TERMS AND CONDITIONS

Welcome to NewEatz.com, owned and operated by Plan For LLC. Plan For LLC is a privately owned company that carries out business on the Internet.

All we ask is that you agree to abide by the following Terms and Conditions. Look them over because by using our site you automatically agree to them. Naturally, if you don't agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be. Your continued use of the NewEatz.com web site means that you accept those changes.

The purpose of this portal is to provide new restaurant owners, who have been in business within five years to opportunity to advertise their new eatery. In addition, this website will cater to consumers, clients, customers, companies and, more generally, Internet users to view new eateries within their area. Internet users will also be given the ability to post comments to restaurants they have recently visited.

By using this site you manifest your acceptance of these terms and conditions and of our Privacy Policy. We take the privacy of our visitors extremely seriously and we intensely recommend that you read our Privacy Policy with regularity.

NewEatz.com reserves the right to amend these Terms and Conditions periodically. By your continued use of this site you signify your renewed assent to such amendments.

COPYRIGHT AND TRADEMARK NOTICE

©2008 NewEatz.com. All rights reserved.

NewEatz.com logo are trademarks and/or service marks of Plan For LLC.



:: Links:

Links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. NewEatz.com has not reviewed all of these third-party sites, does not control and is not responsible for any of these sites or their content. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk. We strongly encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.



:: Accuracy of information

Descriptions of products and services or any other information published on NewEatz.com have either been made directly available by consumers, clients, customers, companies and, more generally, Internet users. All restaurants advertised/published/posted/submitted on NewEatz.com becomes unsecured information and open for view by internet users throughout the World Wide Web. That means that we don’t treat any such submission as confidential and NewEatz.com will be held harmless of any and all liability. In addition, you may not copy, reproduce, republish, and retransmit any logos, reviews, comments or posts that does not belong to you in any way or for any other purpose. Neither may you add, delete, distort or misrepresent the NewEatz.com site.

:: Exclusion of Warranty

The materials on this site are provided as “As Is” without warranties of any kind either expressed or implied to the fullest extent possible pursuant to applicable law. NewEatz.com disclaims all warranties, expressed or implied, including but not limited to, implied warranties or merchantability, non-infringement or other violation rights. The Internet is not a secure medium, and neither the privacy of your communications, nor visits to the NewEatz.com Website, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. The Web Site may include incomplete information, inaccuracies or typographical errors. NewEatz.com and any other persons involved in the management of the NewEatz.com Website may make changes in the information and content included in the Web Site at any time without notice. NewEatz.com shall not be responsible for any detrimental reliance you may place on the Web Site or its contents.

:: Privacy

Anonymous numeric information is collected for statistical purposes only. This enables us to establish user patterns, but not the movements or buying habits of an individual. We do not make any association between any statistical information and a visitor\\\\\\\'s identity.

:: Applicable Law

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, as it is applied to agreements entered into and to be performed entirely within such jurisdiction. To the extent you have in any manner violated or threatened to violate NewEatz.com and/or its affiliates intellectual property rights, NewEatz.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.



:: Any other disputes will be resolved as follows


If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Fairfield, California, County of Solano. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Fairfield, California, County of Solano, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. NewEatz.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.

:: Liability


NewEatz.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE SITE USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE OMISSION ON OUR SITE INTERRUPTION OF AVAILABILITY OF OUR SITE DEFECT ON OUR SITE DELAY IN OPERATION OR TRANSMISSION OF OUR SITE COMPUTER VIRUS OR LINE FAILURE PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY, DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES."), OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.") WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR"CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY ARE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.



:: Indemnity

The material that you read on the site is provided exclusively for information purposes. Neither NewEatz.com nor its affiliated or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequentially, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information, reviews, comments, posts or opinions provided in the site. You agree to indemnify, defend and hold NewEatz.com and its affiliates, and their respective directors, owners, agents, independent review critic(s), information providers and licensors harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable legal fees) incurred by any Indemnified Party in connection with any breach by you of these Terms of Use.

:: Language

English shall be the primary language of the NewEatz.com Website, and all transactions occurring in connection with the Web Site, and the parties waive any right to use and rely upon any other language, or translations.

:: Termination of This Agreement


This agreement is effective until terminated by NewEatz.com. As the restaurant owner, you agree that FREE or FEATURED advertisements will remain on the site for an unlimited period of time, or otherwise specified during the initial registration. As a consumer/customer/patron/internet user, your comments/posts/remarks will remain on our website for an unlimited period of time or until it is deleted by NewEatz.com. NewEatz.com is given the right to delete any comments/posts/remarks that pertains to violence with the intent to threaten, hurt, and injure any affiliates and/or users. NewEatz.com is entitled to terminate all or any part of any of its Web site without notice to you.

:: Disclaimer

NewEatz.com will use its best endeavours to reliably and accurately present service and product information from third parties. NewEatz.com website is, however, provided on an "as is" basis and NewEatz.com does not make any representations or warranties as to the accuracy, completeness or validity of the information provided. NewEatz.com cannot be held liable for any consequential loss resulting from the information it provides. Any decision made in relation to services as a result of information obtained from NewEatz.com is your sole responsibility. No liability is excluded to the extent such exclusion would not be permitted by law.