Terms Conditions

 
Terms and Conditions The TucsonEats.com Web site is an interactive online service operated by T & M Company’s LLC TucsonEats.com offers users information services and content provided by TucsonEats.com User Agreement. In order to protect the interests of all of our users, as well as those of our information providers, we ask that you abide by the following rules. By registering as a user or by using TucsonEats.com (the "Service"), you hereby agree to be bound by all of the following terms and conditions ("Terms of Service" or "TOS"). Copyright Notice and Limitations on Use. All of the information, content and services (collectively, the "Content") within this Service are protected by copyright and other intellectual property laws. The Content is owned by TucsonEats.com and its affiliated companies, licensors and suppliers. The Content is intended for personal use only. While you may interact with or download a single copy of any portion of the Content for your personal, noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of TucsonEats.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to Permissions, TucsonEats.com, and PO BOX 935, TUCSON, AZ 85702. You acknowledge that the Content includes certain trademarks and service marks owned by TucsonEats.com, including TucsonEats.com and certain logotypes, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. If you operate a Web site and wish to link to the Service, you must link to the Service’s home page unless permission otherwise has been granted in writing by TucsonEats.com Permissions. TucsonEats.com reserves the right to reject or terminate any links to the Content or the Service. Interactive Areas. The Service’s forums, bulletin boards and chat rooms are provided to give users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. TucsonEats.com, does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums, message boards, bulletin boards or chat rooms. Please use your best judgment, and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language. You may not use the Service’s message boards, bulletin boards or chat rooms for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability. Given the nature of the Service and the volume of messages and postings, TucsonEats.com cannot and does not monitor all of the material posted or transmitted by users and third-party information providers. While you agree that the Service will not be liable for such third-party content, TucsonEats.com reserves the right to delete, move or edit any communications that it deems in its sole discretion to be: volatile of this agreement; harmful to individuals or communities; obscene; defamatory; in violation of TucsonEats.com’s or any third-party’s rights; or otherwise unacceptable. User Content. By placing material on or communicating with TucsonEats.com, you hereby grant to TucsonEats.com and their affiliates and related entities (collectively, "the partners") the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold TucsonEats.com and the partners harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant TucsonEats.com and the partners the right to use your name in connection with the reproduction or distribution of such material. TucsonEats.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the forums, chat rooms and bulletin boards on the Service. TucsonEats.com shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service. Copyrights and Copyright Agents. It is the policy of TucsonEats.com to respond to claims of intellectual property infringement. TucsonEats.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for these sites: TucsonEats.com Phone: 520-406-3579 Email: mario_sanchez@execes.com To be effective, the notification must be a written communication that includes the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 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; 3. 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; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has 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; 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 7. TucsonEats.com Disclaimer: The information on merchandise or services provided in this Service is supplied by the seller or third parties, and TucsonEats.com cannot and does not verify or warrant the accuracy or completeness of the information. The Service and materials contained herein are provided on an "as is," "as available" basis, and TucsonEats.com makes no representations or warranties, TucsonEats.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the Service or materials. You agree to release, hold harmless and indemnify TucsonEats.com from any and all liability arising from incorrect or incomplete information regarding any site. Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER TucsonEats.com, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND TucsonEats.com SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. TucsonEats.com, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF TucsonEats.com, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TO REPAIR THE DAMAGE AND A CLAIM MUST BE FILLED VIA MAIL OR INTERNET WITHIN 12 MONTHS OF THE INCIDENT AND ALL COPIES OF REPAIR RECEIPTS MUST BE PROVIDED BY THE CLAIMANT. Miscellaneous. TucsonEats.com reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability. These Terms of Service will be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in Pima County, AZ., within one year after the cause of action arises or the cause is barred. Any Additional question concerning these “Terms and Conditions” should me directed to: Office of Operation, TucsonEats.com, PO. Box 935, Tucson, AZ 85702-0935, or via email to: mario_sanchez@execs.com