Beyond 21, Inc. All rights reserved.
ACCEPTANCE OF TERMS AND CONDITIONS
These Sites provide an interactive online service operated by Beyond 21, Inc. on the Internet, consisting of information services, content and electronic transactions facilitated through Beyond 21, Inc. or merchants (“Merchants”) offering E-Certificates for sale (“E-Certificates”) which may be exchanged for goods/services at Merchants.
This Agreement sets forth the terms and conditions that apply to the use of these Sites by the End User. By using these Sites, End User agrees to comply with all of the terms and conditions hereof. The right to use these Sites is personal to End User and is not transferable to any other person or entity. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Beyond 21, Inc., and Beyond 21, Inc. shall not be responsible for any data lost while transmitting information on the Internet. While it is Beyond 21, Inc.’s objective to make these Sites continuously available, these Sites may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Beyond 21, Inc., access to these Sites may be interrupted, suspended or terminated from time to time.
Beyond 21, Inc. shall have the right at any time to change or discontinue any aspect or feature of these Sites, including, but not limited to, content or availability.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use these Sites. If you are under 18, you may use these Sites only with the involvement of your parent or guardian who agrees to this agreement.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of these Sites and all charges related thereto. Beyond 21, Inc. shall not be liable for any damages to the End User’s equipment resulting from the use of these Sites.
4. End User Conduct.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Beyond 21, Inc., its Merchants 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.
5. Copyright and Trademarks.
Everything located on or in these Sites, including the Third Party Sites, is the exclusive property of Beyond 21, Inc. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THESE SITES OR ANY OF THE THIRD PARTY SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF BEYOND 21, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
These Sites and any Third Party Sites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of these Sites are protected by copyright as a collective work under the United States copyright laws. Beyond 21, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of Beyond 21, Inc. or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on these Sites or a Third Party Site otherwise owned or operated in conjunction with Beyond 21, Inc. shall not be deemed to be in the public domain but rather the exclusive property of Beyond 21, Inc., unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Beyond 21, Inc. unless otherwise stated.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Beyond 21, Inc., its Merchants 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.
6. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THESE SITES AND THE THIRD PARTY SITES IS AT END USER’S SOLE RISK. NEITHER BEYOND 21, INC., NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THESE SITES OR ANY THIRD PARTY SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THESE SITES, OR ANY THIRD PARTY SITE, OR THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR E-CERTIFICATES PROVIDED THROUGH THESE SITES OR THE THIRD PARTY SITES.
THESE SITES AND THE THIRD PARTY SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEYOND 21, INC. HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability, Indemnification and Release.
IN NO EVENT SHALL BEYOND 21, INC., BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PURCHASE OF E-CERTIFICATES.
End User agrees to defend, indemnify and hold harmless Beyond 21, Inc., its respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with these Sites or any Third Party Sites.
End User is solely responsible for interactions with Merchants or Third Party Sites. To the extent permitted under applicable laws, End User hereby releases Beyond 21, Inc. from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of an E-Certificate.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Some states do not allow the exclusion of damages or limitation of liability as set forth above, so this limitation of liability may not apply to you. If for any reason any part of this limitation does not apply to you, or is invalid or unenforceable, the aggregate liability of the protected parties shall not exceed the marketing fees collected by Beyond 21, Inc. for the specific E-Certificate purchased by User. If any specific limitation or exclusion in these terms of service is found to be invalid or unenforceable, all other limitations of liability, disclaimers of liability, and exclusions of liability shall remain in effect.
8. Third-Party Content.
Beyond 21, Inc. is a distributor and a publisher of content supplied by third parties. Accordingly, Beyond 21, Inc. 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, are those of the respective author(s) or distributor(s) and not of Beyond 21, Inc.
In many instances, the content available through these Sites represents the statements, opinions, and judgments of the respective information provider. Beyond 21, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on these Sites by anyone other than authorized Beyond 21, Inc. employee spokespersons while acting in official capacities. Under no circumstances will Beyond 21, Inc. be liable for any loss or damage caused by an End User’s reliance on information obtained through Beyond 21, Inc. 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 Beyond 21, Inc.
Beyond 21, Inc. contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Beyond 21, Inc. of the contents on such third-party sites, and Beyond 21, Inc. hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Beyond 21, Inc. established by Beyond 21, Inc., constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
Beyond 21, Inc. is located at PO Box 63647, Colorado Springs, Colorado 80962. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
II. TERMS OF SALE
The E-Certificate you purchase through Beyond 21, Inc. is redeemable for goods or services by the Merchant. The Merchant, not Beyond 21, Inc., is the seller of the E-Certificate and the goods and services, and is solely responsible for redeeming any E-Certificate you purchase. E-Certificate purchases you elect to make at these Sites will appear on your credit card bill as a purchase from restauranteur.com, and will be sent to you via Email in the form of an Order Confirmation with a unique Order Number that you must print and present in it’s entirety or display in it’s entirety on a hand-held device for redemption. Once the Order Confirmation is redeemed by you or your guest, the E-Certificate will no longer be valid. A copy of the Order Confirmation is supplied to the Restaurant/Merchant for validation at time of redemption. Any attempt to alter or change an Order Confirmation will render the E-Certificate void.
1. Terms and Conditions for Restaurant-Specific E-Certificates.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of E-Certificates.
1. E-Certificates cannot be combined with any other restaurant certificates, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
2. Restaurant-Specific E-Certificates cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
3. Valid for dine in only unless otherwise stated.
4. The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
5. Neither Beyond 21, Inc., nor the Restaurant, is responsible for lost or stolen E-Certificates or restaurant E-Certificate Order Confirmation numbers.
6. Reproduction, sale or trade of a Restaurant-Specific E-Certificate is prohibited unless done so in compliance with applicable law.
7. Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific E-Certificate void (void to the extent prohibited by law).
8. E-Certificates are offered at below face-value. As a result, you may redeem them during only one visit and not incrementally over several visits. If you redeem the E-Certificate for less than its face value, you will not be entitled to a credit, cash or new E-Certificate equal to the difference between the face value and the amount you redeemed. If required by applicable law, you will only be entitled to a credit or cash from the restaurant/Merchant equal to the difference between the face value and the amount you redeemed.
9. Redemption of the E- Certificate for alcohol, if applicable, is at the discretion of the Merchant and is subject to state laws governing the Merchant. Compliance with state statutes or codes is the responsibility of the Merchant. Beyond 21, Inc.’s sole role in the transaction is as a marketing agent for the Merchant E-Certificate, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Beyond 21, Inc. has no role in such determination or action on the part of the Merchant.
2. Additional Terms and Conditions for All Beyond 21, Inc. E-Certificates.
All E-Certificates shall be subject to the terms and conditions of Beyond 21, Inc. and the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing.
The holder and issuer of a Restaurant-Specific E-Certificate is the Restaurant. The holder and issuer of a Merchant E-Certificate is the Merchant. As a holder and issuer of the E-Certificate, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed E-Certificates or portions thereof. The End User waives, and releases Beyond 21, Inc. and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with an E-Certificate or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the E-Certificates or any portion thereof. Restaurant-Specific E-Certificates and Merchant E-Certificates are redeemable in their entirety ON A ONE TIME BASIS ONLY AND MAY NOT BE REDEEMED INCREMENTALLY.
According to applicable law, the Merchant may be responsible for allowing you to redeem your E-Certificate for the cash value based on the money you actually paid for your E-Certificate (i.e. if you paid $20 for an E-Certificate which gives you $50 of value to the Merchant, the cash value that you paid is $20, not $50), for a period of time that extends beyond the expiration date on the E-Certificate. While the expiration date on the E-Certificate dictates the last date that you can use your E-Certificate at Merchant for the promotional offer stated on the E-Certificate, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your E-Certificate for a period of time beyond the expiration date stated on the E-Certificate. In other words, you should be allowed to redeem the cash value (or purchase price) of your E-Certificate up until the greater of: (1) the E-Certificate’s expiration date; or (2) the minimum length of time allowed by applicable law for an E-Certificate to expire. In the event that you have an expired E-Certificate and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired E-Certificate, and if applicable law entitles you to such redemption, then please contact Beyond 21, Inc. [and explain your situation via Email at http://www.restauranteur.com/emailcs.htm] and Beyond 21, Inc. will correspond with the Merchant on your behalf to resolve the issue.
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