Terms of Service

Introduction and Agreement. This website (the "Site") is owned and operated by MenuWho.com, a division of MenuWho.com LLC ("MenuWho.com"). These Terms of Service apply to the Site, located at www.MenuWho.com. By using the Site, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of these Terms of Service. Click here to review the Site's Privacy Statement.

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the "Site"), you ("you" or the "End User") agree to the terms and conditions that we ("MenuWho.com") have provided. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" or "Agreement"), please refrain from using the Site.

MenuWho.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

IMPORTANT: ALL USERS MUST READ

This is a summary of our terms, conditions and privacy policies. For our complete terms and conditions, please read below and visit our Privacy Policy.

Your privacy is important to us and we want to protect it. We will not share your personal information with anyone other than those listed in our Privacy Policy. Please see our Privacy Policy for details.
We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by logging in to your account on MenuWho.com or by hitting the unsubscribe button at the bottom of any of our email correspondence. Please see our Privacy Policy for details.
If you have any questions about these terms, please contact us at accounting@MenuWho.com To read the complete MenuWho.com Terms and Conditions, please see below.

MenuWho.com Is an Advertising and Research Service. MenuWho.com operates the Site as an online advertising and research service for restaurant patrons.

I. TERMS OF USE

Definitions. "MenuWho.com" provides a unique interactive online service operated by MenuWho.com LLC on the World Wide Web of the Internet (the "Web"), consisting of information services and content provided by MenuWho.com.
General: These Terms of Service may be changed at any time and you will be notified of any such changes by an updated posting of the new Terms of Service on this page of the Site. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. MenuWho.com may modify, suspend, discontinue or restrict the use of any portion of the Site without notice or liability. This Site includes links to other websites not established or supervised by MenuWho.com. MenuWho.com does not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be exclusively filed in the federal or state courts located in Will County, Illinois, within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Will County, Illinois, and waive any objection based on forum non conveniens. As a condition of using this Site, you agree that all causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of these Terms of Service will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect. Failure by MenuWho.com to enforce any provision of this Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. This Terms of Service constitutes the entire agreement between the parties regarding the subject matter hereof. Neither this Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
Site Content. All information and content available on this Site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by MenuWho.com, its Affiliates, and/or their respective licensors and suppliers (collectively, "Licensors"). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of MenuWho.com.
Software. Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by MenuWho.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Modified Terms.
MenuWho.com reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon MenuWho.com's posting thereof. Any use of MenuWho.com by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
Equipment. End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. MenuWho.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
Linking. If you operate a website and wish to link to the Site, you must link to the Site's home page unless permission otherwise has been granted in writing by MenuWho.com. MenuWho.com reserves the right to reject or terminate any links to the Content or the Site.
Unsolicited Materials. MenuWho.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 Site. MenuWho.com and the Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the Site.
Representations/Indemnity. You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation. You agree to release, defend, indemnify and hold MenuWho.com, its Affiliates, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Site or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
End User Conduct. This Site and any individual restaurant web pages now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the "Web pages") are private property. All interactions on this Site and/or the Web pages must comply with these Terms of Use. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Web pages to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without MenuWho.com's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in MenuWho.com's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Web pages is strictly prohibited. End User shall not use this Site or any of the Web pages to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Web pages to become users of other on- or offline services directly or indirectly competitive or potentially competitive with MenuWho.com.

The foregoing provisions of this Section 10 apply equally to and are for the benefit of MenuWho.com, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Warranty Disclaimer. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. MENUWHO.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE LISTING SERVICE OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE LISTING SERVICE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND MENUWHO.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. MENUWHO.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE SITE OR IN THE CONTENT.
Limitation of Liability. MENUWHO.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY 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 SITE, THE SOFTWARE, CONTENT, THE MATERIALS, THE LISTING SERVICE, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF MENUWHO.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED FIFTY DOLLARS ($50). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.
Termination of Service. You understand and agree that in MenuWho.com's sole discretion, and without prior notice, your access to this Site may be terminated or suspended, and MenuWho.com may exercise any other remedy available and remove any Materials, if MenuWho.com believes that your use of the Site and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of MenuWho.com, any Affiliate or Licensor, or another User of the Site, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to MenuWho.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that MenuWho.com post a bond. MenuWho.com is not required to provide any refund to you if you are terminated as an authorized User of the Site because, in MenuWho.com's sole discretion; you have violated these Terms of Service.
Monitoring. MenuWho.com shall have the right, but not the obligation, to monitor the content of the Site at all times, to determine compliance with this Agreement and any operating rules established by MenuWho.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, MenuWho.com shall have the right to remove any material that MenuWho.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Trademarks. MenuWho.com is a trademark of MenuWho.com LLC All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on MenuWho.com are the property of their respective owners.
Third Party Content. MenuWho.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, MenuWho.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of MenuWho.com. Neither MenuWho.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 12 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with MenuWho.com. MenuWho.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on MenuWho.com by anyone other than authorized MenuWho.com employee spokespersons while acting in official capacities. Under no circumstances will MenuWho.com be liable for any loss or damage caused by an end user's reliance on information obtained through MenuWho.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through MenuWho.com.

MenuWho.com contains links to third party Web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by MenuWho.com of the contents on such third-party sites and MenuWho.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with MenuWho.com expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. MenuWho.com reserves the right to revoke its consent to any link at any time in its sole discretion.