Terms & Conditions

Mobile Application/Website Use Terms and Conditions

The following terms apply to your use of and access to any The Clever Diner, LLC (TCD) owned or operated Mobile Application and Websites ("Websites"), as well as any electronic transmission sent, received, posted, accessed, or stored via any TCD network ("Network"), including without limitation its Websites, data, and messaging services; Internet services; and internal email network for communicating with TCD employees.  Certain products or services offered through our Websites may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.

Coverage of this Policy and Agreement  

In addition to other agreements between you and TCD, including any license, these terms explain the policies that govern your access to and use of our Websites and Network, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable.  By accessing or using our Websites or Network, you agree to these terms (collectively the "Policy and Agreement"), as TCD may modify it from time to time.  If you do not agree to accept and comply with the Policy and Agreement, do not access or use our Websites or Network.

Links to Third-Party Websites  

TCD’s Websites may contain links to other Websites that are maintained by third parties over which TCD has no control.  These links are provided for convenience only.  Use of these links will cause you to leave this Website and use of third-party Websites is entirely at your own risk.  TCD makes no representation or warranty concerning any other Website or the information, products or services offered or appearing on or through these Websites.  TCD does not sponsor or specifically endorse the operators of the Websites or the content, products or services they provide, and TCD is not responsible or liable for the conduct of the Websites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at the Websites.   By signing up to use TCD platform to promote your business offerings, you agree to allow TCD to provide links to your website and agree to allow TCD to display your Company logo on our Website, if TCD chooses to do so, until such time that your business no longer maintains a business account with TCD.  

Illegal or Harmful Use  

You may access and use this Website only for lawful purposes.  You agree to comply with all laws applicable to your use of this Website.  You are responsible for any transmission you send, receive, post, access, or store via this Website, including the content of any communication.  Transmitting, distributing, or storing any material that violates any applicable law is prohibited.  Additionally, the following non-exhaustive list details the kinds of illegal or harmful conduct that are prohibited:

·         Infringement: Infringement of intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right.  Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, articles, musical works, and videos.

·         Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, abusive, inflammatory or otherwise objectionable or impersonate or invade the privacy or publicity rights of another.

·         Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce.

·         Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes).

·         Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, server, computer database, or Website that you access.

·         Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

·         Applicable Government Regulations: Disseminating or posting material that violates Local, State and/or Federal laws and regulations including, without limitation, Sarbanes-Oxley, Gramm-Leach-Bliley and HIPAA. 

Electronic Communications  

You may not distribute, publish, or send through our Network: (1) unsolicited advertisements, solicitations, commercial e-mail messages or promotional messages of any kind (commonly referred to as "spam"); (2) unsolicited informational announcements; (3) chain mail; (4) numerous copies of the same or substantially similar messages; (5) empty messages; (6) messages which contain no substantive content; or (7) very large messages or files that disrupt a server, account, newsgroup, or chat service.

Likewise, you may not (1) participate in collecting e-mail addresses, screen names, or other identifiers of others, a practice sometimes known as spidering or harvesting; (2) participate in using software (including "spyware") designed to facilitate such activity; (3) collect responses from unsolicited messages; or (4) use any of our mail servers or another Website's mail server to relay mail without the express permission of the account holder or the Website.

Network Security and Integrity  

You may not violate the security of our Websites or Network in any way.  Such violations may result in criminal or civil liability.  TCD may, but is not obligated to, investigate any violation of our Network. TCD may cooperate with law enforcement where criminal or unauthorized activity is suspected.  By using TCD products and services or sending, receiving, posting, accessing, or storing any electronic transmission via our Network, you agree to cooperate, as well, in any such investigation.  Examples of Network security violations include, without limitation:

·         Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network.

·         Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network.

·         Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks.

·         Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with the Services, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier.

·         Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by TCD or attempting to gain unauthorized access to, alter, or destroy any information that relates to any TCD client or other end-user. TCD may, but is not obligated to: (1) take any action it deems necessary to protect its Websites and Network, its rights or the rights of its clients or third parties, or (2) optimize or improve its Websites, Network, services, systems, and equipment.  You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Websites or Network.  TCD may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

Investigation and Enforcement of the Agreement  

All users of the Services must adhere to the terms of this Agreement. TCD has the right, but is not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution.

TCD may also access and disclose any information, including transactional information, related to your access and use of this Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting TCD’s rights or property and those of our clients; (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or (5) to perform an engagement, including providing information to business partners assisting TCD in its performance of the engagement.  INDIRECT OR ATTEMPTED BREACHES OF THIS POLICY AND AGREEMENT, AND ACTUAL OR ATTEMPTED BREACHES BY A THIRD PARTY ON BEHALF OF A COMPANY, AFFILIATE, OR CLIENT, MAY BE CONSIDERED BREACHES OF THIS POLICY AND AGREEMENT BY SUCH COMPANY, AFFILIATE, CLIENT, USER OR YOU.

Disclaimer of Restaurant Offers

All offers presented on the TCD mobile application and its Websites are based on information publicly available at the time they were added to the platform and/or were directly provided by a representative of the related Restaurant and as such, are subject to change at any time without notice and may not be honored at the Restaurant owner’s discretion.  All such offers have no independent monetary value, are not redeemable by TCD or any of its affiliates and may not be valid upon presentation at the given Restaurant establishment.  Note: we do our best to ensure all offers provided by Restaurant owners are valid at the time of posting but we are limited in our ability to continuously verify the validity of offers posted on our platform so there is a real possibility the offer you would like to use may have expired or changed without warning or notice.  Therefore, all TCD application users are required to check directly with the respective Restaurant manager prior to attempting to use any discount offers posted on the mobile application or on our Website.

Disclaimer of Warranties and Liability  

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE TCD WEBSITES OR NETWORK IS PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE COMPLETENESS, CURRENTNESS, ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ASSUME FULL RESPONSIBILITY FOR THE SELECTION OF THE TCD WEBSITES OR NETWORK TO ACHIEVE INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM THE TCD WEBSITES OR NETWORK.  TCD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE TCD WEBSITES OR NETWORK WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE TCD WEBSITES OR NETWORK WILL BE UNINTERRUPTED OR ERROR FREE, VIRUS FREE, OR CONTINUOUSLY AVAILABLE.  TCD MAKES NO WARRANTY REGARDING LINKS TO THIRD-PARTY WEBSITES OR THIRD-PARTY SOFTWARE THAT MAY BE INCLUDED WITH THE TCD WEBSITES OR NETWORK.  USE OR ACCESS TO SUCH THIRD-PARTY LINKS AND SOFTWARE, OR WEBSITES IS DONE SO ENTIRELY AT YOUR OWN RISK.

YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE TCD WEBSITES OR NETWORK.  BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY CONTAIN ERRORS, YOU ARE ADVISED TO VERIFY AND BACKUP YOUR WORK.  THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY WHICH INCLUDES ANY CLAIM BASED ON CONTRACT, TORT OR STRICT LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, COMPENSATORY, SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.  THESE LIMITATIONS APPLY EVEN IF TCD IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THE AGGREGATE LIABILITY OF TCD, ITS AGENTS, AND ITS LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO TCD UNDER THIS AGREEMENT. THIS LIMITATION ON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THE AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.  TCD SHALL HAVE NO LIABILITY FOR LOSS OF DATA OR DOCUMENTATION ON THE TCD WEBSITES OR NETWORK, YOU ARE RESPONSIBLE FOR REASONABLE BACKUP PRECAUTIONS OF YOUR RECORDS.  THE PARTIES AGREE TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION.  YOU ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THE LIMITATIONS CONTAINED HEREIN, ANY FEES CHARGED UNDER THIS AGREEMENT WOULD BE SIGNIFICANTLY HIGHER.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TCD IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

We hope you enjoy using our mobile application, website and find our services beneficial and useful to your business.

Best wishes,

The Clever Diner, LLC