Terms of Service

The gist of it...

We (the folks at LetsDineOnline) have created and now run a Restaurant Reservation System & Pager-Free Waitlist System and we would love for you to use it... or at least give it a try. Our service is paid monthly or annually (you decide) but with a 7-Day Free Trial available to you when you sign up. Our service is designed to make Reservations and Waitlist entries for you and for your customers as simple as possible. However, we'll get a few stipulations, rules and various legal things out of the way so that your use of our Products & Services is as easy as possible... for both of us.

To make things easier from this point on, we will refer to LetsDineOnline as "LDO", the actual account you hold with us will be referred to as the "LDO Account" and we will refer to the Reservations and/or Waitlist subscriptions or subscription plans you're using or intend to use as "LDO Products & Services". You, our customer, will be referred to as "You" and/or "Your". We may, at various times in this document, fall back to specific terminology, if needed, for additional clarification.

The Terms

The following terms and conditions govern all use of the LDO website and all content, services and products available at or through the website. The Website is owned and operated by LetsDineOnline LLC. The Website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the LetsDineOnline Privacy Policy) and procedures that may be published from time to time on this Site by LetsDineOnline (collectively, the "Agreement").

Click Here to view the LDO Privacy Policy

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website or service, You agree to become bound by the terms and conditions of this agreement. If You do not agree to all the terms and conditions of this agreement, then You may not access the Website or use any services. If these terms and conditions are considered an offer by LDO, acceptance is expressly limited to these terms.

Liabilities

Your LDO Account and Site. You must immediately notify LDO of any unauthorized uses of Your account or any other breaches of security. LDO will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. It is the responsibility of You, the Administrator (the account holder) of Your LDO Account and Your LDO Products & Services to insure that unauthorized access or any activities of a malicious nature from authorized or unauthorized users within or outside of Your organization are prevented.

Without limiting any of those representations or warranties, LDO has the right (though not the obligation) to, in LDO's sole discretion (i) refuse or remove any content that, in LDOs' reasonable opinion, violates any LDO policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in LDOs' sole discretion. LDO will have no obligation to provide a refund of any amounts previously paid.

Payments and Renewals

General Terms. LDO Products & Services available on the LDO Website. By selecting a subscription plan, You agree to pay LDO the monthly or annual subscription fees indicated for those LDO Products & Services on the established payment dates. Payments will commence on a pre-pay basis immediately following the 7-Day Trial period for a plan and will cover the use of those LDO Products & Services for a monthly or annual subscription period as indicated by the plan selected unless canceled before the 7-Day Trial period ends. All new customers will receive information via email and through the website itself clearly stating the time of day and the date on which the trial period will end. Subscription plan payments are not refundable.

In the event that a subscription plan payment cannot be automatically processed, we will immediately contact You via email using the email address You provided at time of sign up. It is Your responsibility to manually initiate a payment or to provide an alternate payment method. Delinquent subscription plan payments that exceed a status of 7 days past due from the initial due date will result in Your LDO Products & Services being placed into temporary suspension until payment is made. Delinquent subscription plan payments that exceed 21 days past due from the initial due date will result in Your LDO Products & Services being canceled.

Payment dates will remain the same as those established at the time of sign up for LDO Products & Services regardless of suspension of service, cancellation of service, or late payments.

Pricing. All prices are subject to change without notice and are not guaranteed in perpetuity. Price increases, if they occur, will be the result of a unsustainable increase in LDO operating costs due to outside, uncontrollable factors.

Automatic Renewal. Unless You notify LDO before the end of an applicable subscription period that You want to cancel a plan or suspend a plan, Your plan subscription will automatically renew and You authorize us to collect the then-applicable annual or monthly subscription fee for such LDO Products & Services using any credit card or other payment mechanism we have on record for You. LDO Products & Services can be canceled or suspended at any time in the account section of Your site's dashboard. LDO Products & Services will continue to be available until the end of the applicable subscription period regardless of when a cancellation or suspension occurs within the applicable subscription period. Subscription plan payments are not refundable.

Changing of Payment Plan. All LDO Customers may convert their Monthly Payment Plan to an Annual Payment Plan at any time during the applicable monthly subscription period. LDO Customers may convert their Annual Payment Plan to a Monthly Payment Plan only when the current applicable annual subscription period reaches its expiration date.

If, when converting from a Monthly Payment Plan to an Annual Payment Plan, You were currently in the middle of a paid monthly subscription period, the unused portion of that applicable month (if any) will be calculated and applied as a one-time credit to the new annual payment. The resulting applicable charges relating to changing a Monthly Payment Plan to an Annual Payment Plan will be processed within 24 hours of the Payment Plan change request using the payment method on file. This will establish a new payment date for your LDO Account. Your Annual Payment Plan will automatically renew one year after converting to an Annual Payment Plan and will continue to renew each year thereafter (unless canceled, deleted or suspended), at the regular, standard annual price for the applicable services you are currently subscribed to.

LetsDineOnline does not refund any unused portions of a subscription payment if a cancellation or suspension occurs in the middle of a current and active Monthly or Annual subscription period.

Overage Charges. At the time of Sign Up, LDO Products & Services are offered in "Tiers" with each tier offering a particular amount of Reservation or Waitlist (or both) entry allotments per month. This monthly allotment is enforced regardless of a monthly or annual subscription plan selection. LDO recognizes the difficulty in accurately predicting monthly usage. We encourage our customers to select a realistic plan/tier level that will cover the maximum possible monthly entries that will be needed or entered. LDO allows for the upgrading or downgrading of all LDO Products & Services subscription plans as well as the ability to purchase LDO Products & Services "Add-Ons", at time of sign up, which provides the opportunity to purchase additional monthly entry allotments to cover the possibility of overages in a given month.

If a plan limit is exceeded by less than 10% in any given month, and if that overage does not occur for 2 or more consecutive months, we will completely forgive the overage. Overage charges* ($0.10 per entry) will ONLY occur if the following conditions apply:

For accounts that continuously exceed "per month" tier allotments for waitlist and/or reservation system entries, it is strongly recommended that a supplemental add-on package be purchased to increase the entry allotment or that the account be upgraded to the next higher subscription tier level. Tier 3 subscriptions allow for unlimited entries per month. New account subscriptions have the option to add extra entries at time of sign up.

*NOTE:
For monthly pay plan accounts, overage charges, if and when they occur, will be added to the next scheduled monthly subscription charge following the overages.
For annual pay plan accounts, overage charges, if and when they occur, will be billed separately 15 days after the overages occur.

Agreement

Termination. LDO may terminate Your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If You wish to terminate, cancel or suspend this Agreement or Your LDO account (if You have one), You must do so from Your account page. Requests to terminate, cancel or suspend Your LDO Account can only be initiated through or from Your account page. Requests to terminate, cancel or suspend Your LDO Account will not be accepted through any other medium or communication method. Upon receipt of a request to terminate, cancel or suspend Your LDO Account through your account page, we will terminate, cancel, suspend, adjust or modify Your account and billing agreement based on the content of Your request. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modification. If You wish to modify, downgrade or upgrade Your LDO Products & Services (if You are subscribed), You must do so from Your Account Administration page. Requests to modify, downgrade or upgrade Your LDO Products & Services can only be initiated through or from Your Account Administration page. Requests to modify, downgrade or upgrade Your LDO Products & Services will not be accepted through any other medium or communication method. Upon receipt of a request to modify, downgrade or upgrade Your LDO Products & Services through your Account Administration page, we will adjust or modify Your LDO Account and billing agreement accordingly based on the content of Your request. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Payment Default. In the event that a subscription plan payment cannot be automatically processed, we will immediately contact You via email using the email address You provided at time of sign up. It is Your responsibility to manually initiate a payment or to provide an alternate payment method. Delinquent subscription plan payments that exceed 7 days past due from the initial due date will result in Your LDO Products & Services being placed into temporary suspension until payment is made. Delinquent subscription plan payments that exceed 21 days past due from the initial due date will result in Your LDO Products & Services being canceled.

Disclaimer of Warranties. The LDO Website and the LDO Products & Services available through and from the LDO Website are provided "as is". LDO and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither LDO nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that You download from, or otherwise obtain content or services through, the LDO Website and LDO Products & Services at Your own discretion and risk.

Limitation of Liability. In no event will LDO, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by You to LDO under this agreement during the twelve (12) month period prior to the cause of action. LDO shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. You represent and warrant that (i) Your use of the Website will be in strict accordance with the LDO Privacy Policy (Click Here to view the LDO Privacy Policy), with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. You agree to indemnify and hold harmless LDO, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of Your use of the LDO Website and LDO Products, including but not limited to Your violation of this Agreement.

Miscellaneous. This Agreement constitutes the entire agreement between LDO and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of LDO, or by the posting by LDO of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Minnesota, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Olmsted County, Minnesota. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Rochester, Minnesota, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign Your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; LDO may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


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