Last Updated On December 28, 2008
Welcome to CarrolltonDining.com. By accessing, browsing, listing or using the
services available from and/or otherwise accessing this domain, sub-domains, and
related domains ("family") of WestGeorgiaDining.com, which are owned and operated
by Oak Mountain Investment Group, LLC ("OMIGLLC", "us", "our" or "we") and all
linked pages owned and operated by OMIGLLC (collectively, the "Site"), you agree
to be bound by this Terms of Service Agreement (the "Agreement").
By accessing, using, browsing, viewing, printing, posting or updating a listing
or other similar activity on this Site, you acknowledge that you have read and agreed to all of the terms and
conditions below, including all terms and conditions contained in agreements
referenced and linked to below. Please read this Agreement carefully. If you do
not accept the terms and conditions below, please exit and do not use the Site.
We suggest that you save or print a copy of this Agreement for your records
before using this Site.
1. Interruption/Modification of the Site. OMIGLLC reserves the right to
interrupt the Site or any services available on the Site with or without prior
notice for any reason whatsoever. You agree that OMIGLLC will not be liable for
any interruption of the Site or such services, delay, or failure to perform.
Additionally, OMIGLLC has the right at any time and for any reason to modify
and/or eliminate any aspect(s) of the Site or its services as it sees fit in its
sole discretion without any liability to you.
2. You may use this Site to view or post restaurant related Listings within the
boundaries of this Terms of Service. You may NOT use this Site or provides links
from this Site to:
a. conduct or coordinate any unlawful activity;
b. harm minors in any way;
c. transmit or make available any
content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, hateful, or racially or ethnically or
otherwise objectionable;
d. transmit or make available any
content that you do not have a right to make available under any law or
contractual or fiduciary relationship, including without limitation any content
that infringes a third party's copyright, trademark or other intellectual
property and proprietary rights;
e. transmit or make available any
material that contains any software virus, spyware, worm, trojan or other computer code designed to
interrupt, destroy or alter the functionality of any computer software or
hardware;
f. interfere with, disrupt or reverse
engineer the Site in any manner, including intercepting, emulating or
redirecting the communication protocols used by OMIGLLC, creating or using
cheats, mods or hacks or any other software designed to modify the OMIGLLC
experience, or using any software that intercepts or collects information from
or through the Site (including harvesting of email addresses);
g. use any robot, spider or other
automated mechanism to retrieve or index any information from or portion of the
Site for any purpose other than search engine indexing and ranking for search
engines that are publicly available to all Internet users;
h. participate in any action that, in
the sole and absolute opinion of OMIGLLC, results or may result in a visitor to
OMIGLLC websites being defrauded, scammed, or otherwise cheated;
i. transmit or make available any
unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid
schemes or other forms of solicitations;
j. impersonate any person or entity.
3. Listing Eligibility and Requirements.
a. If you wish to use this Site to promote your restaurant related services,
you (the "Listor") must be 18 years of age or over, or the legal age required to
form a binding contract in your jurisdiction if that age is greater than 18, to
register with and be listed on the Site. By providing your name, contact
information, a photo or image, and a description of services (hereafter,
"Listing" or "Listed") on the Site, you represent that you are of legal age to
form a binding contract and have the right, authority and capacity to enter into
this Agreement.
b. You must be a legal resident of
the United States.
c. Your Listed restaurant must be in
a county currently serviced by WestGeorgiaDining.com. Currently, these are
Carroll, Coweta, Douglas, Haralson, Heard, Polk, and Troup counties in the State
of Georgia, USA.
d. OMIGLLC currently offers this
Listing service for free and reserves the right to refuse registration or
service, to modify Listings so long as they do not misrepresent the restaurant, and to terminate Listings, in its sole discretion.
e. You will provide complete and
accurate information about yourself, and update such information in the future
to keep it complete and accurate. OMIGLLC reserves the right to pursue legal
action against you for intentionally providing false or inaccurate personal
information, as well as the right to terminate your Listing.
f. When providing information for
your Listing, you will not enter, select or use a name, acronym, or term that is
subject to the rights of a third party without proper authorization, that is or
contains or is substantially similar to a trademark or service mark, or that
incorporates words that are defamatory, vulgar, obscene, libelous, hateful, or
racially or ethnically or otherwise objectionable. You may not use a misspelling
or an alternative spelling to circumvent the foregoing restrictions.
g. Your License to OMIGLLC. When you
provide us with Listing information, you grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, fully paid-up, sublicensable right
throughout the world to exercise all copyright, publicity, and other rights you
have in the content in any media known now or in the future. Such rights
include, without limitation, all rights you have in use, distribution,
reproduction, modification, adaptation, creation of derivative works,
translation, public performance and public display of the content. You also
hereby waive any moral rights you may have in such content under the laws of any
jurisdiction. We reserve the right to remove or modify any Listing you provide
to us or otherwise post on the Site at our sole discretion and without prior
notice or any liability to you.
h. OMIGLLC may display paid
advertisements on the Site and some of these advertisements may compete with
your Listing. Your Listing does not entitle you to any portion of any revenue
received by OMIGLLC for paid advertisements on this Site or from any other
source. This Agreement in no way implies any commitment or obligation by OMIGLLC
to compensate the Listor or share in any revenues received.
i. OMIGLLC may post Listings on the
Site that compete with your
Listing.
j. OMIGLLC may post Listings under
each service category or web page in
any order that it desires. OMIGLCC does not guarantee a Listor any
specific rank, order or visibility on the Site.
4. International Use. You agree to comply with all local laws and rules
regarding online conduct and acceptable content. Without limiting the foregoing,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States.
5. Intellectual Property. Except for the personal information and content
submitted by Listors of the Site, the Site, all other content and software
included therein are owned by OMIGLLC or its licensors, and are protected by
United States intellectual property laws. Without limiting the foregoing, "OMIGLLC"
and OMIGLLC graphics, logos, scripts, domain names, website names, and service
names are trademarks or trade dress of OMIGLLC in the United States, Canada
and/or other jurisdictions. You may not use OMIGLLC's trademarks and trade dress
in connection with any product or service that is not OMIGLLC's, in any manner
that is likely to cause confusion among customers or subscribers, or in any
manner that disparages OMIGLLC.
Except as expressly provided herein, OMIGLLC and its licensors do not grant you
any express or implied rights, and all rights, title and interest that OMIGLLC
has in and to the Site (including all content and services therein) that are not
expressly granted by OMIGLLC to you are retained by OMIGLLC.
6. Intellectual Property Complaints. OMIGLLC respects the intellectual property
rights of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide OMIGLLC's designated agent with the
written information specified below:
a. An electronic or physical signature of the person authorized to act on
behalf of the owner of the intellectual property interest;
b. A description of the copyrighted
work or other intellectual property
that you claim has been infringed;
c. A description of where the
material that you claim is infringing is located on the Site;
d. Your address, telephone number,
and e-mail address;
e. A statement by you that you have a
good-faith belief that the disputed use is not authorized by the copyright or
other intellectual property owner, its agent, or the law;
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
OMIGLLC's designated agent for notice of claims of copyright or other
intellectual property infringement on the Site can be reached as follows:
Intellectual Property Agent
c/o Oak Mountain Investment Group, LLC
315 Hidden Lakes Drive
Carrollton, Georgia 30116
7. Privacy. Use of the Site is also governed by OMIGLLC's
Privacy Policy, which
is incorporated into this Agreement by reference.
8. Transactions with Third Parties. Although we created this Site, we do not
control many of the things that happen because of it. For example, we do not
regulate the communications between users, patrons, visitors and Listors nor do we monitor
users'
interactions with the Site.
You should exercise common sense when dealing with others. In particular, if you
enter into a transaction with another person or entity because of this Site, your
transaction is solely with that person or entity. Although OMIGLLC may provide a mechanism
to help facilitate such activities, OMIGLLC will have no responsibility or
liability for such activities and cannot guarantee your legal rights with
respect to those transactions.
9. Links. This Site contains links to other sites that are not maintained by, or
related to, OMIGLLC. Links to such sites are provided solely as a convenience to
you and do not imply any endorsement by OMIGLLC of, any affiliation with or
endorsement by the owner of the linked site. OMIGLLC has no control over such
third party sites. OMIGLLC is not responsible for the availability of such
external sites and no endorsement of any third party products or services is
expressed or implied by any information, material or content referred to or
included on or linked from or to the Site.
OMIGLLC does not assume responsibility for the accuracy, completeness,
accessibility and usefulness of the information, data, opinions, advice or
statements contained at such sites and your access and use of such third party
sites, including any information, material, products and services therein, is
solely at your own risk.
OMIGLLC accepts no liability for any direct, indirect, incidental, special,
consequential, punitive or other losses or damages of whatsoever kind arising
out of access to or use of any linked website or any information or reliance on
any such content, goods or services available on or through any such linked
website.
You also understand and agree that OMIGLLC's
Privacy Policy is applicable only
while you are using the Site. Once you are linked to another website, you should
read the privacy statement of that website before disclosing any personal
information.
10. Indemnification. As a condition of your access to and use of the Site, you
agree to hold OMIGLLC and OMIGLLC's directors, officers, employees, agents,
attorneys, subsidiaries, affiliates, independent contractors, advertisers,
families, partners, co-branders and sublicensees and each of their respective
successors and assigns (collectively, the "OMIGLLC Indemnitees") harmless from,
and indemnify them for, all damages, costs, expenses and other liabilities,
including but not limited to attorneys' fees and expenses, relating to any claim
arising out of or related to:
(i) your access to and use of the Site and the content therein;
(ii) your violation of this
Agreement, the Privacy Policy, any applicable law or the rights of another
person or party;
(iii) any dispute you have or claim
to have with one or more Users of the Site; (iv) OMIGLLC's resolution (if any)
of any dispute you have or claim to have with one or more Users of the Site;
(v) your improper authorization for
OMIGLLC to collect, use or disclose any data or content provided by you; and
(vi) any disclosures made with your
permission (including, without limitation, your consent that OMIGLLC disclose
your personal information and other information collected as set forth in our
Privacy Policy). Furthermore, you fully understand and agree that: (a) OMIGLLC
will have the right but not the obligation to resolve disputes between Users and
Listors relating to the Site and OMIGLLC's resolution of a particular dispute
does not a create an obligation to resolve any other dispute; and (b) OMIGLLC's
resolution of a dispute will be final with respect to the Site.
You further agree to hold the OMIGLLC Indemnitees harmless from, and indemnify
them for, all damages, costs, expenses and other liabilities arising out of or
in any way connected with OMIGLLC's resolution of disputes relating to the Site.
11. Disclaimer of Warranties. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE
IS PROVIDED BY OMIGLLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, OMIGLLC MAKES NO REPRESENTATIONS, WARRANTIES OR
CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR
THE INFORMATION OR CONTENT INCLUDED ON THE SITE. OMIGLLC MAKES NO
REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, SECURE, OR TIMELY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, OMIGLLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT
AND THOSE ARISING FROM A COURSE OF DEALING, TRADE OR PERFORMANCE. SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME
OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OMIGLLC
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO THE
USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES,
LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF OMIGLLC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OMIGLLC'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IS US $0.00 (zero U.S. dollars). YOU
AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO DAMAGES
OF ANY KIND. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, AND
THEREFORE SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. General Provisions.
a. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by
the laws of the State of Georgia, without regard to principles of conflict of
laws that would result in the application of different law; and in such event
you and OMIGLLC agree to submit to the personal and exclusive jurisdiction of
the courts located in Carroll County, Georgia.
b. Changes to the Agreement. OMIGLLC may modify the terms of this Agreement at
any time at its sole discretion. Such modified Agreement will be effective
immediately upon posting to the Site where the prior version of this Agreement
was posted. You agree to be bound to any changes to this Agreement when you use
the Site after any such modified Agreement is posted.
c. Waiver. The failure of OMIGLLC to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right or provision.
d. Severability. If any term or other provision of this Agreement is found by a
court of competent jurisdiction to be invalid, illegal or incapable of being
enforced, the parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and all other
terms and other provisions of this Agreement shall nevertheless remain in full
force and effect.
e. Assignment. Neither this Agreement nor any of the rights or obligations
hereunder may be assigned by you without the prior written consent of OMIGLLC.
OMIGLLC may, without your consent, assign all or any portion of its rights and
obligations hereunder.
f. Titles. The titles, captions or headings in this Agreement are inserted for
convenience of reference only and are not intended to be a part of or to affect
the meaning or interpretation of this Agreement.
g. Other Rules. OMIGLLC may have additional or other rules that govern your use
of particular services or promotions available on the Site, and may change such
rules from time to time. Those rules will be made available to your prior to or
at the time of your use of such services or entry in such contests and
promotions. Please read those rules carefully.
h. Entire Agreement. This Agreement constitutes the entire agreement between you
and OMIGLLC governing your use of the Site, and supersedes all other prior
agreements and communications, whether oral or written, by any party hereto with
respect to the subject matter hereof.
i. Language. You agree that English will be the language of the Site and of all
transactions occurring in connection with the Site, and you agree to waive any
right to use and rely upon any other language or translations. It is the express
intention of the parties that this Agreement has been drawn up in English.
-WestGeorgiaDining.com
