Mobile Application/Website Use Terms and Conditions
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.
of this Policy and Agreement
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.
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.
or Harmful Use
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.
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
Violations:Including, without limitation,
violations of the Export Administration Act and the Export Administration
Regulations administered by the Department of Commerce.
Conduct:Offering or disseminating
fraudulent goods, services, schemes, or promotions (e.g., make-money-fast
schemes, chain letters, and pyramid schemes).
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.
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.
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.
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.
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
Security and Integrity
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
·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.
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.
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.
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.
and Enforcement of the Agreement
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.
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.
of Warranties and Liability
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.
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.
hope you enjoy using our mobile application, website and find our services beneficial
and useful to your business.