Visitor Agreement

Thank you for visiting this website, which is operated by The City Menus, LLC, a Georgia limited liability company (“The City Menus”, “we”, “our” or “us”). This site is one of several city-specific sites (collectively, the “Site”) operated by The City Menus, providing local news content and interactive community-based information on retail and food establishments, events, and other local opportunities and attractions. Each of our sites has adopted the terms and conditions of this visitor agreement to the extent applicable.

This visitor agreement, together with any documents referred to herein (collectively, the “Agreement”) is a binding legal contract between you and The City Menus and governs your use of such website and any content made available from or through the Site. Please read this Agreement carefully. By visiting our Site and using any services offered through our Site (collectively, the “Service”), you accept the terms of this Agreement. We may change the terms of this Agreement from time to time, in which case we will post an updated version of this Agreement on the Site and will update the “Last Updated” date above to reflect the date the changes take effect. By continuing to use the Service after we post any such changes, you accept this Agreement, as modified.

We reserve the right to deny access to this Service or any portion of this Service to anyone who violates this Agreement or who, in our judgment, interferes with the ability of others to enjoy this Service or who infringes the rights of others.
We invite you to send in your questions or comments about this Service, or to bring to our attention any material you believe to be inaccurate. To do so, please contact us at [email protected]

REGISTRATION
To obtain access to certain services on our Service you may be required to register with us. Children under the age of 13 may not register for the Service. You agree that the information you supply during that registration process will be accurate and complete. We reserve the right to reject or terminate any user name that we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

PRIVACY
All information we collect on our Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS SERVICE
Our Limited License to You. The content made available through this Service is the property of The City Menus, its licensors or other third-parties who have authorized use of such content and is protected by United States and international copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use the content you receive through this Service, provided that you reprint any copyright and other rights notices included in such content. You may not otherwise reproduce any of the content on this Service, or distribute copies of content found on this Service in any form (including by email or other electronic means), without prior written permission from The City Menus. Of course, you may encourage others to access the information from our Service and to tell them how to find it. Requests for permission to reproduce or distribute materials found on this Service can be sent to [email protected]

Links to Our Service. We welcome links to our Service. You are free to establish a hypertext link to this Service so long as the link does not state or imply any sponsorship of your site, service, application, or mobile application by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this Service, or incorporate into another website, application, mobile application, or other service any of our intellectual property.
Trademarks. You may not use any trademark or service mark appearing on this Service without the prior written consent of the owner of the mark.

Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Service, please notify our Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”) or by sending a notice by U.S. Mail to The City Menus, LLC, 103 Barnes Avenue, Suite 9, Carrollton, Georgia, 30118, Attn: Copyright Agent. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on the Service the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (5) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

AD Choices by Google.
Advertisements on the Site may say AD Choices above them. These advertisements are provided by Google at random. We are not responsible for the content in these advertisements. When clicking on an AD Choices related advertisement you are being sent directly to a third party website.

USER-PROVIDED CONTENT
Your License to Us. By submitting content, including, but not limited to, any text, photos, video or other content (collectively, “User Contributions”) to us, you are representing that you are the owner of the User Contributions, or are making your submission with the express consent of the owner. By submitting any User Contributions via this Service, you grant us, and anyone authorized by us a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive and unrestricted license to use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material in any medium (whether now known or hereafter developed), in any manner we see fit, and for any purpose that we choose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this Service, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may use, distribute, share or otherwise provide such material under any terms we see fit to any third party without the requirement of providing you any form of compensation. You also agree that we, and anyone authorized by us, may identify you as the author of any of your postings by name, email address or screen name, as we or they deem appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. You understand that the technical processing and transmission of the Service, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices.

Materials Submitted by Other Users. We cannot and do not review every posting made in any chat rooms, forums, and other areas available for public postings we may provide. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any user posting.

USE OF COMMUNICATIONS SERVICES
We strive to provide a variety of interactive services on this Service through which you can interact with others, such as email services, communications tools, forums, classifieds and other user-submitted advertising, and public posting areas (“Communications Services”). For example, you may be able to upload content to participate in a contest or in news gathering on the Service, and you may be able to send a message to another user regarding content on our Service. We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.

Without limiting the terms of our Privacy Statement, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us or other content or materials submitted through this Service. However, we maintain the right to do so and to use any other forms of information available to us by virtue of your use of our Service (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Agreement, or to protect the rights, property or safety of visitors to our Service, our customers, the public or our employees.

We reserve the right to deny access to any Communications Service to anyone who violates this visitor agreement or who, in our judgment, interferes with the ability of others to enjoy our Service or infringes the intellectual property rights or other rights of others. We reserve the right to remove or refuse to pose any content for any and no reason in our sole discretion and to terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of this Agreement. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.

Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:

  • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • Gathering for the purpose of “spamming” any email addresses that users post in our forums and other public posting areas;
  • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Posting fraudulent classified listings;
  • Uploading or posting any off-topic or irrelevant material to any chat room or forum;
  • Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
  • Violating any applicable local, state, national or international law;
  • “Stalking” or otherwise harassing another;
  • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
  • Collecting or storing personal data about other users;
  • Gaining unauthorized access to our Service, or any account, computer system, or network connected to this Service; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this Service.

CLASSIFIED ADVERTISING
Overview. We allow you to purchase classified advertising for display on the Service. To the extent this Service includes any of the types of classified advertising described below, the terms of this Section will apply to any such classified ads. In addition, if the classified advertising service available through this Service is provided by a third-party service provider, your use of that service may also be subject to terms of use adopted by such service provider. We reserve the right to reject any ad copy. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. Once posted, advertisements will run for thirty (30) days. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. WE ACCEPT NO LIABILITY FOR ERROR OR OMISSION. YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS PAID FOR THE PUBLICATION OF A CLASSIFIED AD ON THIS SERVICE AFTER THE PUBLICATION DEADLINE HAS PASSED.

Personal Advertisements. We are a community, family-oriented Service and do not permit the posting of personal advertisements or postings of a sexual nature. Advertisements must be appropriate for all ages. We reserve the right to edit or reject ads that do not meet these standards. Advertisements must not be for any illegal purpose. We are not liable for the content of any advertisements or the responses to such advertisements.

Employment Advertisements. We do not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that an advertisement posted on this service discriminates on any illegal basis, or is otherwise illegal, please contact us at [email protected]
Our Service may include advertisements or online services relating to career counseling firms. A career counseling firm does not guarantee actual placement in a job as the result of its services. Understand any agreement that you enter into with a career counseling firm before you pay for the firm’s services.

We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. Regrettably, however, false job postings may appear in listings on our Service from time to time. False job listings are typically used to illegally collect personal information from job seekers or facilitate other forms of illegal activity. Posting false job listings is a violation of this Agreement and may be a criminal violation of Federal or state laws. It’s important that you to take reasonable precautions when sharing your sensitive information with anyone over the Internet.
Equal Housing Opportunity. Any real estate advertising on this Service is subject to the Fair Housing Act, which makes it illegal to advertise “any preference limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an intention to make any such preference, limitation or discrimination.” Familial status includes children under the age of 18 living with parents or legal custodians; pregnant women and people securing custody of children under 18. You may file a complaint of housing discrimination with the U.S. Department of Housing and Urban Development at http://portal.hud.gov/hudportal/HUD.

E-COMMERCE
We may offer or advertise certain products and/or services for purchase through this Service that are provided by us or by a third-party merchant. These links are provided for you convenience only and we are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. If you make a purchase from a merchant on our Service, or on a third-party website, application, or mobile application that you have accessed through a link on our Service, the information that you provide that merchant on its site, application, or mobile application, or otherwise as part of the transaction, such as your name, address, email, and credit card number will be governed by that merchant’s privacy policy and terms of service. We have no responsibility or liability for these independent policies. When you purchase products or services on or through this Service, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. Any such terms that apply to your purchase of products or services from us will be presented to you as part of your transaction. You release The City Menus from any damages that you incur, and agree not to assert any claims against us, arising from your purchase or use of any products or services made available by third parties through this Service.

DISCLAIMERS
Use at Your Own Risk. We provide the material available through this Service for informational purposes only. You may only use the material and the services available through this Service for your personal and non-commercial use. We try to ensure that information we post to this Service is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, content or services on this Service may, from time to time, contain errors. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS SERVICE.

No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites, applications, or mobile applications we link. A link to another website, application, or mobile application does not constitute our endorsement of that site, application, or mobile application (nor of any product, service or other material offered on that site, application, or mobile application).

No Warranties. THIS SERVICE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS SERVICE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, AGENTS OR OUR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS SERVICE OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THE PRECEDING SENTENCE EVEN IF ANY REMEDY PROVIDED FOR IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION
You agree to indemnify and hold us and our affiliates, service providers and our licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the Service, violation of this visitor agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.

GOVERNING LAW; JURISDICTION
This Agreement has been made in and shall be construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws rules. By using this Service, you consent to the exclusive jurisdiction in the appropriate state or federal court located in Carroll County, Georgia or in the United States District Court for the Northern District of Georgia, for all disputes arising out of or relating to this Agreement or this Service.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of any term or condition of this Agreement by The City Menus will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of The City Menus to assert a right or provision this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between you and The City Menus with respect to the Service and your use thereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Service.

Your Comments and Concerns

Thank you for visiting our Site and using our Service. All feedback, comments, requests for technical support and other communications relating to our Service should be directed to [email protected]