April 30 , 2009

Welcome to D. J. Ardore Inc.'s

Website User Agreement

(User Terms of Service)
(UTOS)

 

 

Please read the following Website User Agreement carefully before using this website.

 

This Website User Agreement (hereinafter referred to as “UTOS”) describes the terms and conditions applicable to your use of D. J. Ardore, Inc. (hereinafter referred to as “ARDORE”) owned websites (hereinafter WEBSITE), which may be updated by ARDORE without notice to you. This Website User Agreement constitutes an agreement between you the user (hereinafter “YOU”), and ARDORE. If YOU do not accept the terms of this user agreement, YOU may not use this website.  ARDORE may from time to time revise these terms and conditions by updating this posting.

 

BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY ANY SUCH REVISIONS AND SHOULD THEREFORE VISIT THIS PAGE TO DETERMINE THE CURRENT WEBSITE USER AGREEMENT PRIOR TO EACH USE OF THIS WEBSITE.

 

ARDORE reserves the right to make revise this UTOS effective for INFORMATION already collected through this WEBSITE, as well as INFORMATION collected now and/or in the future. Your continued use of this WEBSITE constitutes acceptance of any changes to this UTOS. For your information, the date of the last revision of this UTOS is stated at the top of this document.

 

Use of Materials, Restrictions, Copyrights

 

All viewable content viewed on this website including but not limited to text, images, photography, artwork, web pages, graphic design, virtual tours and video (hereinafter “MATERIAL”) displayed on this WEBSITE and/or stored in ARDORE computer servers and/or databases are either owned or copyrighted by ARDORE, their advertisers and/or by others. Except as stated herein, none of the MATERIAL on WEBSITE may be saved, downloaded, copied or reproduced in any form including but not limited to electronic, digital, mechanical and/or photocopying without the prior written consent of ARDORE. All MATERIAL is for viewing purposes only. No permission is granted to download and/or save MATERIAL to computer storage devices.

 

Permission is granted to YOU to print the web pages on WEBSITE providing (i) you print only one copy, (ii) the MATERIAL contained within such web pages will be used for your non-commercial personal use only, (iii) all copyright and proprietary notices are printed on the copies, and (iv) you do not distribute the copy in whole or in part to any third party or entity. This permission terminates automatically if you breach any of these agreement terms and conditions. Additionally the MATERIAL on this website is not to be saved, downloaded, distributed or stored on any non-ARDORE owned Internet computer servers.

 

Compliance With Local Laws

 

ARDORE makes NO representation that the materials and MATERIAL contained in this website are legal in all jurisdictions. YOU the user are responsible to ensure that viewing the MATERIAL and materials in this website is in compliance with applicable local and state laws.

 

MATERIAL & Material Accuracy

 

YOU the user acknowledge that the MATERIAL viewed in this WEBSITE has NOT been reviewed by ARDORE for completeness or accuracy. ARDORE, their licensors advertisers and/or others are NOT responsible for typographical errors or omissions of any kind found in the MATERIAL, including, but not limited to, prices, menus, hours, driving directions, recipes, description, coupons, entertainment information, for any listed and/or advertised business on WEBSITE. The information for each business is provided for informational purposes only. YOU, the user, bear the entire risk of using the MATERIAL displayed of this WEBSITE. All MATERIAL on this website is subject to change, without notice.

 

Hyperlinks

 

The WEBSITE may provide YOU, the user, with links to third party web sites not owned or affiliated with ARDORE.  ARDORE has no control over these websites nor the content within them, and does not endorse the content of any hyperlinked web site. ARDORE is not responsible for the availability of these linked web sites. Additionally, ARDORE shall not be held responsible nor liable, directly or indirectly, for any claim in connection with computer viruses, content, goods or services provided or offered on or through any of these third party web sites or any other website that may be linked to these third party websites.

 

 

Communications & Privacy  (D. J. Ardore's Privacy Policy)

 

All text, image, MATERIALS, information, form, or e-mail (hereinafter referred to as “INFORMATION”) YOU, the user, transmit or provide to and/or through (i) ARDORE at this domain and/or other domain, (ii) ARDORE advertisers on WEBSITE, (iii) businesses listed on this WEBSITE and/or (iv) this WEBSITE and/or ARDORE databases and/or computer servers by any means will be considered NON-CONFIDENTIAL and NON-PROPRIETARY and is the property of ARDORE.

 

ARDORE shall not disclose INFORMATION to third-parties without your written or verbal consent, except that ARDORE may disclose such information to ARDORE’s clients and/or WEBSITE advertisers and to third parties that perform services for and/or on behalf of ARDORE. YOU, the user agree, that ARDORE is not responsible for how INFORMATION YOU transmitted and/or provided is used.

 

YOU, the user, agree not to transmit or provide to and/or through ARDORE at this domain and/or other domain, ARDORE advertisers on WEBSITE, businesses listed on WEBSITE and/or this WEBSITE and/or ARDORE databases any unlawful, threatening, libelous, defamatory, obscene, pornographic or otherwise offensive INFORMATION.

 

This UTOS addresses only INFORMATION as obtained through this WEBSITE. This UTOS does not extend to other web sites and ARDORE makes no warranties regarding the use of information you disclose to other web sites, even if those web sites are linked to this WEBSITE. We encourage you to review the terms of service agreements and security policies of all other web sites that you access.

 

Reservation Request Service (Reservation Request Service Policy)

 

If YOU the user choose to send a reservation request via this WEBSITE reservation request service, YOU the user consent and agree that INFORMATION provided shall be transmitted to the business you selected via a non-secure e-mail, fax transmission and/or cell phone text message in accordance with D. J. Ardore's Privacy Policy. YOU the user agree ARDORE is not responsible for lost or misdirected reservation requests regardless of cause. YOU the user acknowledge and agree that ARDORE may maintain a permanent record of such reservation request. YOU the user agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, from any claim, including reasonable attorneys fees, arising from or related to your reservation request.

 

Online Food Ordering Service (Online Food Ordering Service Policy)

 

If YOU, the user, choose to order food via this WEBSITE online food ordering service, YOU, the user, consent and agree that INFORMATION provided shall be transmitted to the business you selected via a non-secure e-mail, fax transmission and/or cell phone text message in accordance with D. J. Ardore's Privacy Policy. YOU, the user, agree that ARDORE is not responsible for lost or misdirected online food orders regardless of cause. YOU, the user, acknowledge and agree that ARDORE will maintain a permanent record of such online food orders. YOU, the user, agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, from any claim, including reasonable attorneys fees, arising from or related to your online food order.

 

Gift Certificate Purchases (Gift Certificate Purchase Policy)

 

If YOU the user choose to purchase a gift certificate via this WEBSITE gift certificate online order form, YOU the user consent and agree that all non payment INFORMATION provided through this website shall be transmitted to the business/merchant you selected via secure electronic method. ARDORE does retain a record of gift certificate order purchaser and ship to information. Currently business/merchants have the option of utilizing one of the two methods below to obtain gift certificate orders.

 

Online Credit Card Order & Security Policy (Payment Information Provided Online)

 

ARDORE does not store, process, and/or transmit gift certificate order credit card data.  ARDORE utilizes the secure services of a third party “payment gateway” retained by the business/merchant you selected to transmit and process your credit card data.  Upon completion of the gift certificate online order form, payment information shall be requested by the payment gateway. The payment gateway web page shall clearly indicate the amount of your purchase and that you are securely transmitting your payment information.  ARDORE requires online payment transactions be completed via the payment gateway method to allow for “Payment Card Industry” (PCI) compliance.

 

For information on Payment Card Industry (PCI) compliance please visit:

 

http://en.wikipedia.org/wiki/PCI_DSS

https://www.pcisecuritystandards.org

 

ARDORE is committed to enhancing security through use of encryption technology for transmission of INFORMATION ARDORE at its sole discretion deems sensitive, no data transmission over the Internet can be made 100% secure. ARDORE cannot ensure that encryption technologies are undecipherable or that servers on or off ARDORE premises are impenetrable.

 

YOU the user agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, licensors, vendors, advertisers, and clients from all claims including reasonable attorneys fees arising from or related to your Gift Certificate order, Gift Certificate purchase, Gift Certificate redemption, process of transmitting and subsequent handling of INFORMATION provided by YOU the user, to ARDORE, the business/merchant YOU selected and/or to the third party payment gateway and/or others.

 

Online Courtesy/Convenience Orders (No Payment Information Provided Online)

(This method will no longer be available after December 31, 2009)

 

ARDORE offers a courtesy/convenience order process.  This non online payment method allows for the secure transmit of gift certificate order data (purchaser and ship to information) without payment information.  Upon the business/merchant receipt of your order they shall contact YOU via telephone or you may contact them via telephone, confirm your unique order number, then provide the business/merchant directly with payment information.  In the event you feel uncomfortable providing payment information from an inbound telephone call, request the business/merchant allow YOU to call them back at their establishment.

 

Gift Certificate Conditions / No Refunds & Returns

 

Gift Certificates YOU purchase are valid for the period noted on the gift certificate online order form and confirmation. Gift Certificate purchases are NOT refundable and cannot be redeemed for cash. YOU are purchasing the Gift certificates from the business/merchant selected and shall be charged for the Gift Certificates directly from the business/merchant. YOU agree to pay for your Gift Certificate purchases in accordance with your credit card agreement. YOU the user agree ARDORE is not responsible for lost, misdirected and/or unprocessed Gift Certificates orders regardless of cause. YOU the user agree ARDORE is not responsible for lost and/or misdirected shipping of such Gift Certificates to YOU regardless of cause. YOU the user acknowledge and agree that ARDORE may maintain a permanent record of the INFORMATION provided when YOU submit a gift certificate order.

 

YOU the user agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, licensors, vendors, advertisers, and clients from all claims including reasonable attorneys fees arising from or related to your Gift Certificate order, Gift Certificate purchase, Gift Certificate redemption, process of transmitting and subsequent handling of INFORMATION provided by YOU the user, to ARDORE, the business/merchant YOU selected and/or to the third party payment gateway and/or others.

 

Trademarks, Service Marks, Copyrights and Use of Third Party Materials

 

ARDORE and/or licensors and/or others own all trademarks, service marks and/or copyrighted material posted on WEBSITE. No trademarks, service marks and/or copyrighted material posted on WEBSITE may be used without the prior written consent of their owner. The trademarks ARDORE, D. J. ARDORE'S, RESTAURANTARDORE, RESTAURANTPASSION, and WEDDINGPASSION are owned by ARDORE. All other trademarks are owned by their respective companies. ALL TRADEMARKS WHETHER MARKED OR UNMARKED, ARE THE PROPERTY OF THEIR RESPECTIVE OWNER.

 

No Unlawful or Prohibited Use

 

As a condition of your use of WEBSITE, YOU warrant and represent that YOU will not use the WEBSITE for any commercial purposes or for any purpose that is unlawful or prohibited by these terms. Furthermore, YOU specifically agree NOT to use this WEBSITE to solicit the businesses listed and/or advertised on this WEBSITE for any commercial and/or fund raising purpose. In addition, YOU agree not to use the WEBSITE in any manner that could damage, disable, overburden, or impair the WEBSITE or interfere with another person's use and enjoyment of the WEBSITE. Sending commercial e-mail information and/or solicitations, sending commercial information and/or solicitations via online WEBSITE forms and/or making commercial telephone calls to businesses listed and/or advertised on this WEBSITE is strictly prohibited, and a violation of the terms and conditions of the use of this WEBSITE. Such violation may result in civil and/or criminal penalties against the sender and those assisting the sender.

 

Only non commercial communications for obtaining information about the products and/or services businesses listed and/or advertised on this WEBSITE provide is permitted.

 

Warranties

 

YOU the user acknowledge and agree that ARDORE makes no warranty that this website shall meet your requirements, or that this website is error free, works properly or that the quality of the products or services provided by ARDORE and/or by it licensors, the businesses listed, advertisers, and vendors will meet your expectations. Additionally, YOU the user agree you are solely responsible for any damage caused to your computer system or data loss regardless of cause including but not limited to accessing and/or downloading corrupt and/or virus containing computer files resulting from your use of this WEBSITE or any third party website however linked to this WEBSITE.

 

 

Indemnity

 

YOU the user agree to indemnify and hold harmless ARDORE, its directors, officers, employees, agents, licensors, vendors, advertisers, and clients from all claims including reasonable attorneys fees arising from or related to (i) your use of WEBSITE, or (ii) violation of the terms and conditions of the use of this WEBSITE or (iii) your violation of any law or (iv) your violation of the rights of any third party.

 

 

Liability Limitation

 

YOU THE USER AGREE THAT ARDORE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL ARISING OUT OF THE USE OR IN CONNECTION WITH THE USE OR ANY OTHER MATTER RELATING TO THIS WEBSITE HOWEVER ARISING, INCLUDING NEGLIGENCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE THIS LIMITATION MAY NOT APPLY TO YOU.

 

User Representation

 

YOU the user represents, warrants and covenants that (a) you have the power and authority to enter into this agreement; (b) you are at least 18 years of age; and, (c) YOU will only use the WEBSITE in accordance with the terms and conditions contained herein.

 

Severability

 

Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

 

Waiver

 

The waiver by ARDORE of a breach of any provision of this Agreement by you shall not operate or be construed as a waiver of any other or subsequent breach by YOU.

 

Scope of Agreement

 

This Website User Agreement (UTOS) constitutes the entire agreement between ARDORE and YOU, the user, and supersedes any previous agreements on this subject. If any part of this agreement is found to be unenforceable for any reason, all other parts of this agreement shall remain in effect. Any non-enforcement of this agreement by D. J. Ardore, Inc. shall not be considered a waiver of rights. The laws of the State of New Jersey shall govern this agreement. The State of New Jersey is the exclusive jurisdiction for disputes. Venue for any disputes will be in State court located in Morris County, New Jersey or Federal Court located in Newark, New Jersey.

 

Comments

 

Forward any questions or comments regarding this WEBSITE to webmaster@djardore.com

 

 

 

 

D. J. Ardore, Inc. P. O. 188, Mountain Lakes, NJ 07046