dine exclusive, dine smart
ingrid's list, LLC
IMPORTANT: ALL USERS MUST READ THIS SECTION
This is a summary of our terms and conditions. For our complete terms and conditions, please read below.
• As a condition of purchase, ingrid's list, LLC a California limited liability company ("we" or "us") requires you give them us permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by logging onto ingridslist.com or by hitting the unsubscribe button at the bottom of any of our email correspondence. Please see our Privacy Policy for details.
• By placing an order, you make an offer to us to purchase products you have selected based on standard ingridslist.com restrictions, restaurant and merchant-specific restrictions, and on the terms and conditions stated below.
• If you have any questions about these terms, please view our faqs here, contact us at info@ingridslist.com, or call us at 1.877.7MY.LIST.
To read the complete ingridslist.com Terms of Use, please see below.
IMPORTANT: ALL USERS MUST READ THIS SECTION
ACCEPTANCE OF TERMS OF USE
By using this site (the "Site"), you ("you" or the "End User") agree to the terms of use that we ("ingridslist.com") have provided. If you do not wish to agree to the outlined terms of use (the "Terms of Use" or "Agreement"), please refrain from using the Site.
ingridslist.com reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.
1. Definitions.
"ingridslist.com" provides an interactive online service operated by ingrid's list LLC on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by ingridslist.com, affiliates of ingridslist.com and other third parties.
2. General.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site, End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of ingridslist.com, and ingridslist.com shall not be responsible for any data lost while transmitting information on the Internet. While it is ingridslist.com' objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of ingridslist.com, access to the Site may be interrupted, suspended or terminated from time to time, for which we have no liability.
ingridslist.com shall have the right at any time to change or discontinue any aspect or feature of ingridslist.com, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, ingridslist.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
ingridslist.com reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon ingridslist.com's posting thereof. Any use of ingridslist.com by End User after such notice shall be deemed to constitute acceptance by End User of such modifications.
4. Equipment.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ingridslist.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
5. End User Conduct.
You agree not to use the Site to:
i. submit material that is protected by copyright, patent or other proprietary rights unless you are the owner of that material or have permission from the owner;
ii. transmit or otherwise make available any User content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive or another' privacy, hateful, or racially, ethnically or otherwise objectionable;
iii. harm minors in any way;
iv. impersonate any person or entity, including any official of ingrid's list, LLC
v. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;
vi. email, transmit or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
vii. email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, "spam," chain-letters, pyramid schemes, or any other form of solicitation;
viii upload, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
ix. interfere with or disrupt the Site or servers or networks connected to the Site;
x. stalk or otherwise harass another; or
xi. collect or store personal data about other users.
The foregoing provisions of this Section 5 apply equally to and are for the benefit of ingridslist.com, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of ingrid's list, LLC. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF INGRIDSLIST.COM, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of ingridslist.com protected by copyright as a collective work under the United States copyright laws. ingridslist.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download, print or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of ingridslist.com and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that End User does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with ingridslist.com shall not be deemed to be in the public domain but rather the exclusive property of ingridslist.com, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of ingridslist.com, unless otherwise stated End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. ingridslist.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted ingridslist.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End User hereby grants ingridslist.com the right to edit, copy, publish and distribute any material made available on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are for the benefit of ingridslist.com, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES ARE AT END USER'S SOLE RISK. NEITHER INGRIDSLIST.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE, INCLUDING DINING CERTIFICATES PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT INGRIDSLIST.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL INGRIDSLIST.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE MICROSITES. INGRIDSLIST.COM' LIABILITY IS RESTRICTED TO THE AMOUNT OF THE TRANSACTION ENTERED INTO BETWEEN US AND THE END-USER.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER INGRIDSLIST.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
INGRIDSLIST.COM IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER MAY POST ON THIS SITE OR ANY OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY INGRIDSLIST.COM. MOREOVER, INGRIDSLIST.COM RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, INGRIDSLIST.COM, DEEMS UNSUITABLE.
8. Monitoring.
ingridslist.com shall have the right, but not the obligation, to monitor the content of the Site at all times that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by ingridslist.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, ingridslist.com has the right to remove any material that ingridslist.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. Privacy.
End User acknowledges that all discussion and/or other messages or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read End User's communications without End User's knowledge. ingridslist.com does not control or endorse the content, messages or information found in any Community, and, therefore, ingridslist.com specifically disclaims any liability concerning the Communities and any actions resulting from End Users participation in any Community, including any objectionable content. Generally, any communication which End User emails to ingridslist.com is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by ingridslist.com as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Site, End User grants Ingridslist.com the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see ingridslist.com's Privacy Policy.
10. License Grant.
By emailing communications on or through this Site, End User shall be deemed to have granted to ingridslist.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
11. Indemnification.
End User agrees to defend, indemnify and hold harmless ingridslist.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Site and/or the Microsites by End User.
12. DMCA Notices.
If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any user content on the Site infringes upon such proprietary rights, you may submit a notice to us pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to us: (i) the signature of the holder of a proprietary right that is allegedly infringed; (ii) identification of the work alleged to have been infringed; (iii) identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit us to locate the material; (iv) contact information for us to contact you, including an address, telephone number and/or email address; (v) your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights or otherwise under law; and, (vi) a statement that the information in the notice is accurate under penalty of perjury You understand that your failure to comply with these requirements may result in an invalid notice under the DMCA.
13. Termination.
Ingridslist.com may terminate this Agreement at any time. Without limiting the foregoing, ingridslist.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which ingridslist.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10, 11, 12 will survive termination of this Agreement.
14. Trademarks.
Ingridslist.com is a trademark of ingrid's list, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on ingridslist.com are the property of their respective owners.
15. Third Party Content.
Ingridslist.com, similar to an internet service provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, ingridslist.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of ingridslist.com. Neither ingridslist.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 7 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with ingridslist.com. ingridslist.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ingridslist.com by anyone other than authorized ingridslist.com employee spokespersons while acting in official capacities. Under no circumstances will ingridslist.com be liable for any loss or damage caused by an end user's reliance on information obtained through ingridslist.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through ingridslist.com.
ingridslist.com contains links to third party web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by ingridslist.com of the contents on such third-party sites and ingridslist.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party Web sites. If End User decides to access linked third-party Web sites, End User does so at its own risk. Unless you have executed a written agreement with ingridslist.com expressly permitting you to do so, you may not provide a hyperlink to the Site from any other website. ingridslist.com reserves the right to revoke its consent to any link at any time in its sole discretion.
16. Miscellaneous.
This Agreement and any operating rules for ingridslist.com established by ingridslist.com constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
ingridslist.com's headquarters are in San Diego, California. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of the State of California (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in San Diego, California under the rules of arbitration of the American Arbitration Association.
17. Guidelines for Children
It is our policy to comply with the children' Online Privacy Protection Act of 1998 (COPPA) and all other applicable laws By accessing the Site, you affirm that you are 18 years of age or older and are fully capable and competent to abide by and enter into this Agreement as set forth in the Terms of Use If you do not comply with this age restriction, please do not use this Site.
By placing an order, you make an offer to us to purchase the certificates you have selected on the terms and conditions stated below. For more information, please view our privacy policy.
1. Terms and Conditions for [Prix-Fixe] Fine Dining Certificates
• Valid for dine in only unless otherwise stated.
• There is no guarantee that your preferred restaurant will be able to accommodate your reservation because there are only a limited number of seats available each week for a prix fixe certificates.
• The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
• Neither the seller nor the restaurant is responsible for lost or stolen certificates or restaurant certificates reference numbers.
• Reproduction, sale or trade of this Restaurant-Specific Certificate is prohibited unless done so in compliance with the law.
• Any attempted redemption not consistent with these terms and conditions will render the Restaurant-Specific Certificate void.
• Void to the extent prohibited by law.
• No cash back on Prix Fixe Fine Dining Certificates.
• Three-Course Prix Fixe Dining Certificates are non-refundable
• Expire one (1) year from date of issue, except where otherwise prohibited by law.
2. Terms and Conditions for Restaurant-Specific Denominational Certificates
• Denominational Certificates cannot be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
• No cash value for Denominational Certificates.
• No cash back upon redemption or at any other time
• Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Denominational Certificate void.
• Void to the extent prohibited by law
3. Additional Terms and Conditions for All ingridslist.com Products
All certificates printed from the ingridslist.com website or any website associated with ingridslist.com are promotional certificates that are offered to customers below their face value and shall be honored only in combination with additional consideration and subject to the terms and conditions of ingridslist.com and the participating restaurant or merchant. Certificates do not provide customers with an absolute right to redeem a certificate for its full value without such additional consideration. We have no liability in the event a restaurant closes, changes its hours of operations or changes ownership.
IN THE EVENT THAT THERE IS A DISPUTE CONCERNING ANY CERTIFICATE, INGRIDSLIST.COM' LIABILITY IS LIMITED TO THE AMOUNT OF THE CERTIFICATE.
