It is the end user's responsibility to read and understand the 999dine.com Terms and Conditions set forth below. We suggest to you that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any changes.

Terms and Conditions

999dine.com reserves the right to terminate or to change these Terms and Conditions, regulations, or benefits of participation, in whole or in part, at any time with or without notice. 999dine may also withdraw, limit, modify or cancel the number of Restaurants or Dining Certificates available. 999dine will have final decision should any disputes over Restaurants or Dining Certificates arise.

"999dine.com" provides an online Real-time Gift Certificate service operated by 999dine.com, Inc. on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities provided by 999dine.com, Inc.

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service that are beyond the control of 999dine.com, and 999dine.com shall not be responsible for any lost data while transmitting information on the Internet. 999dine.com administers routine maintenance and access may be interrupted or terminated from time to time. 999dine.com has the right to change or discontinue any information on the site at any time.

Terms

999dine.com has the right to modify or change and of the Terms or use as we deem necessary without previous notification to you. Such changes may include content, fees, and any usage criteria. End user agrees when using this site that 999dine.com is not responsible for any changes to the Terms or use that the End user may or may not be aware of.

Equipment

999dine.com is not responsible for any problems or harm to End users equipment from resulting from the use of this site.

End User

This site and any sub-sites are private property of 999dine.com. The use of any of the information within the site or any of the sub-sites may not be used outside of the use of 999dine.com. Should the End User use any of the information in the site or any sub-sites without written permission from 999dine.com, the End User shall be held responsible for any legal action, including attorney fees, which may transpire. 999dine.com encourages interaction when using the site providing that any usage is not unlawful. 999dine.com prohibits any information to be copied or uploaded to the site or any of our sub-sites.

Trademarks

End user acknowledges that all rights in the Trademark and any trademarks associated with the 999dine.com (i.e., trademarks, service marks, slogans, logos, designs, and other similar means of distinction), including all goodwill pertaining thereto, shall be the sole property of 999dine.com. End User may not use or display such trademarks for any purpose unless authorized by 999dine.com. 999dine.com reserves the right to add to, change, or discontinue the use of any trademark, on a selective or general basis, at any time.

Limitations of Liability

END USER AGREES THAT USE OF THIS SITE AND THE SUB-SITES IS AT END USER'S SOLE RISK. NEITHER 999DINE.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THE SUB-SITES.

THIS SITE AND THE SUBSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT 999DINE.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCTS OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.

IN NO EVENT SHALL 999DINE.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS HEREOF, INCLUDING THE SUB-SITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE AND THE SUB-SITES.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER 999DINE.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE SUB-SITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

Indemnification

End user shall indemnify and hold 999dine harmless from and against any and all costs (including attorney fees), liability or harm suffered by 999dine as a direct or indirect result of End user’s breach of any of the terms of this Agreement. These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico.