Terms and Conditions
Access to this site, www.BestGermanRestaurant.com (the “Site” or the "website"), is granted by ROI Marketing Systems d/b/a GermanDeli.com (“ROI Marketing Services, Inc.”), subject to the following terms and conditions.
1. Copyrights. All Site design, text, graphics, pictures, the selection and arrangement thereof, and all software (collectively, “Copyrighted Material”) are owned exclusively by ROI Marketing Services, Inc. In some cases pictures, text, graphics, and other copyrighted materials have been supplied to ROI Marketing Services, Inc. by the owners or assigns of participating Restaurants and/or Sponsors for use exclusively on this website. ROI Marketing Services, Inc. grants the viewer revocable license to view, electronically copy and print portions of the Site for the sole purpose of using the Site as an informational resource and/or as a method to register the user's opinion about a restaurant. Any other use of materials on the Site, including reproduction, modification, distribution, or republication, without the prior written permission of ROI Marketing Services, Inc., is strictly prohibited.
2. Trademarks. All titles, graphics and icons on the Site (collectively, the “Trademarks”) are owned exclusively by ROI Marketing Services, Inc. or by participating Restaurants and/or Sponsors. All unauthorized use of the Trademarks is strictly prohibited. All copying or imitation of the design and layout of the Site is strictly prohibited. All other trademarks, product names and company names or logos herein are the property of their respective owners.
3. Use. You may only access and use the Site for your own non-commercial, informational, and personal use. You are strictly prohibited from making any public or commercial use of the material contained on the Site, including without limitation all Copyrighted Material, Trademarks, and information, without the written permission of ROI Marketing Services, Inc.
4. Restaurant Information. Although ROI Marketing Services, Inc. has attempted to provide accurate information on the Site as a service to its users, ROI Marketing Services, Inc. makes no representation as to the accuracy, appropriateness, legality, ownership or other aspects of any Restaurant information.
5. Links to Other Sites. As a convenience to ROI Marketing Services, Inc. users, the Site may contain links to web sites maintained by third parties. These web sites are not under the control of ROI Marketing Services, Inc., and ROI Marketing Services, Inc. is not responsible for any material on, or privacy practices of, such web sites.
6. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED "AS IS," AND ROI MARKETING SERVICES, INC. AND ITS SUPPLIERS AND/OR COSPONSORS EXPRESSLY DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MER CHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. ROI MARKETING SERVICES, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT, AND INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. No warranty is given that access to any information=2 0or materials on the Site, or this Site as a whole, will be provided uninterrupted or free from errors or that any identified defect will be corrected. Further, no warranty is given that the Site or any information or materials are free from any virus or other malicious, destructive or corrupting code, agent, program, or macros. ROI Marketing Services, Inc. may change the programs or products mentioned at any time without notice. Mention of non-ROI Marketing Services, Inc. products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
7. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY LAW, ROI MARKETING SERVICES, INC. EXCLUDES FOR ITSELF AND ITS SUPPLIERS AND ITS SPONSORS OR COSPONSORS AND ANY PARTICIPATING RESTAURANT ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SITE AND THE MATERIALS ACCESSIBLE ON OR FROM THE SITE, EVEN IF ROI MARKETING SERVICES, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Notice to Consumers. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages or the limitation of liability for personal injury, so the above limitations and exclusions may be limited in their application to you.
9. Applicable Laws. Export of any material from the ROI Marketing Services, Inc. Site outside of the United States is subject to all U.S. export control laws and you agree to abide by such laws. ANY CLAIMS RELATING TO THE MATERIALS OR THE SITE WILL BE GOVERNED BY TEXAS LAW, EXCLUDING ITS CONFLICTS OF LAW PRINCIPLES. YOU AGREE THAT ANY DISPUTE WITH ROI MARKETING SERVICES, INC. ARISING OUT OF YOUR USE OF THE SITE WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SITUATED IN THE STATE OF TEXAS, AND YOU HEREBY AGREE THAT SUCH VENUE IS APPROPRIATE.
10. Revisions to Terms and Conditions. ROI Marketing Services, Inc. may revise these Terms and Conditions at any time. Revisions will be posted on this page and users are responsible for reviewing the page from time to time to ensure compliance. If ROI Marketing Services, Inc. makes a request to you to stop using and/or to promptly return or destroy any copies of the materials displayed on the Site, you will comply immediately with this request and will confirm in writing to ROI Marketing Services, Inc. within ten (10) days that you have done so.