Latest Revision: March 5, 2018
This Site is offered for general purposes and is not targeted towards children under the age of 13. By using this Site, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may use the Site only with the oversight of a parent or guardian. If you do not meet all of these requirements, you must not access or use the Site.
1. License of Use
Viewing this Site creates a copy of West E Diner materials in your computer’s random access memory and/or on your hard drive and/or on your proxy server (“Cache Copy”). You may download Cache Copies of Site Materials (as defined below) for the sole purpose of increasing the speed and efficiency at which you access the Site and may download material that is expressly made available on a download basis, if any. No other copy of any portion of the Site or Site Materials is authorized or otherwise permissible except as specifically permitted hereunder, and such unauthorized copy shall constitute an act of copyright infringement. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
As used herein, “Site Materials” refers to all materials and content available through the Site including without limitation human readable audio and/or visual elements of the Site, user generated content, user posted materials and, any other text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site.
Use of the Site and Site Materials and permission to download Cache Copies as outlined above are granted as a license, not a transfer of title, and are subject to the following restrictions:
- You may not modify, alter, or adapt the Site Materials, create derivative works based upon any Site Materials, or use them for any commercial purpose or any other distribution, public display, performance, sale, or rental.
- You may not decompile, reverse engineer, or disassemble software materials.
- You may not remove any copyright notice or other proprietary notices from the Site Materials.
- You may not transfer any of the Site Materials to another person.
- You agree to prevent any unauthorized copying of the Site Materials.
2. Prohibited Uses
- In any way that violates any applicable federal, state, or local law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the West E Diner or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site Material.
- Use any manual process to monitor or copy any of the Site Material or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
5. Copyrights and Trademarks
Nothing on this Site should be construed as granting any license or right to use any Trademarks displayed on the Site without the prior written consent of the Trademark’s owner. Fair use of West E Diner’s copyrights requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
West E Diner enforces its intellectual property to the fullest extent of the law. The name of West E Diner and any other West E Diner formative may not be used in any other way without prior written permission from West E Diner.
You may be required to create an account to access or use certain areas of the Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify West E Diner immediately of any unauthorized access or use of your account or password, or any other breach of security.
7. Content Posted by You
Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you grant West E Diner and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have fully responsibility for such content. West E Diner is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
8. Monitoring and Enforcement; Termination
West E Diner has the right to in its sole discretion to: (a) remove or refuse to post any User Content; (b) take any action with respect to any User Content that it deems necessary or appropriate; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS WEST E DINER AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. Links To and From Third Party Sites
West E Diner prohibits the use of any West E Diner copyrights and trademarks as part of a hyperlink to or from any website unless establishment of such a link is approved in advance by West E Diner in writing. This Site may contain links to websites owned or operated by parties other than West E Diner. Such links are provided for your reference only. West E Diner does not control outside websites and is not responsible in any manner for their content.
West E Diner’s inclusion of links to an outside website does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor. West E Diner’s inclusion of such links is not an authorization to make use of any trade name; trademark; logo; legal or official seal; copyrighted symbol; or material that may be reflected in the linked Site.
10. West E Diner Information
West E Diner may make employment information available through this Site. West E Diner is an equal opportunity employer. West E Diner provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability.
11. Disclaimer of Warranties and Limits of Liability
The information, material, services, and products included on this Site may include inaccuracies or typographical errors. West E Diner may make changes or improvements to this Site at any time.
You understand that through your use of the Site you may encounter content, including User Content that may or may not have been pre-screened by West E Diner, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site at your sole risk and that West E Diner shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
The materials on this Site are provided “as is” and without warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. West E Diner disclaims all warranties of merchantability and fitness for a particular purpose. West E Diner does not warrant that the Site or the functions contained in the material on the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that it resides on will be free of viruses or other harmful components. West E Diner does not warrant or make any representations regarding the use of the Site or the result of the use of the materials in this Site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. West E Diner will not have any liability or responsibility for your action or inaction in connection with this Site or for any damage to your computer or data or any other damage you may incur in connection with this Site. In no event shall West E Diner, its affiliates, or its agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site, the delay or inability to use this Site, or otherwise arising in connection with this Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such damages. Your use of this Site, including but not limited to the use of any interactive area, is at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
13. Jurisdiction and Venue
This Site is owned and operated by West E Diner, from the Commonwealth of Pennsylvania, United States of America. West E Diner makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Limitation on Time to File Claims
16. Contacting Us
800 Fifth St.
West Elizabeth, PA 15088
Although West E Diner will, in most circumstances, be able to receive your email or other information provided through this Site (including, without limitation, service requests or other submissions), West E Diner does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.