Terms and Conditions

Last revised: October 28, 2013

1. Introduction

Your use of the Dinner Discussions service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Use and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):
Changes and Modifications. Dinner Discussions may change or amend these terms. If we make material changes, we will notify you, either through the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise the new terms will apply to you.

As long as you comply with this Agreement, Dinner Discussions grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.


2. General Description of Service

The Dinner Discussions Service is a tool for helping parents to make mealtimes with their children more meaningful.


3. Conditions of use and user conduct

As a condition of use, and the licenses granted to you herein, you agree to the following:

    • Certain components of the Service permit or require you to open an account (including setting up a password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Dinner Discussions immediately of any unauthorized use of your account or password, or any other breach of security.
    • You must not use the Service to harass, threaten, impersonate, or intimidate anyone.
    • You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
    • You must not upload, post, email, transmit, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
    • You must not transmit any worms or viruses or any code of a destructive nature.
    • You must not violate any laws applicable to your use of the Service (including but not limited to intellectual property laws).
    • You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
    • You must not use the Service to falsely suggest an affiliation, sponsorship, or endorsement on the part of Dinner Discussions.

4. Use of the Service by Minors

By using the Service you represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Dinner Discussions Service, your Dinner Discussions account, or otherwise interact with the Service. Dinner Discussions will never knowingly solicit, nor will it accept, personally identifiable information from visitors or users known to be under thirteen (13) years of age.


5. User Content

Dinner Discussions offers users the ability to contribute content to the site. Once submitted, this content becomes the property of Dinner Discussions.


6 Payment Terms

6.1 General

Dinner Discussions charges a subscription fee to its members on either a monthly or annual basis. At the end of each billing cycle, you agree to pay the then-current fee for the subscription plan you have signed up for. The current fee will automatically and immediately be charged to your payment instrument. All currency references are in U.S. dollars. Any account discrepancies should be reported within 30 days of the billing cycle. After that, no account adjustments will be made.

6.2 Termination

If your credit card is invalid for any reason, you will be immediately notified to rectify the situation and within 24 hours your account may be suspended if not resolved. Failure to pay will result in your account’s termination.


7. Intellectual property infringement, warranties

Dinner Discussions does not knowingly accept or post to the site any material that is in violation of the U.S. Digital Millennium Copyright Act (“DMCA”). If any user submits copyrighted material to Dinner Discussions or violates any part of the U.S. Digital Millennium Copyright Act (“DMCA”) in any way, the user agrees to hold Dinner Discussions harmless. If legal action is taken against Dinner Discussions for said violations, Dinner Discussions will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Dinner Discussions.


8. Dinner Discussions Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Dinner Discussions Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Dinner Discussions Content, contained on the Service is owned, controlled, or licensed by or to Dinner Discussions, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights.

Except as expressly provided in this Agreement or otherwise permitted by law, no Dinner Discussions content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Dinner Discussions express prior written consent.


9. Termination; Breach of This Agreement

You agree that Dinner Discussions may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service, without providing a refund of any fees. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service.

If Dinner Discussions takes any legal action against you as a result of your breach of this Agreement, Dinner Discussions will be entitled to recover from you, and you agree to pay, all reasonable attorney’s fees and costs of such action, in addition to any other relief granted to Dinner Discussions.


10. Disclaimer of Warranties

While Dinner Discussions attempts to make User Data available through the Service, Dinner Discussions does not guarantee access to, or hosting of, your User Data. You agree that Dinner Discussions will not be liable to you or to any third party for termination of your access to the Service for any reason.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DINNER DISCUSSIONS AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “DINNER DISCUSSIONS AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. DINNER DISCUSSIONS AND THE DINNER DISCUSSIONS AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DINNER DISCUSSIONS, THE DINNER DISCUSSIONS AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.


11. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DINNER DISCUSSIONS AND THE DINNER DISCUSSIONS AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT DINNER DISCUSSIONS MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DINNER DISCUSSIONS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT DINNER DISCUSSIONS AND THE DINNER DISCUSSIONS AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


12. Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, DINNER DISCUSSIONS AND/OR THE DINNER DISCUSSIONS AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.


13. Indemnification

You agree to indemnify and hold Dinner Discussions and/or the Dinner Discussions Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by Dinner Discussions and/or the Dinner Discussions Affiliates in connection with any claim arising out of your breach of the Agreement. Dinner Discussions reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.


14. General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Dinner Discussions. It governs your use of the Service and completely replaces any prior agreements between you and Dinner Discussions with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Dinner Discussions.
Governing Law. The laws of the state of Utah, excluding Utah’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Dinner Discussions Service.
Dispute Resolution. Any dispute arising out of or relating to these terms or the Dinner Discussions Service shall be submitted exclusively to confidential binding arbitration in Sandy, Utah, except that to the extent you have in any manner violated or threatened to violate Dinner Discussions intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Utah. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Utah. Arbitration under these Terms of Use shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise.

Statute of Limitations. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Dinner Discussions does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. Dinner Discussions may assign or delegate some or all of its rights and obligations under this Agreement.


15. How to contact us

You may contact us by visiting: http://www.dinnerdiscussions.com/contact
Dinner Discussions mailing address is:
Dinner Discussions
10812 N. 5800 W.
Highland, UT 84003
USA