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DiningCertificates.com Restaurant Members
agree to display the DiningCertificates.com "sticker"
prominently in their Dining Establishment (such as on
the front window or door). All DiningCertificates.com
restaurant members must accept all valid Dining Certificates
as payment for meals purchased at their establishments.
Diners are not required to produce the Dining Certificate
until after the bill for the meal is issued, although
they can choose to provide the server with their Dining
Certificate before ordering. Member restaurants are responsible
for understanding and checking the security features on
the Dining Certificates (e.g. watermark, microprinting,
and verification code) to validate authenticity.
Membership in DiningCertificates.com is a yearly membership,
which automatically self renews (upon the anniversary
of the day that the membership is initiated). DiningCertificates.com
restaurant members must accept valid Dining Certificates
at their restaurants and should redeem the certificates
by mailing, faxing, or E-mailing them to DiningCertificates.com
within 10 days of the date of redemption. DiningCertificates.com
will issue a reimbursement payment to restaurant members
equal to 80% of the sale value of any valid dining certificates
that are properly submitted to DiningCertificates.com
for payment (within 30 days). The sale value for the
Certificate
is the sale value advertised on the web site at the time
when the customer purchased the certificate. Sale value
does not include shipping and handling costs which are
billed to the
customer by DiningCertificates.com. Restaurant members
who opt to participate in DiningCertificates.com's discount
promotions will receive 80% of the discount sale price
for certificates sold.
Members must check the Dining Certificates to make sure
they have not expired (certificates are valid up to one
year after the issue date shown on the certificate). DiningCertificates
must be sent (by fax, E-mail, or mail) for receipt by
DiningCertificates.com within 10 days of the expiration
date (and within 10 days of the date the customer used
the certificate). *See the note below for exceptions related
to gift certificate expiration dates.
The on-line information about member restaurants must
be as accurate as possible, (not including false or fraudulent
claims in terms of a member restaurant's offerings or
services). DiningCertificates.com reserves the right to
edit or reject "write-ups" provided by restaurant applicants
to eliminate subjective claims (such as "the best restaurant
in the area"). DiningCertificates.com also reserves the
right to edit restaurant writeups for accuracy, editorial
style, and grammar. All DiningCertificates.com restaurant
member applications are screened to ensure that: (1) The
applicant restaurant is of a high quality (in terms of
service, reputation, and cuisine); (2) The restaurant
is "unique" in character or cuisine served. DiningCertificates.com
LLC reserves to the right to deny membership to restaurants
which do not meet the high level of quality standards
deemed appropriate by our management.
Member restaurants agree to indemnify and hold DiningCertificates.com
LLC harmless against any and all losses, claims, damages
or liabilities to which DiningCertificates.com may become
subject and to reimburse DiningCertificates.com LLC for
any reasonable legal or other expenses incurred in connection
with the defense of any actions relating to the listing
of your restaurant on the DiningCertificates.com site
or the legal sale of DiningCertificates.com gift certificates
(for use at member restaurants) to consumers, businesses,
or institutions for use at your restaurant.
Cancellation: The membership may be canceled at any time
by a restaurant member, with 30 days notice. All cancellations
must be in writing and signed by either an owner or qualified
executive at the member restaurant. All cancellations
will be verified by phone. The annual membership fee is
non-refundable. Members who cancel their service must
still accept all valid DiningCertificates.com gift certificates
that were issued within 30 days of the restaurant members'
cancellation date.
Dining Certificates are valid for one
year from the date issued (printed on certificate), except
in the state of California or where otherwise prohibited
by law. Dining Certificates are valid towards purchase
price of meals and beverages and are not valid for use
towards gratuity. No cash back on DiningCertificates.
*As noted under California Law, restaurants
issuing gift certificates (directly or through affiliates)
must accept the certificate even after any posted expiration
date if that certificate was issued after January 1997.
As per California Civil Code Section 1749.5(d)(3); California
Attorney General Opinion No. 00-701 (October 23, 2000).
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