TERMS AND CONDITIONS

el-restaurant.com eCOMMERCE TERMS AND CONDITIONS


IMPORTANT: ALL USERS MUST READ THESE TERMS

Acceptance of Terms and Conditions: izervices LLC, a Florida Limited Liability Company (LLC) ("us, "we", or "www.el-restaurant.com"), operates www.el-restaurant.com, websitecontained within or otherwise available through external hyperlinks within such website, certain mobile versions and apps of the foregoing, and associated social media outlets (collectively, the "Site"). The terms and conditions contained or referenced herein, our Privacy Policy, and, for particular services, any additional posted terms and conditions that apply to such services (collectively, the "Terms & Conditions") apply to your use of the Site, or any of the products or services offered through the Site, including your communications with el-restaurant.com. By using the Site or any of the products or services offered through the Site, you agree to these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use the Site or any products or services offered through the Site.

We may update these Terms & Conditions from time to time without notice to you. You agree that it is your responsibility to review the Site and these Terms & Conditions periodically to learn of any modifications. Your continued use of the Site, or any product or service offered through the Site, after the posting of any modifications shall constitute your agreement to be bound by such modified Terms & Conditions.

IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MUST EXIT THIS PAGE AND MAY NOT ACCESS OR OTHERWISE USE THIS SITE.

Introduction

This is a summary of el-restaurant.com's terms, conditions and privacy policy that are incorporated into this Agreement. For our complete Terms and Conditions, please read below under "el-restaurant.com Terms and Conditions." For our complete Privacy Policy, please visit and read el-restaurant.com's Privacy Policy here.

  • Your privacy is important to us and we want to protect it. We will not share yourpersonalinformation with anyone other than as described in our Privacy Policy. Please see our Privacy Policy for details.
  • As a condition of account registration and sign-in, el-restaurant.com requires you give us permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products, services, and promotional offers. You can opt-out of our promotional emails anytime by logging in to your account on el-restaurant.com or by hitting the unsubscribe button at the bottom of any of our email correspondence. Please see our Privacy Policy for details
  • By placing an Order, you make an offer to us to purchase the products and services you have selected based on the el-restaurant.com Terms and Conditions set forth herein. Please see our sections regarding Restaurant eGift Cards, Merchant Deal Certificates, el-restaurant.com Vouchers Certificates, Reservations, as well as any additional terms here.

To read the complete Restaurant.com Terms and Conditions, please see below. el-restaurant.com Terms and Conditions

All Terms and Conditions apply to both the Conditions for Purchase of Services and Discounts and Conditions for Use of Website.

I. REGISTRATION

In order to purchase, redeem or use any products or services through the Site, or access certain other features of the Site, you may be required to register and select a password and user name. If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You may not select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a user name a name that is subject to any rights of a person other than you without proper authorization.

As a condition of account registration, we require that you allow us to send you informational and promotional emails. This is required so we can provide you with a convenient way to access to your orders, view your past purchases, review your shopping cart, and modify your preferences. You may opt out of promotional emails at any time as set forth in our Privacy Policy.

You are fully responsible for all activities that occur under your user name and password, whether or not you authorize such activities. It is your sole responsibility to maintain the confidentiality of your password. You shall immediately notify us of any unauthorized use of your account. We reserve the right to refuse registration of, or cancel a user name, for any reason in our sole discretion.

II. PURCHASE OF PRODUCTS OR SERVICES

By engaging in a transaction, including placing an order, which is your offer to us to purchase the el-restaurant.com products or services, or paying for the el-restaurant.com products or services you have selected, your activity is governed by these Terms & Conditions.

1. Definitions

As used herein:

"Promotional Certificates" refers to all Restaurant-Specific Certificates, Merchant Certificates (vouchers and deals),el-restaurant.com eGift Cards including codes or numbers associated therewith.

"Restaurant-Specific Certificates" is a promotional offer purchased or otherwise made available through the Site that can be accessed or printed and then redeemable for the offer specified on the certificate at the restaurant location or website.

"el-restaurant.com eGift Cards" refers to store credit that is redeemable at the website identified on the Card for the specified face value amount of a Restaurant Specific Certificate or Merchant Certificate that el-restaurant.com may offer at the time of redemption at the designated website.

"Merchant Deal Certificates" is a Merchant specific promotional offer to purchase or otherwise made available through the Site that can be accessed or printed and then redeemable for the offer specified on the certificate at the Merchant location or website.

"Merchant Voucher" is redeemable for the specified face value amount in goods or services at a participating Business.

"Reservations" is a a free service provided by el-restaurant.com to allow members to reserve any available time slot at any given restaurant.

"Dining Reward Program" is a free loyalty program that provides members the opportunity to ear points and redeem for an el-restaurant.com eGift Card value based on the amount spent purchasing vouchers and deals, reservations honored and reviews written.

2. The Merchant Is The Issuer

Except as may be otherwise expressly specified, Deals and Vouchers Certificates and Storefront Offers are provided using a time-limited promotional voucher exchangeable for Merchant goods and services (“Voucher”). The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. As issuer of the Voucher, the Merchant shall be solely responsible for the redemption of the Voucher in exchange for the good and/or services stated therein and for the provision of those goods and/or services. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities, losses, and costs, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers (collectively, “Liabilities”) it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not.

Except as may be otherwise specified, el-restaurant.com is solely an advertiser of the Merchant’s goods or services and the Offer Promotions and Offer Services are solely advertisements of the Merchants’s goods or services.

el-restaurant.com does not endorse and is not responsible or liable for any advertising, products, goods or services available or unavailable from, or through, any Merchant including through any Offer Services. Your dealings any Merchant, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Merchant and do not involve el-restaurant.com. You should make whatever investigation or other resources that you deem necessary or appropriate before purchasing any Voucher and/or hiring or engaging any Merchant.

You agree that el-restaurant.com is not responsible for the accessibility or unavailability of any Merchant or for your interactions and dealings with Merchant.

You hereby irrevocably waive all rights related to, and release el-restaurant.com and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.

3. Pricing and Availability

el-restaurant.com does not guarantee availability of any Promotional Certificates on our Website, and reserves the right to modify or discontinue any Promotional Certificates at any time, or to add fees at any time. All Promotional Certificates are subject to change, and the pricing of Promotional Certificates may vary. el-restaurant.com reserves the right to cancel any order due to an error. Participation of affiliated restaurants may also vary. Limited quantities of certain Promotional Certificates may be available and any offers are good only while supplies on the Website, or any affiliate website, last.

4. el-restaurant.com Promotional Codes (referred to as "Promo Codes")

If you obtain a Promo Code that can be used to reduce the purchase price of an el-restaurant.com Promotional Certificate, the additional following terms apply:

  • Unless otherwise specified, Promo Codes only apply to Restaurant Specific Certificates and Merchant Certificates, and not to el-restaurant eGiftCards.
  • Promo Codes are based off the value as stated on the Promotional Certificate or off the retail price of a Promotional Certificate as such price is posted on the Site at the time of purchase.
  • Promo Codes may not be applied to previously placed orders and cannot be combined with other promotions or offers.
  • We reserve the right to restrict the application of Promo Codes at any time without notice, e.g. a Promo Code may not apply to all restaurants, denominations, geography, etc.
  • Promo Codes may not be applied when redeeming a el-restaurant.com eGift Card.
  • Promo Codes may or may not be applied automatically. You are fully responsible to review your order prior to submission to ensure that the order incorporates the Promo Code.

5. Terms and Conditions for All Certificates

Except as may be otherwise expressly specified, Deals and Vouchers Promotions are provided using a time-limited promotional voucher exchangeable for Merchant goods and services (“Voucher”). The Offer Services, including promotion of each offer and the purchase and sale of Vouchers, is an advertisement for the Merchant by el-restaurant.com.

In addition to these Terms and Conditions, you also agree to be bound by all additional terms specific to each Offer Promotion provided at the time of purchase of an Offer (“Offer Terms”). In the event of a conflict between these Terms and Conditions and any Offer Terms, the Offer Terms will control, except to the extent prohibited by law.

The below terms and conditions shall apply to each and every promotion offered through the Offer Services unless otherwise expressly specified.

  • Deals and Vouchers, Storefront Offers, and any other Offers purchased through el-restaurant.com may not be combined with any other discount, eGift Cards, promotion, coupon, or deal, unless permitted by the Merchant.
  • Offers are not redeemable for cash or other good or service not specified in the Deal or Voucher Promotion or Storefront Offer.
  • Neither el-restaurant.com nor the Merchant is responsible for lost or stolen Offers or other Deal or Voucher Promotion indicators, references, promotional numbers or codes.
  • Duplicate use, sale, or trade of Offers is prohibited.
  • Any attempted redemption of an Offer not consistent with these Terms and Conditions and Voucher Terms will render the Voucher and the Deal Promotion null and void, with no refund to the purchaser. Except as required by law, Merchants are not required to provide credit or cash back for the partial redemption of a Voucher or Deal.
  • Deals and Vouchers Promotions, Storefront Offers, or any other Offers may not be applied to taxes, tips, prior balances, shipping or handling charges.
  • Unless otherwise specified in the Offer Terms, Offers do not include any taxes, tips, shipping or handling charges, or other additional charges typically not included in the sales price of goods or services. Any such additional charges may be charged to you by the Merchant at the time you redeem your Offer.
  • Deals and Vouchers Promotions, Storefront Offers, and other offers are void to the extent prohibited by law.
  • Deals and Vouchers Promotions, Storefront Offers, are only redeemable on a one-time basis in whole and not in part or incrementally.
  • and (ii) the additional time-sensitive value of if the Voucher if it is used by the Expiration Date, that is beyond to the amount paid for the Voucher (the “Promotional Value”).

6. Terms and Conditions for Restaurant Specific Certificates

By purchasing, using or attempting to use a Restaurant Specific Certificate, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of Restaurant Specific Certificates is the restaurant listed on the certificate, and not el-restaurant.com. Any attempted purchase, redemption or use of a Restaurant Specific Certificate that violates these Terms & Conditions, including the Special Conditions, may result in the restaurant not honoring the Certificate, may render the Restaurant Specific Certificate void, and can result in suspension or termination of your el-restaurant.com account.

Additional terms applicable to Restaurant Specific Certificates (Vouchers and Deals):

  • The restaurant (and not el-restaurant.com) is the issuer of the Restaurant Specific Certificate and is responsible for redeeming the Restaurant Specific Certificate.
  • The Issuer (and not el-restaurant.com) is fully responsible for all goods and services it provides to you (including, but not limited to, complying with all state and local laws, including those relating to the distribution and sale of alcohol, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Restaurant Specific Certificates) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Restaurant Specific Certificate.
  • By purchasing a Restaurant Specific Certificate, you acquire the right to print the Restaurant Specific Certificate (or display it on your mobile device) and use it according to these Terms & Conditions. Your acquisition of the right to use the Restaurant Specific Certificate completes el-restaurant.com’s fulfillment of the purchase. While we hope you redeem the Restaurant Specific Certificate, whether you choose to do so is within your sole control and discretion.
  • Restaurant Specific Certificates are sold below their face value. The redemption of a Restaurant Specific Certificate requires additional consideration paid to the Issuer. Restaurant Specific Certificates have no value without additional consideration.
  • Only one (1) Restaurant- Specific Certificate may be redeemed per party, per month, per Issuer (even if the party is seated at separate tables and/or receives more than one check.).
  • We do not guarantee the availability of any particular Restaurant Specific Certificates, and reserve the right to modify all aspects of available Restaurant Specific Certificates. Participation of restaurants and merchants vary from time to time.
  • Restaurant Specific Certificates may not be used for taxes, tips, shipping and handling, prior balances, merchandise or eGift cards.
  • Restaurant-Specific Certificates do not expire, however, promotional value may be subject to an expiration date.
  • Restaurant Specific Certificates are redeemable in their entirety only and may not be redeemed incrementally.

7. Terms and Conditions for Merchant Certificates

By purchasing, using or attempting to use a Merchant Certificate, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the certificate itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of Merchant Certificates is the merchant listed on the certificate, and not Restaurant.com. Any attempted purchase redemption or use of a Merchant Certificate that violates these Terms & Conditions, including the Special Conditions, may result in the Merchant not honoring the Certificate, may render the Merchant Certificate void, and can result in the suspension or termination of your el-restaurant.com account.

Additional terms applicable to Restaurant Specific Certificates:

  • The Merchant (and not el-restaurant.com) is the issuer of the Merchant Certificate and is responsible for redeeming the Merchant Certificate. The Issuer (and not el-restaurant.com) is fully responsible for all goods and services it provides to you (including, without limitation, complying with all state and local laws, assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Merchant Certificates) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Merchant Certificate.
  • By purchasing a Merchant Certificate, you acquire the right to use it according to these Terms & Conditions. Your acquisition of the right to use the Merchant Certificate completes el-restaurant.com’s fulfillment of the purchase. While we hope you redeem the Merchant Certificate, whether you choose to do so is within your sole control and discretion.
  • Merchant Certificates are sold below their face value. The redemption of a Merchant Certificate requires additional consideration paid to the Issuer. Merchant Certificates have no value without additional consideration.
  • Only one (1) Merchant Certificate may be redeemed per order.
  • We do not guarantee the availability of any particular Merchant Certificates, and reserve the right to modify all aspects of available Merchant Certificates. Participation of merchants varies from time to time.
  • Merchant Certificates may not be used for taxes, shipping and handling, prior balances, or eGift cards. Merchant Certificates are for the Merchant’s website (unless otherwise specified) and may not be used for merchandise.
  • Merchant Certificates do not expire, however, promotional value may be subject to an expiration date

8. Terms and Conditions for el-restaurant.com eGift Cards (eGift Card)

By purchasing, using or attempting to use a el-restaurant.com eGift Card (eGift Card), you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the eGift Card itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. Because eGift Cards may be redeemed only for Restaurant Specific Certificates or Merchant Certificates, we suggest that you also review those portions of these Terms & Conditions. Any attempted purchase, redemption or use of a Restaurant.com eGift Card that violates these Terms & Conditions may render the eGift Card void, and can result in the suspension or termination of your el-restaurant.com account.

Additional terms applicable to el-restaurant.com eGift Cards (eGift Cards):

  • You must create an account and register in order to redeem a el-restaurant.com eGift Card (see Section I).
  • el-restaurant.com eGift Cards may be redeemed at the Site identified on the eGift Card for the specified face value amount of a Restaurant Specific Certificate or Merchant Certificate that el-restaurant.com may offer for redemption at the time of redemption.
  • el-restaurant.com eGift Cards have no additional fees.
  • el-restaurant.com eGift Cards have no expiration date.

9. Deals Terms and Conditions

By purchasing, using or attempting to use a Deals Voucher, you agree to (i) these Terms & Conditions, and (ii) any terms or instructions listed on the Voucher itself or in the offer listing at the time of purchase (the “Special Instructions”). In the event of a conflict between these Terms & Conditions and the Special Instructions, the Special Instructions shall control. The “Issuer” of a Deal Voucher is the participating Business to which the Voucher is presented, and not el-restaurant.com. Any attempted purchase, redemption or use of a Deal Voucher that violates these Terms & Conditions, including the Special Conditions, may result in the Business not honoring the Voucher, may render the Deal Voucher void, and can result in suspension or termination of your el-restaurant.com account.

Additional terms applicable to Deals:

  • Deals Vouchers can be redeemed at a participating Business by presenting the Deals Voucher Code at checkout.
  • Deals Vouchers (i) are not redeemable for cash (ii) cannot be returned for a refund, and (iii) are for personal (non-commercial) use only.
  • The unauthorized reproduction, resale, modification, or trade of Deal Vouchers is prohibited and may result in their cancellation, and potential suspension or termination of your account.
  • The participating Business (and not el-restaurant.com) is fully responsible for all goods and services it provides to you (including, but not limited to, complying with all state and local laws, including those relating to the assessing and collecting sales tax, and complying with unclaimed property laws for unredeemed or partially redeemed Deal Vouchers) and for any and all injuries, illnesses, damages, claims, liabilities and costs you may suffer arising from or related to your use or redemption of the Deal Voucher.
  • By purchasing a Deal Voucher, you acquire the right to print the Deal Voucher (or display it on your mobile device) and use it according to these Terms & Conditions. Your acquisition of the right to use the Deal Voucher completes el-restaurant.com’s fulfillment of the purchase to you. While we intend and expect you redeem the Deal Voucher, whether you choose to do so is within your sole control and discretion.
  • Deal Voucher may not be used for taxes, shipping and handling, or prior balances.
  • Deal value never expire, however, promotional value may be subject to an expiration date. Deal Vouchers have no additional fees.
  • Exchanges or Returns of the Deal Voucher at the participating Business is governed by the Business’s exchange or return policy (but not a cash refund).
  • Deal Vouchers are redeemable in their entirety only in one transaction and may not be redeemed partially or in multiple transactions.
  • Cash back will not provided where the transaction amount is lower than the face value of the Deal Voucher.
  • The el-restaurant.com eGift Card portion of the Deal purchase is governed by the Terms and Conditions governing el-restaurant.com eGift Card stated herein.

10. Expiration Dates and Guarantees

Offers often have two separate values: (i) the value equal to the amount paid for the Voucher (the “Paid Value” and (ii) the additional time-sensitive value of if the Voucher if it is used by the Expiration Date, that is beyond to the amount paid for the Voucher (the “Promotional Value”).

The Promotion Value always expires on the Expiration Date. The Paid Value will never expire.

15-DAY REFUND GUARANTEE – Within 15 calendar days after the date you purchase a deal or voucher, el-restaurant.com will issue you a refund for the full price of the deal or voucher upon request. After this 15-day period, the deal or voucher is non-refundable, but you retain the amount you paid for the deal or voucher as a credit to use at your discretion. Any such credit must be redeemed directly with the el-restaurant.com.

11. el-restaurant Reservations Terms of Use

el-restaurant.com provides the Reservation Services to User for the purpose of assisting User in securing dining reservations at participating third-party restaurants (each, a “Restaurant”). In response to a User’s online request for a Restaurant reservation through el-restaurant.com site, el-restaurant.com directly contacts the Restaurant’s account owner electronically and place reservation in the store merchant dashboard. The availability of reservations is determined at the time of User’s query. Once a reservation is made by User through the el-restaurant.com, el-restaurant will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email after booking a reservation through the Reservation Services.

12. Reservation Cancellation or No-Show Policy?

el-restaurant.com is committed to providing superior quality services to Users and Restaurants. To assist us in maintaining a consistently high level of service for the Restaurants and their patrons, Users must cancel any reservations that they will be unable to honor at least 30 minutes in advance of the reservation. You may cancel your reservation via the el-restaurantSite or by calling the Restaurant directly.

If you are unable to keep your reservation and you fail to cancel at least 30 minutes in advance of the reservation, el-restaurant.com will send you an email letting you know that our records indicate that you were a no-show. By using the Reservation Services, User agrees to receive no-show notifications by email after a report that your reservation was not honored, whether or not that was in fact the case. Your Account will be terminated if you are a no-show for four reservations within a 12-month period. If you receive a no-show notification email in error, please click here for information on how to dispute it. User agrees that all final no-show determinations will be made by el-restaurant in its sole discretion.

13. el-restaurant Dining Rewards Terms and Conditions

It is the el-restaurant member's responsibility to read and understand the terms and conditions regarding Dining Rewards, outlined below.

Rules Concerning el-restaurantDining Points

  • Only el-restaurant.com registered members can participate in Dining Rewards and earn Dining Points. Members earn as many Dining Points based on purchases or reservations made at el-restaurant.com and honored, unless otherwise stated. Dining Points are not awarded until the reservation or redemption of the voucher/deal has been completed (i.e., the dining party has honored the reservation and paid for the meal).
  • el-restautant.com reservations that do not originate on el-restaurant.com may not be eligible for Dining Point awards. If a reservation is eligible to earn points, the points value associated with that reservation will be displayed on the reservation details and confirmation pages, as well as in the confirmation email.
  • If a member needs to modify a reservation, the change should be made online at el-restaurant.com, up to thirty (30) minutes prior to the reservation time -rather than calling the restaurant - in order to ensure that any applicable Dining Points are awarded.
  • el-restaurant.com also provides its members with the opportunity to earn additional Dining Reward Points in exchange of feedback via a review.
  • el-restaurant.com is not responsible for awarding Dining Points if a member or dining party is unable, for any reason, to make or honor an online reservation. Reasons a member may be prevented from making a reservation online include, but are not limited to:
    • technical difficulties
    • restaurant does not accept online reservations for party size requested
    • restaurant is closed or time requested is not available
    • restaurant does not take reservations that far in advance
    • Members will not receive any Dining Points when a reservation is canceled or the dining party does not show up.

Terms and Conditions

  • el-restaurant.com reserves the right to terminate Dining Rewards, or to change these Terms and Conditions, regulations, or benefits of participation, in whole or in part, at any time with or without notice, even though changes may affect the number of Dining Points already accumulated. el-restaurant.com may also withdraw, limit, modify or cancel the number of Dining Points required for reward redemption or change the number or type of reward offered. el-restaurant.com will have final decision should any disputes over Dining Rewards or the awarding of Dining Points arise.
  • el-restaurant.com reserves the right to terminate a member's Dining Rewards' account and cancel accrued Dining Points if el-restaurant.com believes, in its sole discretion, that the member is abusing the Dining Rewards program, or is misrepresenting any information furnished to el-restaurant.com.
  • Any el-restaurant.com member who fails at any time to earn Dining Points for a period of twelve (12) months is subject to termination of his or her membership and forfeiture of all accrued Dining Points. See above rule for more detail.
  • Expiring points will not affect pending dining check redemption.
  • If a dining party is unable to honor a reservation and fails to cancel, el-restaurant.com will send the member an email stating that our records indicate there was a no-show. If a member's account accumulates four (4) no-show reservations within a twelve-month period, el-restaurant.com will cancel that member's account and cancel all accrued Dining Points.
  • Should el-restaurant.com offer rewards from any partners, el-restaurant.com will not be responsible for any partner's participation in or withdrawal from Dining Rewards.
  • Dining Points earned by a member in two or more different accounts cannot be combined to redeem any award.
  • Members are solely responsible for any tax liability related to participation in Dining Rewards.
  • Inquiries regarding the el-restaurant.com Dining Points assigned to a reservation must be submitted via email within 14 days after the reservation date in order to be considered for review by el-restaurant.com.

14. Minimum Age

If you are under the age of eighteen (18), you are prohibited from using, accessing, or purchasing any of the Offer Services or Vouchers.

15. Offer Void Where Prohibited

Any Offer is void where prohibited.

16. Modification, Limitation and Discontinuance

Except as otherwise required by law, el-restaurant.com reserves the right at any time to limit access to, modify, change or discontinue any Offer Services with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of any Offer Services. You agree that el-restaurant.com will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of any of the Offer Services. You agree that el-restaurant.com may establish general practices, policies and limits, which may or may not be published, concerning the use of any of the Offer Services.

III. CONDITIONS FOR USE OF WEBSITE

1. Your Use of the Site

You may use the Site solely for your personal, non-commercial use. Your use of the Site is subject to all applicable laws and regulations.

You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of el-restaurant.com, and el-restaurant.com shall not be responsible for any data lost while transmitting information on the Internet. While it is el-restaurant.com’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.

el-restaurant.com shall have the right at any time to change or discontinue any aspect or feature of el-restaurant.com, including, but not limited to, content, hours of availability, transmission speed and requirements for access or use.

Without limiting the generality of any other provisions of these Terms & Conditions, you may not:

  • use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any manual process to access, acquire, copy, or monitor any portion of the Site or any el-restaurant.com Content or User Content (el-restaurant.com Content and User Content, collectively, “Content”) or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site;
  • attempt to gain unauthorized access to any portion of the Site or any Content, or any systems or networks connected to the Site, by hacking, password “mining”, or any other illegitimate means;
  • reverse look-up or trace any information of any other Site user or otherwise use the Site for the purposes of obtaining information of any other Site user;
  • use any device, software, or process to interfere with, or attempt to interfere with, the proper working of the Site or any Content, or any systems or networks connected to the Site, or with any other person’s use of the Site;
  • remove any copyright, trademark, or other proprietary rights notice contained in or on the Site;
  • use the Site or any Content for any purpose that may directly or indirectly be competitive or potentially competitive with el-restaurant.com; or
  • use the Site or any Content for any purpose that is unlawful or prohibited by these Terms & Conditions.

2. Content; Ownership

el-restaurant.com Content. “el-restaurant.com Content” means all text, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, applications, computer code and associated documentation found on or associated with the Site other than User Content (defined below) including but not limited to the Site as a collective work, the design, structure arrangement and “look and feel” of the el-restaurant.com Content. el-restaurant.com Content is owned by or licensed to el-restaurant.com and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms & Conditions, no el-restaurant.com Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms & Conditions shall be deemed to grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.

User Content. “User Content” means any content, including any text, images, photos, audio, video, and all other forms of data or communication that a user provides or submits to us or our affiliates in any way including social media, Facebook, survey responses and Ratings and Reviews. User Content does not include any el-restaurant.com Content. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you.

License to el-restaurant.com: You are solely responsible for your User Content. By providing User Content you hereby grant, and represent, and warrant that you have all rights and authority necessary to grant, (i) el-restaurant.com and our affiliates, a perpetual, irrevocable, non-exclusive, transferable, royalty-free, fully sub-licensable, fully paid-up, worldwide license and right to use, modify, copy, reproduce, publish, distribute, publicly perform or display, adapt, translate, create derivative works, archive, store, upload, share, post, sublicense, or otherwise make available, such User Content in any form and through any media of any kind now known or later developed, for any purpose, with or without attribution, and (ii) subject to the restrictions set forth in these Terms & Conditions, all users a perpetual, irrevocable, non-exclusive, royalty-free license and right to use, such User Content for each such user’s personal, non-commercial use. You hereby irrevocably waive and assign to us any and all moral rights you may have in or with respect to any User Content you provide to us.

If you submit any idea or expression of ideas within your User Content (an “Idea”), you further agree as follows:

  • to the best of your knowledge, the Idea represents your original work, you have all necessary rights to disclose the Idea to us and doing so, and our use of the Idea, will not infringe upon any third party;
  • your disclosure of your Idea does not establish a confidential relationship with us or obligate us to treat the Idea as confidential;
  • we have no obligation, whether express or implied, to develop or use your Idea and no compensation is due to you or anyone else for any use of that Idea, related Ideas, or ideas derived from your Idea; and
  • Except to the extent these terms are superseded by a separate written agreement signed by you and el-restaurant.com, you hereby irrevocably release and discharge el-restaurant.com and its affiliates from any and all actions, causes of actions, claims, damages, liabilities, and demands, whether absolute or contingent, which you now have or hereafter may have against el-restaurant.com and its affiliates with respect to the Idea.

Restrictions on User Content: Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that:

  • is offensive, threatening, illegal, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, that infringes any third party right, or is otherwise objectionable;
  • promotes illegal activities or conduct that is offensive, threatening, harmful, tortuous, abusive, defamatory, obscene, vulgar, hateful, or is otherwise unlawful;
  • is false, misleading, or defamatory;
  • is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein;
  • provides personal data such as telephone numbers, home or e-mail addresses, full names or last names unless you have the explicit permission of the subject of such personal data (including any photos of any children under the age of 13 without the express permission of the child’s parent or guardian);
  • involves the transmission of unsolicited mass mail, spam, junk mail, or otherwise interferes with other users’ enjoyment of the Site;
  • falsely states or implies that such content is sponsored or endorsed by us or our affiliates;
  • contains restricted or password-only access pages or hidden pages or images;
  • involves commercial activities or sales without our express prior written consent; or
  • involves sending or otherwise making available any material that contains viruses, Trojan horses, worms, time bombs, or any other similar software that may damage the operation of el-restaurant.com’s or any third party web provider’s servers, computers, or networks.

We assume no responsibility for monitoring any of the User Content and have no obligation to review the User Content. In addition, we do not guarantee the accuracy, integrity, or quality of the User Content. Nonetheless, we reserve the right, at all times and for any reason whatsoever, to edit or remove any User Content, as well as selectively publish certain User Content (such as positive User Content).

The foregoing provisions apply equally to and are for the benefit of el-restaurant.com, its subsidiaries, 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.

3. Copyright and Trademarks

el-restaurant.com Content is owned by or licensed to el-restaurant.com and is protected by copyright, trademark, and other intellectual property rights and laws. Except as expressly provided in these Terms & Conditions, no el-restaurant.com Content may be copied, reproduced, sold, republished, transmitted, displayed, reposted, or otherwise distributed for public or commercial purposes. Nothing contained in these Terms & Conditions shall be deemed grant to you or any other user any rights, title, or interest in or to any copyright, trademark, or other proprietary right of ours or any of our licensors.

Without limiting the generality of any other provisions of these Terms & Conditions, you may not post, upload, or transmit any User Content that is protected by copyright, trade secret, or subject to any other third party intellectual property rights or privacy rights unless you are the owner of such rights or you have the express permission from the rightful owner of such rights to upload, post, or submit such content and to grant us all the rights granted herein.

The foregoing provisions apply equally to and are for the benefit of el-restaurant.com, its subsidiaries, 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.

4. Disclaimer of Warranty; Limitation of Liability.

THE SITE, ALL CONTENT, AND ALL PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE PROVIDED OR MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION OR ERROR, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT. YOUR USE OF THE SITE AND OF ANY CONTENT, WHETHER EL-RESTAURANT.COM CONTENT OR USER CONTENT, IS ENTIRELY AT YOUR OWN RISK.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR,CONTENT PROVIDERS (OUR “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR AFFILIATES ARE ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EL-RESTAURANT.COM WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF El-restaurant.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM THIS AGREEMENT, YOUR PARTICIPATION IN THE OFFER SERVICES, OR ANY OTHER MATTER RELATING TO THE EL.RESTAURANT.COM SITE AND SERVICES, THE OFFER SERVICES, OR ANY SPECIFIC OFFER PROMOTION. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT EL.RESTAURANT.COM IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF ANY OF THE OFFER SERVICES, EL-RESTAURANT.COM LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SPECIFIC VOUCHER YOU PURCHASED THROUGH THE OFFER SERVICES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EL-RESTAURANT.COM CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO EL-RESTAURANT.COM THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR EL-RESTAURANT.COM, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY EL-RESTAURANT.COM. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY EL-RESTAURANT.COM. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS PARAGRAPH.

5. Privacy.

For more information see el-restaurant.com’s Privacy Policy.

6. Rewards Program

For more information see el-restaurant.com Rewards Program.

7. Termination.

In addition to exercising other remedies that may be available, we may, at any time, terminate your account or suspend or prohibit your access to the Site without prior notice to you for violating any of these Terms & Conditions or for any other reason whatsoever.

8. Links.

We may provide links to third party websites. We do not recommend or endorse the content of any third-party websites. We are not responsible for the content of linked third-party websites and we do not make any representations regarding their content or accuracy. Your use of third-party websites, including, without limitation, your submission of content to such websites, is at your own risk and subject to the terms and conditions of use for such website. Unless you have executed a written agreement with el-restaurant.com expressly permitting you to do so, you may link to the Site.

9. Notices

We may send you notice with respect to the Site by sending an email message to the email address listed in your account, by sending a letter via postal mail to the contact address listed in your account, or by posting on the Site. Notices shall become effective immediately. Any notices will be deemed delivered to the party receiving such communication (i) one business days after deposit with an overnight carrier, (ii) three business days after mailing date if sent by postal mail, (iii) the date we post the notice to the Site, or (iv) the date of transmittal if sent via email.

10. Governing Law, International Use

These Terms & Conditions will be governed by and construed in accordance with the internal laws of the State of Florida, without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Manatee County, Florida, and waive any objection to such jurisdiction or venue.

Although the Site may be accessible worldwide, we make no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing the Site from territories where its use is illegal is prohibited.

11. Entire Agreement

These Terms & Conditions represent the entire agreement between you and us with respect to the subject matter addressed herein and supersedes all prior to contemporaneous agreements or understandings, written or oral. These Terms & Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and lawful assigns.

12. Waiver.

Any failure by el-restaurant.com to enforce or exercise any provisions of these Terms & Conditions shall not constitute a waiver of that right or provision. Our failure to act with respect to a breach by you or others does not waive our rights to act with respect to subsequent or similar breaches.

13. Attorneys’ and Accountants’ Fees

In any action to enforce these Terms & Conditions, the prevailing party shall be entitled to attorneys’ and accountants’ fees and costs, in addition to such other damages as may be awarded.

14. Indemnification and Release

You agree to indemnify, defend and hold harmless el-restaurant.com, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) your use, access to, or purchase of any Voucher, any specific Offer Promotion, or the Offer Services generally; (b) any violation of this Agreement by you; (c) any goods or services purchased by you pursuant to the Offer Services; or (d) any violation of any rights of another or harm you may have caused to another. el-restaurant.com will have sole control of the defense of any such damage or claim.

You are solely responsible for your interactions with Merchants and other users of the el-restaurant.com Website. To the extent permitted under applicable laws, you hereby release el-restaurant.com from any and all claims or liability related to any product or service of a Merchant, any action or inaction by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher or Offer Services, and any conduct or speech, whether online or offline, of any other party

15. Digital Millennium Copyright Act

If you believe any User Content or any other aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address below. Your notice must meet the requirements of the Digital

Millennium copyright Act by providing the following information:

  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

The address of our copyright agent for notice of claims of copyright infringement on the Site is as follows:

Copyright Agent
izervices, LLC.
15117 Searobbin Drive
Bradenton, Florida 34202
Attention: Copyright Committee

16. Miscellaneous.

If you breach any term of these Terms and Conditions or other agreement with el-restaurant.com, el-restaurant.com may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. el-restaurant.com remedies are cumulative and not exclusive. Failure of el-restaurant.com to exercise any remedy or enforce any portion of the Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable and you and el-restaurant.com agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement.. These Terms and Conditions are not assignable, transferable or sub-licensable by you except with el-restaurant.com prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and el-restaurant.com as a result of these Terms and Conditions or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms and Conditions.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE OR PARTICIPATE IN ANY OF THE DEAL PROGRAMS BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

© 2016 izervices LLC. All rights reserved.

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