These Terms of Service ("Terms") govern your participation as a Restaurant Partner on Restaurant.com, Inc. ("RDC"), a Delaware corporation headquartered in Illinois. By registering for an account or using RDC's services, you agree to be bound by these Terms. If you do not agree, you must not use RDC's services.
1. Introduction
Restaurant.com provides a directory of restaurants and related promotional services. These Terms apply to restaurants that register for an account to access RDC's partner services, including listing management, promotional programs, and optional paid services.
2. Restaurant Listings
RDC reserves the right to include all publicly available restaurants in its directory, with or without prior consent. Restaurants may claim and manage their listings by creating an account. RDC may modify, remove, or update restaurant listings at its discretion.
3. Participation in Promotional Programs
Participation in RDC's promotional programs is optional. If you choose to participate, you may set conditions such as minimum purchase requirements and availability. RDC retains sole discretion over the pricing, promotion, and quantity of promotional certificates offered to consumers. Restaurants agree to honor all valid certificates presented by consumers under the agreed terms. RDC reserves the right to accept, modify, or reject any proposed deal terms.
4. Paid Services and Billing
4.1 RDC may offer additional services for a fee, which will be made available on the website. These services may be billed on a monthly, annual, or other periodic basis, as specified at the time of purchase.
4.2 By subscribing to any paid services, you authorize RDC to charge your designated payment method for the applicable fees. All payments are facilitated through Stripe, and you agree to comply with Stripe's terms and conditions.
4.3 Payments for paid services are non-refundable unless otherwise specified. Failure to pay any fees when due may result in the suspension or termination of your access to paid services.
4.4 RDC reserves the right to modify pricing and subscription terms at any time. Any changes will be communicated in advance, and continued use of paid services constitutes acceptance of the new terms.
4.5 If your subscription is set to auto-renew, you authorize RDC to automatically charge your payment method at the applicable renewal date unless you cancel your subscription before the renewal period begins.
4.6 In the event of a failed payment, RDC may retry the payment, issue a notice of non-payment, and/or suspend or terminate your access to paid services.
4.7 You are responsible for any taxes or fees associated with your payments. RDC is not responsible for any Stripe processing fees or financial institution charges incurred in connection with payments.
5. Chargebacks and Disputes
5.1 If you initiate a chargeback or dispute a payment with your financial institution, RDC reserves the right to suspend your account and access to services until the dispute is resolved.
5.2 You agree to provide RDC with any requested documentation to verify your claims. If a chargeback is determined to be fraudulent or unwarranted, RDC may pursue legal action to recover any losses incurred.
6. Content and Media Usage
By providing RDC with content or media, you grant RDC a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content for promotional and marketing purposes. You represent and warrant that you have the necessary rights to grant this license and that the content does not infringe upon any third-party rights.
7. Marketing and Communications
7.1 By registering for an account, you agree to receive marketing communications from RDC via email, phone, SMS, and other contact methods. These communications may include promotions, special offers, service updates, and other relevant business information.
7.2 You may opt out of marketing communications at any time by following the unsubscribe instructions provided in the emails or by adjusting your account settings. However, RDC may still send transactional or service-related communications as necessary.
7.3 RDC may use third-party marketing services to send communications, and by agreeing to these Terms, you consent to the use of such services.
8. Account Security
8.1 You are responsible for maintaining the security of your account credentials. RDC is not liable for unauthorized access to your account due to your failure to secure your login information.
8.2 If you suspect unauthorized access to your account, you must notify RDC immediately so appropriate action can be taken.
9. Suspension and Termination
9.1 RDC reserves the right to suspend or terminate your account if you violate these Terms, fail to pay for services, engage in fraudulent activity, or otherwise act in a manner that RDC deems inappropriate.
9.2 If your account is suspended or terminated, you remain responsible for any outstanding payments owed to RDC.
10. Intellectual Property Rights
10.1 All trademarks, logos, and proprietary materials provided by RDC remain the exclusive property of RDC and may not be used without prior written permission.
11. Confidentiality
11.1 If RDC provides you with non-public information (such as marketing data or platform insights), you agree to keep this information confidential and not disclose it to third parties.
12. Force Majeure
12.1 RDC is not responsible for any failure or delay in service due to causes beyond its control, including but not limited to natural disasters, government actions, labor strikes, technical failures, or cybersecurity attacks.
13. No Agency or Employment Relationship
13.1 Your participation in RDC's services does not create an agency, employment, or joint venture relationship between you and RDC. You remain an independent business entity.
14. Assignment
14.1 RDC may transfer or assign its rights under these Terms to another entity, particularly in the event of a merger, acquisition, or business restructuring.
15. Limitation of Liability
To the fullest extent permitted by law, RDC is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues resulting from your use of RDC's services.
16. Indemnification
You agree to indemnify, defend, and hold RDC harmless from any claims, damages, or liabilities arising from your participation in RDC's services.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.
18. Modifications to Terms
RDC may update these Terms at any time. The most current version will always be posted on our website. Continued use of RDC's services constitutes acceptance of any modifications.
19. Contact Information
For questions regarding these Terms, contact us.