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Terms of Use

Consent

Please read these Terms of Use carefully before using this web site. By accessing this site, you agree to be bound by these Terms of Use. If you DO NOT agree, DO NOT access this site. ADC reserves the right to change these Terms of Use at any time, at its own discretion, and without notice; however, all such changes will be posted to this site. ADC encourages you to review the Terms of Use from time-to-time, so that you are aware of any such changes. The Terms of Use that are applicable to you at any given time are the then-current Terms of Use.

ADC retains the right to deny access to this site, to any one at its complete discretion, for any reason, including for violation of any of these Terms of Use. This site provides links to various other web sites, whether affiliated with ADC, or otherwise. These other web sites may have their own Terms of Use policies, which are different from, or in addition to, the Terms of Use specified herein. By accessing these web sites through links provided on this site, you agree to abide by each applicable Terms of Use policy as therein specified.

Copyright, Trademarks, Mask Work Rights & Intellectual Property Rights

Copyright © 2001 - 2011 Aloha Diners Club, ADC   All Rights Reserved. All text (content), formatting (including without limitation the selection, coordination and arrangement of materials on the site, and the “look and feel” of the site), logos, images, graphics, animation, videos, music, sounds, articles, copy, creative content, trademarks, trade names, mask work rights, trade secrets, IP, and subsidiary, parent, or affiliate company names and other materials on this site are subject to the intellectual property rights of the Aloha Diners Club, its subsidiaries and affiliates, and their respective licensors and licensees, if any. These materials may not be copied for commercial use, reverse engineered, decompiled, or disassembled, nor may these materials be modified, re-posted to other web sites, framed, deep linked to, or otherwise redistributed in any form. Nothing contained on the site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any ADC, , and/or SRX Paystation™ trademark, intellectual property right or copyrighted material without prior written permission of Aloha Diners Club. Any unauthorized commercial use of these materials will violate the intellectual property rights of the Aloha Diners Club, and will be subject to Aloha Diners Club. exercising its/their full legal rights and all remedies afforded by local, state and federal, as well as international law.

U.S. Trademarks

Limited Right to Use Site Content

The viewing, printing or downloading of any content from the Site grants you only a limited, nonexclusive, revocable permission for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works or other non-personal use. No part of any content, graphic or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use.

You may not create a web page or site, or computer application of any kind that deep links to or frames this Site, any page of this Site, or any content, graphics, document, trademark or other proprietary information of any kind located on this Site without express written permission from ADC. You may not use meta tags or any other type of hidden text utilizing ADC or any of its affiliates' names, trademarks or intellectual property rights on a web site without express written permission of ADC.

Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all materials contained herein are reserved by ADC. Your right to access this Site may be terminated at any time by ADC, without notice.

Editing, Deleting and Modification

ADC reserves the right to modify, add or delete any information, documents, graphics or other content appearing on or in connection with the Site, including these Terms of Use, at any time without notice.

System Integrity

You may not use any code, application, software or hardware intended to damage or interfere with the proper and timely functioning of the Site, or to surreptitiously intercept any system, data or personal information from the Site. You may not take any action, which imposes an unreasonable or disproportionately large load on the Site's network or other infrastructure.

Privacy Policy

ADC recognizes the importance of respecting the privacy of those who visit this Web Site and choose to take advantage of the services, products, programs and information offered at this Site. The ADC General Privacy Policy (linked below) provides an overview of what you can expect when you enroll in one of our programs or simply browse our Site.

General Privacy Policy

Sweepstakes

From time-to-time, the Site may invite you to enter contests and/or sweepstakes, or other promotions. All such contests, sweepstakes and promotions are void where prohibited or restricted by law, and are subject to the Official Rules for such contests, sweepstakes and/or promotions.

No Confidentiality with Respect to Submissions or Feedback

While we welcome your comments and feedback regarding our Site, services, products, programs and information made available, we do not want to receive, and will not accept, ideas or information with any understanding of a confidentiality or non-use obligation of any kind. All comments and feedback disclosed or offered by you to ADC shall be considered by ADC to be non-proprietary and non-confidential, and may be used by ADC without any further obligation to you whatsoever. By disclosing or offering such comments and feedback, you agree that ADC shall have no further confidentiality, non-use or other obligation to you.

Links to Other Web Sites

The Site may contain links to other web sites that are completely independent of this Site. ADC is not responsible for the accuracy, content, or authenticity of the information or content contained in any such linked web site, or for the products or services offered or sold through any such linked web site. Such links shall not be construed as an approval or endorsement by ADC of the linked web site, or information, content, products or services offered therein. These links are provided only as a convenience to you. If you decide to access other web sites through our site, you do so at your own risk.
Indemnification

You agree to indemnify, defend and hold harmless Aloha Diners Club. and ADC and its business associates and partners, staff, employees, subsidiaries and affiliates, from any liability, loss, claim, cost and/or expense, including reasonable attorneys' fees and expenses thereof related, as related to either your violation of these Terms of Use or your use of the site.

No Representation or Warranty

While ADC will use reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and ADC does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this site.

THIS SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM ADC THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITATION, ADC DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, AND ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS ACCESSED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.

PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL Aloha Diners Club. OR ADC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF ADC OR ITS BUSINESS ASSOCIATES, PARTNERS, EMPLOYEES, STAFF, REPRESENTATIVES, DIRECTORS, SUBSIDIARIES OR AFFILIATES, IF ANY, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

IN NO EVENT SHALL THE ALOHA DINERS CLUB'S TOTAL LIABILITY TO YOU FOR ANY OR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR TWENTY DOLLARS ($20) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY ADC SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Governing Law Limitations

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of the State of Hawaii, in the United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of, or directly, or indirectly, relating to these Terms of Use, or this site, shall be filed only in the federal or state courts sitting in Hawaii. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

United Sates and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You agree to abide by these laws and regulations as applicable, and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from this Site, to or from any countries or foreign nations in violation of such laws or regulations.

Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use, and shall not affect the validity and enforceability of any remaining provisions, until corrected.

These Terms of Use constitute the only terms between ADC and you. These Terms of Use supercede any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, goods and/or services provided by or through the site, and the subject matter of these Terms of Use. To the extent that anything in or associated with the site is in conflict or inconsistent with these Terms of Use, the Terms of Use shall take precedence. The failure of ADC to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision, nor of its right to enforce such provision.

 
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We've decided to visit all of the businesses in the Aloha Diners Club this year. There are over 145 so it'll be interesting to see the experiences "JD"  has.
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