Kind Diners Society | La Capricciosa (2023)

Kind Diners Society^TM

Privacy Policy

Updated: November 12, 2020

Kind Diners Society’s Online Privacy Policy

At Kind Diners Society (defined below), we want you to know that we respect your privacy, the privacy of our Members. This document provides information regarding our policy as it relates to the collection, use and disclosure of personal information. It also outlines your rights to limit the collection use or disclosure of personal information. Personal information may include your name, email, mailing and/or business address, phone numbers, or other information that identifies you personally. We at Kind Diners Society take holding this personal information seriously and we strive to maintain this information in confidence pursuant to the terms of this Privacy Policy. We also strive to maintain a secured website on all pages that may require you to provide any personal information.

Contacting Us

If you have general questions about your account or how to contact customer service for assistance, please visit our online help center atcheers@kinddiners.com. For questions specifically about this Privacy Policy, or our use of your personal information, cookies or similar technologies, please contact us by email atcheers@kinddiners.comor as indicated at the address below.

Kind Diners Society is a d/b/a (“doing business as”) name for our legal entity The Ultimate Wine Club Inc.

The data controller of your personal information is Kind Diners Society. Please note that if you contact us to assist you, for your safety and ours we may need to authenticate your identity before fulfilling your request.

Collection of Information

Kind Diners Society collects information on the Kind Diners Society website (“Website”) at two or more different stages.

Information you provide to us: We require the submission of certain personally identifiable information when you use the services available for the Website. We collect information from you when you register on our Website, subscribe to our services, place an order, or fill out a form. When subscribing, ordering or registering on our Website, as appropriate, you may be asked to enter your including: name, e-mail address, mailing or other address, phone number, date of birth, or credit card information. We may also collect this information in a number of other ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions. And, we may also collect information when you choose to provide ratings, taste preferences, account settings (including preferences set in sections of our website), or otherwise provide information to us through our service or elsewhere. You may, however, visit our Website anonymously.

Information we collect automatically: We may collect anonymous aggregate information (such as a domain name or IP address) from all visitors to the Website. This type of information is never linked to any personally identifiable information and is only used in the aggregate to general statistical reports about the use of the Website.

We may collect information about you and your use of our service, your interactions with us and our advertising, as well as information regarding your network, network devices, mobile devices, and your computer or other Kind Diners Society capable devices you might use to access our service. This information includes:

• your activity on the Kind Diners Society service, such as restaurant use, and search queries;
• your interactions with our emails and texts, and with our messages through push and online messaging channels;
• details of your interactions with our customer service, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number and call recordings;
• device IDs or other unique identifiers, including for your network devices;
• resettable device identifiers (also known as advertising identifiers), such as those on mobile devices, tablets, and media devices that include such identifiers (see the "Cookies and Internet Advertising" section below for more information);
• device and software characteristics (such as type and configuration), connection information including type (wifi, cellular), statistics on page views, referring source (for example, referral URLs), IP address (which may tell us your general location), browser and standard web server log information, certain environmental variables, such as your MAC address, computer type (for example, Windows or Macintosh), screen resolution, OS version, and these environmental variables collected by most browsers;
• information collected via the use of cookies, web beacons, pixel tags, clear GIFs, and other technologies, including ad data (such as information on the availability and delivery of ads, the site URL, as well as the date and time) (see our "Cookies and Internet Advertising" section for more details.)

Like most websites, we use cookies and/or web beacons to enhance your experience, gather general visitor information, and track visits to our Website. Please refer to the “Cookies and Internet Advertising” section below for information about cookies and how we use them.

Information from partners:We collect information from other companies with whom you have a relationship (“Partners”). These Partners might include (depending on what services you use): restaurants who make our service available; mobile phone carriers or other companies who provide services to you or provide promotions for the Kind Diners Society service; and voice assistant platform providers who enable interaction with our service through voice commands. The information Partners provide us varies depending on the nature of the Partner services, and may include:

• search queries and directions applicable to Kind Diners Society that you make through Partner devices or voice assistant platforms;
• service activation information such as your email address or other contact information;
• IP addresses, device IDs or other unique identifiers, as well as associated pre-paid promotion, billing and user interface information, that support user authentication, the Kind Diners Society service registration experience, Partner payment processing, and the presentation of Kind Diners Society content to you through portions of the Partner user interface.

Information from other sources:We also obtain information from other sources. We protect this information according to the practices described in this Privacy Policy, plus any additional restrictions imposed by the source of the data. These sources vary over time, but could include:

• service providers that help us determine a location based on your IP address in order to customize our service and for other uses consistent with this Privacy Policy;
• security service providers who provide us with information to secure our systems, prevent fraud and help us protect the security of Kind Diners Society accounts;
• payment service providers who provide us with payment or balance information, or updates to that information, based on their relationship with you;
• online and offline data providers, from which we obtain aggregated demographic, interest-based, and online advertising related data;
• publicly available sources such as publicly available posts on social media platforms and information available through public databases associating IP addresses with internet service providers (ISPs).

Use of Information

Kind Diners Society collects a variety of information for many different purposes that are related to the use and sale of our services and products. We use information to provide, analyze, administer, enhance and personalize our services and marketing efforts, to manage member referrals, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use such information to:

• determine your general geographic location, provide localized suggestions, provide you with customized and personalized dining recommendations for restaurants we think will be of interest to you, and help us quickly and efficiently respond to inquiries and requests;
• coordinate with Partners on making the Kind Diners Society service available to Members and providing information to non-members about the availability of the Kind Diners Society service;
• secure our systems, prevent fraud and help us protect the security of Kind Diners Society accounts;
• prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce our terms (such as determining whether and for which Kind Diners Society signup offers you are eligible);
• analyze and understand our Members, improve our service (including our user interface experiences and service performance) and optimize restaurant selections and recommendation algorithms;
• communicate with you concerning our service so that we can send you news about Kind Diners Society, details about new restaurants, features, and content available on Kind Diners Society, special offers, promotional announcements, consumer surveys, and to assist you with operational requests such as password reset requests. These communications may be by various methods, such as email, push notifications, text message, online messaging channels, and matched identifier communications (described below). Please see the "Your Choices" section of this Privacy Policy to learn how to set or change your communications preferences.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

Disclosure of Information

We disclose your information for certain purposes and to third parties, as described below:

• Kind Diners Society: We share your information among the Kind Diners Society operations as needed for: data processing and storage; providing you with access to our services; providing customer support; making decisions about service improvements; content development; and for other purposes described in the Use of Information section of this Privacy Policy.
• Service Providers: We use other companies, agents or contractors ("Service Providers") to perform services on our behalf or to assist us with the provision of services to you. For example, we engage Service Providers to provide marketing, advertising, communications, security, infrastructure and IT services, to customize, personalize and optimize our service, to provide bank account or balance information, to process credit card transactions or other payment methods, to provide customer service, to analyze and enhance data (including data about users' interactions with our service), and to process and administer consumer surveys. In the course of providing such services, these Service Providers may have access to your personal or other information. We do not authorize them to use or disclose your personal information except in connection with providing their services (which includes maintaining and improving their services).
• Partners: As described above, you may have a relationship with one or more of our Partners, in which case we may share certain information with them in order to coordinate with them on providing the Kind Diners Society service to members and providing information about the availability of the Kind Diners Society service. For example, depending on what Partner services you use, we may share information:
  • in order to facilitate Partner promotions or collection of payment for the Kind Diners Society service to us;
  • with Partners who operate voice assistant platforms that allow you to interact with our service using voice commands;
  • so that content and features available in the Kind Diners Society service can be suggested to you in the Partner’s user interface. For members, these suggestions are part of the Kind Diners Society service and may include customized and personalized viewing recommendations.
• Promotional offers:We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the offer. Please note that these third parties are responsible for their own privacy practices.
• Protection of Kind Diners Society and others:Kind Diners Society and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of Kind Diners Society, its users or the public, as required or permitted by law.
• Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Policy. You acknowledge that such transfers may occur, and that any acquirer of Kind Diners Society or its assets may continue to use your personal information as set forth in this Privacy Policy.

You may also choose to disclose your information in the following ways:

• certain portions of our service may contain a tool which gives you the option to share information by email, text message and social or other sharing applications, using the clients and applications on your smart device;
• social plugins and similar technologies allow you to share information.

Social plugins and social applications are operated by the social networks themselves, and are subject to their terms of use and privacy policies.

Access to Account and Profiles

• “Remember me” function: For ease of access to your account, you may use the "Remember me on this device" function when you log in to the website. This function uses technology that enables us to provide direct account access and to help administer the Kind Diners Society service without requiring reentry of any password or other user identification when your browser revisits the service.
• Giving others access to your account: If you sign-up with us, your online account information is protected by a password chosen by you. Access to that online account requires your username and password. We recommend that you do not disclose your username and password to any other person. If you share or otherwise allow others to have access to your account, they will be able to see your restaurant use and selections availability, your account profile and other account information. If you use that feature, those devices will remain signed into your account unless you later log out of those devices.
• Profiles:Profiles allow users to have a distinct, personalized Kind Diners Society experience, built around the restaurants of interest to them. Please note that profiles are available to everyone who uses your Kind Diners Society account, so that anyone with access to your Kind Diners Society account can navigate to and use, edit, or delete profiles. You should explain this to others with access to your account, and if you do not wish them to use or change your profile, be sure to let them know. Profile users may be offered the opportunity to add an email address, phone number or other information to the profile and provided with notice of collection and use at the time such information is requested.

Your Choices

• Email and Text Messages: If you no longer want to receive certain communications from us via email or text message, simply access the "Communications Settings" option in the "Account" section of our website and uncheck those items to unsubscribe. Alternatively, click the "unsubscribe" link in the email or reply STOP (or as otherwise instructed) to the text message. Please note that you cannot unsubscribe from service-related correspondence from us, such as messages relating to your account transactions.
• Push Notifications: You can choose to receive mobile push notifications from Kind Diners Society. On some device operating systems, you will be automatically enrolled in the notifications. If you subsequently decide you no longer wish to receive these notifications, you can use your mobile device's settings functionality to turn them off. We may also offer push notifications on certain web browsers. If you agree to receive those notifications and subsequently decide you no longer wish to receive these notifications, you can use your browser’s settings to turn them off.
• WhatsApp: If you have enabled WhatsApp messages in connection with your Kind Diners Society account or profile and no longer wish to receive them, you can use your WhatsApp app settings to block them.
• Interest-Based Ads: Interest-based ads are online ads that are tailored to your likely interests based on your use of various apps and websites across the Internet. If you are using a browser, then cookies and web beacons can be used to collect information to help determine your likely interests. If you are using a mobile device, tablet, or streaming media device that includes a resettable device identifier, then that identifier can be used to help determine your likely interests. For your choices about interest-based ads from Kind Diners Society, please see the "Cookies and Internet Advertising" section (below).
• Matched Identifier Communications: Some third-party sites and apps allow us to reach our members with online promotions about our Partners and services by sending a privacy protective identifier to the third party. A privacy protective identifier means we convert the original information (such as an email address or phone number) into a value to keep the original information from being revealed. The third party compares the privacy protective identifier to identifiers in its database and there will be a match only if you have used the same identifier (such as an email address) with Kind Diners Society and the third party. If there is a match, Kind Diners Society can then choose whether or not to send a given promotional communication to you on that third-party site or app, and can optimize and better measure the effectiveness of online advertising. You can opt out in the “Marketing Communications” section of the “Account” section of our website.

Your Information and Rights

You can request access to your personal information, or correct or update out-of-date or inaccurate personal information we hold about you. You may also request that we delete personal information that we hold about you.

When you visit the "Account" portion of our website, you have the ability to access and update a broad range of information about your account, including your contact information, your Kind Diners Society payment information, and various related information about your account (such as the content you have viewed and rated). You must be signed in to access the "Account" section.

If you are the account owner, to download a copy of your personal information go to: www.kinddiners.com/account/getmyinfo (you must be signed in to access the "Account" section), and follow the instructions.

For other requests, or if you have any other question regarding our privacy practices, please contact us atcheers@kinddiners.com. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws. Please also see the "Your Choices" section of this Privacy Policy for additional choices regarding your information.

We may reject requests that are unreasonable or not required by law, including those that would be extremely impractical, could require disproportionate technical effort, or could expose us to operational risks such as free trial fraud. We may retain information as required or permitted by applicable laws and regulations, including to honor your choices, for our billing or records purposes and to fulfill the purposes described in this Privacy Policy. We intend to take reasonable measures to destroy or de-identify personal information in a secure manner when it is no longer required.

If you are a California consumer, please see our California Consumer Privacy Act (CCPA) Privacy Notice below.

Security

We use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. After a transaction, your private information (credit cards, personally identifying information, etc.) will be kept on file for more than 60 days in order to facilitate future subscription payments or orders and to maintain ongoing, monthly purchasing transactions with our company. Our security measures are designed to provide a level of security appropriate to the risks of processing your personal information. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your personal information and cannot assume liability for improper access to it. By using our service (including our website and interfaces) or providing personal information to us through any means, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Kind Diners Society service.

Other Websites, Platforms and Applications

The Kind Diners Society service may be provided through and/or utilize features operated by third party platforms, or contain links to sites operated by third parties whose policies regarding the handling of information may differ from ours. For example, you may be able to access the Kind Diners Society service through platforms such as mobile devices and a number of other Internet connected devices. These websites and platforms have separate and independent privacy or data policies, privacy statements, notices and terms of use, which we recommend you read carefully. In addition, you may encounter third party applications that interact with the Kind Diners Society service.

Children

By law, you must be 18 years of age or older or otherwise eligible to subscribe to the Kind Diners Society service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member.

We are in compliance with the requirements of COPPA (Children's Online Privacy Protection Act), we do not intentionally collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. This online privacy policy applies only to information collected through our website and not to information collected offline.

Changes to This Privacy Policy

We will update this Privacy Policy from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of the Kind Diners Society service after any such updates take effect will constitute acknowledgement and (as applicable) acceptance of those changes. If you do not wish to acknowledge or accept any updates to this Privacy Policy, you may cancel your use of the Kind Diners Society service. To see when this Privacy Policy was last updated, please see the "Last Updated" section below.

Cookies and Internet Advertising

We and our Service Providers use cookies and other technologies (such as web beacons), as well as resettable device identifiers, for various reasons. We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits, keep track of advertisements and compile aggregate data about website traffic and website interaction so that we can offer better website experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our website visitors.

We want you to be informed about our use of these technologies, so this section explains the types of technologies we use, what they do and your choices regarding their use.

Cookies and similar technologies, web beacons, and resettable device identifiers: Cookies are small data files that are commonly stored on your device when you browse and use websites and online services. We may use other technologies such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). Like cookies, these other technologies may store small amounts of data on your device. Web beacons (also known as clear gifs or pixel tags) often work in conjunction with cookies. In many cases, declining cookies will impair the effectiveness of web beacons associated with those cookies.

If you use the Kind Diners Society app on a mobile device or tablet, we may collect a resettable device identifier from your device. Resettable device identifiers (also known as advertising identifiers) are similar to cookies and are found on many mobile devices and tablets (for example, the "Identifier for Advertisers" (or IDFA) on Apple iOS devices and the "Google Advertising ID" on Android devices), and certain media devices. Like cookies, resettable device identifiers are used to make online advertising more relevant and for analytics and optimization purposes.

Kind Diners Society use of certain technologies: We use these types of technologies for various reasons, like making it easy to access our services by remembering you when you return; to provide, analyze, understand and enhance the use of our services; to enforce our terms, prevent fraud; to improve site performance, monitor visitor traffic and actions on our site; and to deliver and tailor our marketing or advertising, and to understand interactions with our emails, marketing, and online ads on third party sites.

To help you better understand how we use cookies and resettable device identifiers, please see the information below:

• Essential cookies:These cookies are strictly necessary to provide our website or online service. For example, we and our Service Providers may use these cookies to authenticate and identify our members when they use our websites and applications so we can provide our service to them. They also help us to enforce our Terms of Use, prevent fraud and maintain the security of our service.
• Performance and functionality cookies:These cookies help us to customize and enhance your online experience with Kind Diners Society. For example, they help us to remember your preferences and prevent you from needing to re-enter information you previously provided (for example, during member sign up). We also use these cookies to collect information (such as popular pages, conversion rates, viewing patterns, click-through and other information) about our visitors' use of the Kind Diners Society service so that we can enhance and personalize our website and service and conduct market research. Deletion of these types of cookies may result in limited functionality of our service.
• Advertising cookies and resettable device identifiers:These cookies and resettable device identifiers use information about your use of this and other websites and apps, your response to ads and emails, and to deliver ads that are more relevant to you. These types of ads are called "interest-based advertising." The advertising cookies associated with our service belong to our Service Providers.

In connection with our use of these technologies, some of the websites and apps where we advertise, as well as advertising technology companies that we use to purchase, deliver, optimize, and/or measure our advertisements (collectively “Advertising Partners”), may receive limited information from us as part of our campaign targeting, measurement, and optimization (e.g., steps completed in sign-up and site visit or app open/install information).

Common uses of this type of information are to judge the effectiveness of and optimize ad campaigns, by allowing Advertising Partners to see when someone who saw an ad later signed up for our service. Another common use is to make sure we do not serve ads trying to get individuals to sign up for the Kind Diners Society service if they are already a Kind Diners Society user.

Kind Diners Society uses contractual and technical measures designed to prevent Advertising Partners from accessing information regarding specific restaurant selections you make or URLs you land on. We do not share information about restaurant selections or your restaurants you have dined with through on our service.

Exercising choice regarding these technologies:

• To exercise choice regarding cookies
  For more information about cookies set through our website, as well as other types of online tracking (including the collection of information by third parties about your online activities over time and across third-party web sites or online services for online interest based advertising), and to exercise choices regarding them, please email us atcheers@kinddiners.com. At this time, we do not respond to web browser "do not track" signals.
• To exercise choice regarding resettable device identifiers
  To opt out of interest-based ads from Kind Diners Society in connection with a resettable device identifier on a mobile device, tablet, or streaming media devices, please configure the appropriate setting on your device (usually found under "privacy" or "ads" in your device's settings). You may still see Kind Diners Society ads on your device, but they will not be tailored to your likely interests.
• To exercise choice using self-regulatory program resources
  Kind Diners Society supports the self-regulatory program, Digital Advertising Alliance (DAA), which provides additional privacy choices for interest-based advertising.
• To exercise choice regarding other technologies
  There are a number of ways to exercise choice regarding technologies that are similar to cookies, such as browser storage and plugins (e.g., HTML5, IndexedDB, and WebSQL). For example, many popular browsers provide the ability to clear browser storage, commonly in the settings or preferences area; see your browser's help function or support area to learn more. Other technologies, such as Silverlight storage, may be cleared from within the application.

California Online Privacy Protection Act Compliance

Because we value your privacy, we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act as such applies to California consumers.

Terms of Use

Please also visit our Terms of Use section establishing the use, disclaimers, and limitations of liability governing the use of our website atwww.kinddiners.com.

Your Consent

By using our Website, you consent to our website Privacy Policy. We reserve the right to make changes to this Privacy Policy at any time and for any reason. Any changes to our Privacy Policy will be posted on this Website.

Contacting Us

If there are any questions regarding this Privacy Policy, you may contact us using the information below.

Kind Diners Society

11450 SE Dixie Hwy, Suite 206

Hobe Sound, FL 33455

Kind Diners Society^TM

Website Terms of Use

Introduction

Welcome, we would like to take this opportunity to thank you for visiting the Kind Diners Society website (the “Website”) and any of our mobile sites and applications. Kind Diners Society is the name by which The Ultimate Wine Club Inc. is doing business and is referred to as Kind Diners Society herein. Our website iswww.kinddiners.com.

Acceptance of Terms of Use

The Terms of Use represent the entire agreement between Kind Diners Society and its members and others using, visiting, or browsing the Website (“you” or “Members”), superseding all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Kind Diners Society website (“Website”), the content, products, or services provided by or through the Website, and subject to these Terms of Use. Acceptance of such terms is evidenced by using, visiting, or browsing the Website, without limitation or qualification.

Changes to the Terms of Use

Kind Diners Society has the right to make changes, modifications, alterations, or deletions of any content of these Terms at any given time. Due to timely updates, you are expected to occasionally visit this page to identify revisions to which you are bound. Use of the Website before and after changes made, signifies acceptance, agreement, and assent of the Terms of Use and are therefore bound to the existing rules.

Copyright and Trademark Notice

Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly, and arrangement thereof, are the sole property of Kind Diners Society. The materials, information and software (the "Materials") contained in this Site are protected by applicable copyright and trademark law. You may use the content of this Website only for the purpose of placing an order on this Website, perusing restaurants, viewing advertisements and offers we may post on the Website, or shopping on this Website, and for no other purpose. No materials from this Website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

We respect the intellectual property rights of others. Accordingly, we have a policy of removing user submissions (“Submissions”) that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

Kind Diners Society, 11450 SE Dixie Hwy, Suite 206, Hobe Sound, FL 33455

Email:copyright@kinddiners.com

Your written notice must:

• contain your physical or electronic signature;
• identify the copyrighted work alleged to have been infringed;
• identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material;
• contain adequate information by which we can contact you (including postal address, telephone number, and email address);
• contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner’s agent, or the law;
• contain a statement that the information in the written notice is accurate; and
• contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

If you believe that your trademark is being used somewhere on the Services in a way that constitutes trademark infringement, the owner or an agent of the owner may notify us atcopyright@kinddiners.com. We ask that any complaints provide the accurate identity of the owner, how we may contact you, and the specific nature of the complaint.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Send counter-notices to the same addresses listed above and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s address is located, or, if the content provider’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

If the Sites receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Sites reserve the right to terminate the accounts of “repeat copyright infringers.”

Material on our Sites may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on our Sites without prior notice.

Your Use of the Website

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content of the Website, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content of the Website, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Kind Diners Society reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Kind Diners Society server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Website, or any other customer of Kind Diners Society, including any Kind Diners Society account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Kind Diners Society’s systems or networks, or any systems or networks connected to the Website or to Kind Diners Society. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the service or Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Kind Diners Society on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kind Diners Society or others.

Acknowledgement of Our Information and Intellectual Property to Any Submissions

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Kind Diners Society website, receipt of data, access to materials and information made available through the use of the Kind Diners Society website, the possibility of our review, use or display of your Submissions, and the possibility of publicity and promotion from our review, use or display of your Submissions.

While we welcome comments and suggestions from our Members and visitors to our Website, unfortunately it is Kind Diners Society policy not to accept or consider unsolicited suggestions, ideas, or materials. The purpose of this policy is to avoid the possibility of misunderstandings when projects developed by Kind Diners Society may seem to others to be a product of their own creative work. We emphasize, please do not send us any unsolicited materials including but not limited to the following: pitches, ideas, concepts, suggestions, photographs, drawings, videos, audiovisual works, and/or other similar materials (“Unsolicited Materials”).

If, despite our warnings, you send Kind Diners Society any Unsolicited Materials, by sending such Unsolicited Materials you will be deemed to have granted and assigned all right, title and interest in an to such Unsolicited Materials, including without limitation any ideas, methods, and inventions contained therein, to Kind Diners Society, and Kind Diners Society shall be entitled to use such Unsolicited Materials for any purpose whatsoever, commercial or otherwise, without compensation to you. If there is any doubt or ambiguity about whether there has been an actual submission of Unsolicited Materials, such materials shall be collectively and conclusively deemed to be a “Submission” for purposes of these Terms of Use.

By submitting Unsolicited Materials to Kind Diners Society, you hereby appoint Kind Diners Society as your agent with the power to enter into and execute any contract, document, and/or do any act that Kind Diners Society considers appropriate to confirm the grant of rights, consents, agreements, assignments, and waivers set forth in these Terms of Use.

You agree that any Unsolicited Materials you submit are not being provided in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and Kind Diners Society in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Unsolicited Materials exist and are not exclusively owned by Kind Diners Society, you agree not to enforce any such rights against the Kind Diners Society or our licensees, distributors, agents, representatives, and other authorized users.

Links and Third-Party Websites

This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to our Website.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify Kind Diners Society’s acceptance of your order, nor does it constitute confirmation of an offer to sell. Kind Diners Society reserves the right at any time after receipt of an order to accept or decline an order for any reason.

Typographical and Other Errors

The Materials appearing on the Site may include technical, typographical, or photographic errors. Kind Diners Society does not warrant that any of the Materials on its Website are accurate, complete, or current. Kind Diners Society may make changes to the Materials contained on its Website at any time without notice. Kind Diners Society does not, however, make any commitment to update the Materials. In the event a subscription, service, or product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Kind Diners Society shall have the right to refuse or cancel any orders placed for such subscription, service, or product listed at the incorrect price. Kind Diners Society shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Kind Diners Society shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Website User Conduct

All users of the Website shall be 18 years of age or older. In connection to the use of the Website and content, users are not allowed to:

• upload, post, e-mail, or otherwise transmit any:
  • content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of anyone’s privacy, hateful, or racially, ethnically, or otherwise illegal or objectionable;
  • content that does not give any right to users to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
  • content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party;
  • unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• use the Website for any unlawful purpose;
• interfere with or disrupt the services and content of the Website; or,
• intentionally or unintentionally, violate any applicable local, state, national, or international law.

Termination of access to the Website and use of its services and products may be performed by Kind Diners Society subject to the compliance to the Terms of Use. False, inaccurate, or incomplete information provided; engagement to any conduct that would otherwise harm any of Kind Diners Society’s rights or interests in its Website, services, products, or other property; or for any or no reason, can all be grounds for termination without prior notice.

Limitation of Liability

Kind Diners Society, its officers, directors, employees, attorneys, or agents shall not be liable (jointly or severally) under any circumstances, including but not limited to negligence for any direct, indirect, special, incidental or consequential damages of any kind. This statement includes but is not limited to the use of services offered by Kind Diners Society, data and profit loss on any theory of liability which may arise in or out of the connection with the ability or inability of the services offered by Kind Diners Society or the materials on the Website. The fact remains true despite the advice given to Kind Diners Society or any of its representatives of the possibility of such damages. Limitation and exclusion of incidental or consequential damages may not be applicable to everyone since some states do not allow such. Liability shall be limited to the fullest extent permitted by applicable law if any authority holds any portion of this section to be not enforceable.

Indemnification

You are entirely responsible for safeguarding and maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold Kind Diners Society, our Members, licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns harmless from and against any and all losses, damages, liabilities, and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the indemnified in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with Kind Diners Society in the defense of any claim. Kind Diners Society reserves the right, at Kind Diners Society’s own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Disclaimer of Warranty

Kind Diners Society disclaims all warranties, expressed or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, or other violations of rights with the fullest extent permissible pursuant to applicable law. No liability or responsibility is assumed for any errors or omissions of the contents in the Website; any corrected defects; any failures, delays, malfunctions, or interruptions in the delivery of the any content on the Website; any losses or damages; or any conduct by users of the Website, either online or offline. Kind Diners Society does not warrant or represent the use or results of the use of the services or materials on the Website in terms of correctness, accuracy, reliability, or otherwise. The users shall assume the entire cost of servicing, repair, or correction.

Last Updated: November 12, 2020