Terms of Use
These Terms and Conditions of Use ("Terms of Use") are between you and Dooph.com, LLC ("Company", "we" and "our") the owner of this Website, www.dooph.com. Your use or browsing of this Website is an acknowledgement that you have read the most recent version of the Terms of Use and that you agree to adhere to its terms. If you do not agree to be bound by these Terms of Use, please cease all further use of this Website. We reserve the right to amend these Terms of Use at any time.
License. Company grants you a limited, revocable, non-exclusive license (i) to access the Website, and (ii) while accessing the Website, to view the materials displayed on the Website and use the available functionality for your personal internal business use, and for no other purpose. You may download printed copies of any materials displayed on any portion of the Website as may be reasonably necessary for your internal purposes as a user of dooph.com's services and no other purpose, but such copies shall not be distributed to others. Uses of the Website not expressly authorized herein are prohibited.
Privacy. Company's use of your information is governed at all times by our Privacy Statement, which is incorporated into this Terms of Use.
Trademarks and Copyrights. "Dooph.com" and other marks, logos, graphics, and trade dress used on this Website are Company's trademarks or the trademarks of the participating restaurants, and may not be used in any manner (including in "meta-tags" or "hidden text") without our prior written approval. All the materials contained on this Website are copyrighted except where explicitly noted otherwise and are protected under national laws and international treaties throughout the world. This site may also contain material that is subject to the copyright rights of third parties.
Submissions. Any ideas, copy, proposals, inventions, product and/or service modifications, methodologies, suggestions or similar communications you transmit to the Website by electronic mail or otherwise is, and will be treated as, nonconfidential and nonproprietary. Any such materials becomes the property of Company and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Company is free to use any ides, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Links to other Websites. This Website may contain links to other sites not operated by Company. The links are provided for your convenience. The inclusion of any links to other sites does not imply endorsement by Company of those sites or the contents. We are not responsible for the contents, links or privacy of any linked site. Access to any other sites linked to this Website is at your own risk.
Links to the Website. You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else's Website. You shall not deep link to or scrape any page on the Website or otherwise link in a manner that bypasses the Website home page, and you shall not harvest email addresses from the Website.
Prohibited Conduct. You agree that you will not use any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from this Website or otherwise monitor or copy the Materials. You agree not to propose ideas, concepts, methods or techniques for new or proposed services or products through the Website. By doing so, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use the content of such communication in any manner whatsoever.
Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.
Limitation of Liability. COMPANY, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY MATERIAL OR DOCUMENTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
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 COMPANY UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Indemnity. You agree to indemnify and hold harmless, Company, its employees, officers, representatives, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Website, or any service or content of the site, including, without limitation, any information or content you post to the site, any material you download from the site or any interference with the operation of the site.
Other Policies. It is also our policy to terminate, in appropriate circumstances, the access rights of repeat copyright infringers. If you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Website without authorization, please contact us. Please be advised that the provisions set forth herein are intended to give notice of our policies, but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct. Furthermore, we have the right, but no obligation, to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any other party. Company, pursuant to the Digital Millennium Copyright Act, designates William Hamilton as its agent to receive complaints and notices of suspected copyright infringers. Call 785-760-1749 with any complaints.
Choice of Law. This Terms of Use shall be governed and interpreted in accordance with the substantive law of the State of Kansas without regard to its conflict of law provisions. You hereby irrevocably consent to the jurisdiction of the state and federal courts located in Kansas and agree that any litigation arising in connection with this Terms of Use shall be brought in the state courts located in Douglas County or in the United States District Court for the District of Kansas. You understand that this Website is directed only to residents of the United States.
Entire Agreement. These Terms of Use are the entire understanding and agreement between Company and you with respect to the subject matter hereof.
Miscellaneous. The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use is found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by Company to enforce any of the Terms of Use shall be a waiver of any or our rights under these Terms of Use. Company may assign its rights and duties under the Terms of Use to any party at any time without notice to you. Your rights and duties under the Terms of Use are not assignable by you without consent of Company.
