and is accessible at our Web Site in a way that constitutes copyright infringement, or that our Web Site contains links or other references to another online location that contains material or activity that infringes Your copyright, You may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.

14.3 Our Agent for notice of claims of copyright infringement on or regarding our web site can be reached as follows:


BY MAIL: Out to Eat with Kids.com, LLC

BY EMAIL: info@outtoeatwithkids.com

BY TELEPHONE: 843.606.0761

Please provide our Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):


(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


15. Severability

In the event any one or more provisions of this Agreement shall be declared illegal or unenforceable under any law, rule or regulation of any government having jurisdiction over the parties hereto, such illegality and unenforceability shall not affect the validity or enforceability of the other provisions hereof, which shall remain in full force and effect.


16. Modification

The terms of this Agreement will not be modified on an individual basis. You agree that we may modify the terms of this Agreement (or discontinue this Web Site) in our sole discretion, without advance notice, and that Your right to access this Web Site is conditioned on an ongoing basis with Your compliance with the then-current version of these Terms and Conditions. You should therefore visit this page frequently.


17. Waiver

Failure of Out to Eat with Kids.com to enforce one or more of the provisions of this Agreement or to exercise any rights hereunder or to require at any time performance of any of the obligations hereof, shall not be construed to be a waiver of such provisions by Out to Eat with Kids.com nor in any way to affect the validity of this Agreement or Out to Eat with Kids.com's right thereafter to enforce each and every provision of this Agreement.


By accessing and using the website, You agree to be bound by this Agreement for as long as You continue to be a User. IF YOU DO NOT AGREE TO such TERMS, PLEASE DO NOT use this web site. The Terms are subject to change by the Company at any time, effective upon posting updated Terms on our web site; any use of the Service after such notice will constitute acceptance by You of such changes.


 

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Contact Information

To get in touch with us for any reason, we encourage you to fill out the form on the Contact Page, or contact us using the information below.

{ Email } info@outtoeatwithkids.com

Please NOTE, we do our BEST to keep this site ACCURATE. If a listed special is no longer valid, please email info@outtoeatwithkids.com - THANK YOU!