Welcome to HTownToday.com!
We are delighted to have you visit our site and join the HTownToday.com family. This page is to provide the guidelines for using our site, whether you are a restaurant owner or manager or just a visitor who is browsing.
Last updated: March 18 2020
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.HTownToday.com website (the “Service”) operated by HTownToday.com (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your phone number. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, nonpayment, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Further, restaurant owners and/or managers have the ability to update their listings directly on the site, and it is their responsibility to do so. HTownToday.com is not responsible for any inaccuracies on the listing pages.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service and our social media outlets. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
HTownToday.com has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of HTownToday.com or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
HTownToday.com does not guarantee the availability of services for restaurants listed on our site. Visitors are advised to contact each restaurant directly to learn of availability, pricing and other location-specific information.
Account
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HTownToday.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HTownToday.com.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by HTownToday.com.
HTownToday.com has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HTownToday.com 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 third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. You can delete your account yourself, or contact us at [email protected] and let us know you want to have your account deleted. We will delete it.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Privacy Policy (and compliance with GDPR)
As of May 25, 2018, the European Union has implemented GDPR (General Data Protection Regulations) which apply to HTownToday.com. We are required to specifically share our policies here.
HTownToday.com only collects personal information and data that you provide to us in order that we may provide services to you (access to features, notices of promotions, etc.). You have access to all of the data that you provide to us when you log into your account, and you can log in directly from any page on our site. Simply select the ‘LOG IN’ button at the top right hand side of the page, log in, and you can see, access, print, edit, or delete any of the information you have provided us. We do not process any data that you provide to us, and we do not subject your data to any automated decision making (such as targeting ads or content to you). We only retain your data in order to provide services to you. If you have any difficulties accessing, printing, editing, or deleting your data, please reach out to us at [email protected], and we will assist you.
We do not collect any credit card or other financial information from you. All financial transactions are handled through third party payment processing sites such as PayPal and Authorize.net. Should you have concerns about information shared with these third-party payment sites, please see their websites for information about how to contact them. You have the option of sending us a check for payment rather than use one of these online services; if you send a check to us, we do not store any check information on our system. The checks are deposited directly into the bank upon receipt. We do not store your account numbers in any of our systems.
Our team members at HTownToday.com are trained in procedures to secure personal data in order to safeguard any information that you share with us. All of our policies are reviewed regularly, but if you have any questions or concerns, please reach out to us directly at [email protected]. If you are not satisfied with our response to a complaint, you have the right to file a complaint with the supervisory authority of the country in which you reside; you may also have the right to seek a judicial remedy. We use an independent dispute resolution service, the Judicial Arbitration and Mediation (JAMS), for remediation and you can reach them at https://www.jamsadr.com to submit a case.
Please note that we are a restaurant listing service. We do not provide online ordering or collect order information on behalf of any restaurant or service.
Indemnification
You agree to defend, indemnify and hold harmless HTownToday.com and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall HTownToday.com, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, loss of other fees, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HTownToday.com its subsidiaries, affiliates, contractors, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We will indicate a new revision by “rev ” at the beginning of this document.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at [email protected] .