Terms and Conditions

LocalDiningOut.com website is an online information service provided by Metro Web Service. By using the services on the LocalDiningOut.com website, you, also known as the “visitor”, are agreeing to the following Terms and Conditions, including those available by an internal hyperlink (Privacy Policy, Etc.). If you do not agree with these Terms and Conditions, then do not use this service and/or the LocalDiningOut.com website.

Metro Web Service reserves the right to update or modify these Terms and Conditions at any time without prior notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. If any terms contained in this Agreement conflict with any terms contained within another web page of this website, the terms of this Agreement shall control. Your continued use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on another web page of this website. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

Our website contains facts, views, opinions and statements of the clients, third parties, visitors and other organizations. Metro Web Service and/or its employees, affiliates or other representatives do not represent or endorse the accuracy, integrity, quality or reliability of any advice, opinion, statement or other information displayed or distributed through this website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that Metro Web Service and/or its employees, affiliates or other representatives shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on this website.

LocalDiningOut.com is originated and located in the United States and is controlled and operated by Metro Web Service. These Terms and Conditions constitute the Agreement between you as the visitor and Metro Web Service and governs the visitor’s use of this service, superceding any prior Agreements between the visitor and Metro Web Service. The validity, terms, performance and enforcement of this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, (without regard to conflicts of laws principles.) Any dispute arising out of or relating to this Agreement, your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the County of Hudson, New Jersey, and you hereby submit to the personal jurisdiction of such courts. If any provision in Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. The failure of Metro Web Service to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Use of this service and/or website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section. The visitor agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement may be executed in counterparts, all of which when taken together shall be deemed a fully executed original.

Metro Web Service invites you to visit LocalDiningOut.com and is providing this site and its content on an "as is" basis and makes no representation or warranties of any kind with respect to this website or its content. LocalDiningOut.com is a subscription service paid for by the clients listed and while all reasonable care has been taken to ensure accuracy of the website information, Metro Web Service accepts no responsibility or liability for any omissions, errors or inclusions of any listings. Nor does the information imply an opinion on the part of Metro Web Service, or any endorsement by Metro Web Service. Metro Web Service is not responsible for changes in menus, addresses, phone numbers, prices, URL links, hours of operation, delivery services or other information, which are provided by the clients. It is the sole responsibility of the subscribing clients to notify Metro Web Service of any changes. There is no expressed, written or implied guarantee from Metro Web Service’s liability for any damage that may occur from your use of the LocalDiningOut.com website. Metro Web Service disclaims all such representation and warranties. In addition, Metro Web Service does not endorse, recommend or stand behind the truthfulness, completeness, reliability or accuracy of information provided by the clients, businesses or their respect owners on the LocalDiningOut.com website. Further, we make no warranty or representation as to the quality of the goods or services posted. Metro Web Service has no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with the clients listed on the LocalDiningOut.com website.

All names, trademarks, trade names, logos, designs, menus and other information of the clients listed on LocalDiningOut.com are property of the clients, businesses, their respective owners and applicable U.S. Trademarks and Copyright laws apply. All information contained on this website is for personal and informational purposes only. Metro Web Service makes no guarantees of the products or services of the client’s listings. The Content of this website, and the site as a whole, is intended solely for personal, non-commercial use by the visitors of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Metro Web Service.

We encourage your Comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to LocalDiningOut.com or Metro Web Service shall be and remain the exclusive property of Metro Web service. Your submission of any such Comments shall constitute an assignment to Metro Web Service of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Metro Web Service will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

We have done our best to display as accurately as possible the colors of the information shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Unplanned outages may occur. The LocalDiningOut.com website occasionally experiences outages during which visitors cannot view the information provided. Metro Web Service shall have no liability for the resulting unavailability of the website or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of web hosting providers or the internet infrastructure and network external to the website.

The LocalDiningOut.com website contains external links to web sites operated by other parties of which Metro web Service has no control over such websites. Please be advised that once you leave our website, your use of the internet will be governed by the terms of usage agreements and privacy policies, if any, of the particular website that you are accessing, including those of our clients, operational providers, advertisers, sponsors, promotional partners and any other party. Metro Web Service and/or its employees, affiliates or other representatives will not be responsible or liable for the content, activities, or privacy practices of the other websites, or any loss or damage that could result from leaving our website. We are not responsible for the content and performance of these websites or for your transactions with them. Metro Web Service is providing these links to you only as a convenience. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. This service does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ANY AND ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, INCOME, PROFITS, SAVINGS OR OTHER GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES AND LOSSES, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF METRO WEB SERVICE AND/OR ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES OR ANY OTHER PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

METRO WEB SERVICE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LOCALDININGOUT.COM WEBSITE WILL MEET THE VISITOR’S REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL METRO WEB SERVICE AND/OR ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES OR ANY OTHER PARTY BE LIABLE TO ANY VISITOR OR ANY THIRD PARTY FOR ANY AND ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, INCOME, PROFITS, SAVINGS OR OTHER GENERAL, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES AND LOSSES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEBSITE OR SERVICES OFFERED FROM THE WEBSITE, WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF METRO WEB SERVICE AND/OR ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES OR ANY OTHER PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. USE OF THIS SERVICE AND/OR WEBSITE IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THIS SECTION.

METRO WEB SERVICE MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

IN NO EVENT, SHALL METRO WEB SERVICE AND/OR ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES OR ANY OTHER PARTY BE LIABLE TO ANY INTERNET USER FOR DAMAGES SUSTAINED TO PERSON OR PROPERTY AS A RESULT OF:

(1) ANY FAILURE OR INTERRUPTION OF THIS SITE;
(2) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS;
(3) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE;
(4) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE;
(5) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF METRO WEB SERVICE AND/OR ITS EMPLOYEES, AFFILIATES, REPRESENTATIVES OR ANY OTHER PARTY;
(6) ANY DEFECT IN ANY PRODUCT OR SERVICE PROVIDED.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF METRO WEB SERVICE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE DOLLAR ($1.)

In case of a lawsuit from the visitor to Metro Web Service, or Metro Web Service to the visitor, the visitor agrees to settle the dispute in the courts located within the County of Hudson, New Jersey. Both parties hereby are subject to the exclusive jurisdiction of said court. If an action is commenced to enforce payment as provided herein, the visitor agrees to pay for any Metro Web Service’s expenses with Attorney's fees, court costs, and any other costs we see may fit related to these matters.

By accepting this Agreement, the visitor agrees to waive and hold Metro Web Service harmless from any claims relating to any action taken by Metro Web Service. The visitor agrees that it shall defend, indemnify, save and hold Metro Web Service harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees asserted against Metro Web Service, its employees, affiliates and other representatives, that may arise or result from any service provided or performed or agreed to be performed or any product sold by a client from Metro Web Service’s service. The visitor agrees to defend, indemnify and hold harmless Metro Web Service against liabilities arising out of:

(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with Metro Web Service’s service;
(2) Any material supplied by the client infringing or allegedly infringing on the proprietary rights of a third party;
(3) Copyright infringement;
(4) Any defective products sold by a client from Metro Web Service’s service.

Metro Web Service shall be the sole judge of what violates these Terms and Conditions.

By accessing and using the LocalDiningOut.com website, you agree that your access to and use of this website is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of New Jersey, United States of America. If you are dissatisfied with this website or any content on the site, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of the site is at your sole risk.

Should you have any questions regarding any of the clients advertising on this site, reporting any errors on this site or regarding the Terms and Conditions on this site, please click here to contact us.

Last updated June 2008.