Terms of Service

TucsonRestaurantGuide.com is owned and operated by Ventana Net LLC of Tucson, Arizona.

We respect your privacy and do not disclose your personal information to anyone except when required by law. Personal information does not include information which you choose to display on our site such as your nickname, content of restaurant reviews, restaurant menus and other information.

We do our best to provide timely and accurate information on our site. However, you must consider the site contents to be provided "as is",

The plain English version is that we will do our best to make our site the best it can be, and you will not abuse or misuse our site.

Now for the long version...

1. ACCEPTANCE OF TERMS
   Welcome to TucsonRestaurantGuide.com. We provide service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.tucsonrestaurantguide.com/tos. In addition, when using particular or services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
   We provide users with restaurant information and means to contribute to our side, including suggesting updates to such information and posting reviews.
   Registered users acting on behalf of restaurants may provide additional information such as descriptions and menus and receive other services, paid and unpaid, for their restaurants.
   You understand and agree that we may include advertisements and that these advertisements are necessary for us to provide service. You also understand and agree that the service may include certain communications from us, such as service announcements, administrative messages and newsletters, and that these communications are considered part of membership and you will not be able to opt out of receiving them.
   You understand and agree that service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to our site and services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.
3. YOUR REGISTRATION OBLIGATIONS
   You also agree to provide true, accurate, current and complete information about yourself on registration form.
4. RIGHT TO REFUSE SERVICE
   We reserve the right to cancel registration, remove data, and/or refuse service at any time without notice and without cause.
5. PRIVACY POLICY
   We will not provide your email address, real name, postal address, or phone numbers to anybody except as required by law or court order. This does not apply to restaurant information that is already available through the telephone book or other public records.
   Your chosen Nickname will be displayed on restaurant reviews. If you choose to use your real name as your nickname, you have voluntarily disclosed that information to anyone accessing our website.
   Information you provide regarding restaurant reviews, restaurant menus, descriptions, prices, etc for display on our site are not considered private data and we are free to display them.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
   You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
7. MEMBER CONDUCT
   You agree to not use our service to harm us or anybody else. "Harm" includes but is not limited to liable, slander, and posting of offensive or illegal materials.
8. INDEMNITY
   You agree to indemnify and hold Ventana Net LLC and its subsidiaries, affiliates, owners, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through our service, your use of our service, your connection to our service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
   You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of our service, use of our service, or access to our service.
10. MODIFICATIONS TO SERVICE
    We the right at any time and from time to time to modify or discontinue, temporarily or permanently, our serve (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
11. TERMINATION
    You agree that we may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address and web page, data, and access to our ervice. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to our service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
    Further, you agree that all terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to our service.
12. DEALINGS WITH ADVERTISERS
    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our service.
13. LINKS
    Our service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we're is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
14. DISCLAIMER OF WARRANTIES
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    YOUR USE OF OUR SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
    A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN I N USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
15. LIMITATION OF LIABILITY
    YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
17. NO THIRD PARTY BENEFICIARIES
    You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
18. NOTICE
    We may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
19. GENERAL INFORMATION
    Entire Agreement. The TOS constitute the entire agreement between us and govern your use of our service, superceding any prior agreements. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationships described shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pima, Arizona.
    Waiver and Severability of Terms. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.