Privacy Policy

Last Updated on: June 1, 2023

Restaurant Marketing Network is committed to protecting the privacy of visitors to our website, subscribers to our newsletters, and those providing contact information. In addition, Restaurant Marketing Network is opposed to unauthorized commercial email delivery, otherwise known as spam. Please read the following Privacy and Spam Policy to understand how your personal information is treated. From time to time, Restaurant Marketing Network may offer new information or services that may affect this policy. If you have any questions or concerns regarding this Privacy and Spam Policy, please send an email to [email protected]

The following privacy policy (“Privacy Policy”) sets forth Restaurant Marketing Network’s policy with respect to information, including personally identifiable data (“Personal Data”) and other information, Restaurant Marketing Network collects from visitors to the Restaurant Marketing Network website located at https://www.restaurantmarketingnetwork.com/ (the “Website”) and relevant product subdomains. Restaurant Marketing Network, the owner and operator of the Website, is a corporation formed under the laws of California, United States.

This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein.

WHAT INFORMATION DO WE COLLECT & HOW IS IT USED?
Information You Voluntarily Submit to the Website: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, register for access to the Website, or purchase products or services from the Website. Personal Data may include, but is not limited to, the below:

Your name and email address
Your website URL and name
Company name
Phone number
Billing information
Address

Our legal basis for processing this information is your consent, and by voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred and stored from your current location to the offices and servers of Restaurant Marketing Network and the authorized third parties referenced below.

Information We Collect from Others: We may receive information about you from other sources. For example, if you use third-party software through the site, they may transfer information to us for fulfillment. For more information about our use of third-party providers, please see below.

Automatically-Collected Information: We automatically collect certain information about you and the device with which you access Restaurant Marketing Network. For example, when you use Restaurant Marketing Network, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the website. We may also collect information about actions you take when using Restaurant Marketing Network, such as links clicked.

Cookies: We may log information using cookies, which are small data files stored on your browser by Restaurant Marketing Network. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the website. For more information about our use of cookies, please see below.

HOW YOUR PERSONAL INFORMATION MAY BE USED
Restaurant Marketing Network, and our subsidiaries and affiliates (the “Related Companies”), may use your personal information in the following ways:

To operate and maintain the website;
To create your account, identify you as a user of the website, and customize the website to your account;
To send you promotional information, such as newsletters. Each email newsletter will provide information on how to opt out of future mailings by unsubscribing;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
To track and measure website performance;
To process payment for purchases you make through Restaurant Marketing Network;
To protect, investigate, and deter unauthorized or illegal activity;
To review the effectiveness of our marketing programs and analyze other general demographic trends;
To notify you of new information or services that may be of interest to you; or,
To send promotional materials.

LEGAL BASES FOR PROCESSING DATA UNDER THE GENERAL DATA PROTECTION REGULATION (“GDPR”)
Below are the types of lawful basis that we will rely on to process your Personal Data:

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Data for our legitimate interests. We do not use your Personal Data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Complying with a legal or regulatory obligation means processing your Personal Data where it is necessary for compliance with a legal or regulatory obligation that we are subject.
Consent means where you have consented to a certain use of your Personal Data.

DOES RESTAURANT MARKETING NETWORK SHARE MY INFORMATION?
Restaurant Marketing Network will not share, rent, or sell your personally identifiable information with third parties. We may, however, share your information with third parties when we are authorized to share such information.

Parent Companies and Affiliates: We may share your information with a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), provided that we require our Affiliates to honor this Privacy Policy.

Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.

Third Parties with Permission: We may share your information with third parties to whom you ask us to send your information.

Agents, Consultants, and Related Third Parties: Restaurant Marketing Network, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases, and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Restaurant Marketing Network may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of Restaurant Marketing Network, (iii) act in urgent circumstances to protect the personal safety of users of the Website or the public, (iv) protect against legal liability including to resolve disputes, investigate problems, or enforce our Customer contracts.

Third-Party Vendors: Additionally, Restaurant Marketing Network may use third-party service providers to service various aspects of the website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policy. Restaurant Marketing Network currently uses the following third-party service providers:

Tracking: Restaurant Marketing Network uses various marketing tools that help us create a better user experience for people visiting our site. These tools allow us to look at aggregated data such as scrolling patterns and clicks, as well as allow us to run tests to determine which pages result in the best actions. However, your personally identifiable information is not used by any of these tools. We use the following third-party service providers for tracking:

Microsoft Clarity: Privacy policy, cookie information

Microsoft Clarity Opt-Out. Microsoft Clarity uses cookies and other technologies to collect data on our users’ behavior and their devices (in particular device’s IP address (captured and stored only in anonymized form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), preferred language used to display our website). Microsoft Clarity stores this information in a pseudonymized user profile. Neither Microsoft nor Restaurant Marketing Network will ever use this information to identify individual users or to match it with further data on an individual user. For further details, please see Microsoft’s privacy policy.

You can prevent Microsoft Clarity from gathering data on your page views by utilizing the system built by the Digital Advertising Alliance to enable opt-out experiences for customers. You can opt-out of Clarity telemetry by selecting Microsoft here. If you install the Protect My Choices app for your browser, you can ensure your opt-out preference is saved.

Google Analytics: Privacy Policy

Google Analytics Opt-Out. To provide website visitors the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on for the Google Analytics JavaScript (ga.js, analytics.js, dc.js). If you want to opt-out, download and install the add-on for your web browser. The Google Analytics opt-out add-on is designed to be compatible with Chrome, Internet Explorer 11, Safari, Firefox, and Opera. In order to function, the opt-out add-on must be able to load and execute properly on your browser. For Internet Explorer, 3rd-party cookies must be enabled. Learn more about the opt-out and how to properly install the browser add-on here.

Remarketing: Restaurant Marketing Network uses remarketing tracking cookies and conversion pixels from vendors such as Google and Facebook to present special offers to you for our products or services over the Google Content Network and via social networks. This means you may see an ad for one of our products or services as a result of visiting our website. In addition, Restaurant Marketing Network uses custom audiences based on emails and phone numbers of subscribers and customers. This allows us to present special offers for our products and services to you via Facebook and Google. However, your personally identifiable information is not used by any remarketing service other than to present you with special offers from us. We use the following third-party service providers for remarketing:

Facebook: Opt-out of Facebook remarketing here

Google: Opt-out of Google remarketing here

Newsletters:

Our newsletters contain tracking pixels. This pixel is embedded in emails and allows us to analyze the success of our newsletters. Because of these tracking pixels, we may see if and when you open an email, which links within the email you click, and the pages you visit on our website. This behavior is not passed to third parties. All data submitted at the time of subscription to our newsletter is stored on our servers.

Purchases: Restaurant Marketing Network uses Stripe,to service payments for our products and services. At no time is your banking information passed to the Website from any of the following third-party providers. We receive only information used for order fulfillment.

Stripe collects personal information such as your name, email address, zip code, and payment information. You may access Stripe’s Privacy Policy here. Upon making a purchase via Stripe, you will receive email confirmations to the email address you provide during your purchase. These emails are sent through various services as outlined below.

OTHER TYPES OF DATA
Non-Identifiable Data: When you interact with us through the Website, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. We may store such information or such information may be included in databases owned and maintained by our affiliates, agents, or service providers. The Website may use such information and pool it with other information to track, for example, the total number of visitors to our Website, the number of visitors to each page of our Website, and the domain names of our visitors Internet service providers. It is important to note that no Personal Data is available or used in this process.

Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Sites, Restaurant Marketing Network may conduct research on its customer demographics, interests, and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we may share this aggregate data with our affiliates, agents, and business partners. This aggregate information does not identify you personally. Restaurant Marketing Network may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.

PUBLICLY VISIBLE INFORMATION
If you create a user profile on Restaurant Marketing Network or the Social Media Marketing Society or leave a comment on Restaurant Marketing Network, certain information may be publicly visible.

COOKIES
Restaurant Marketing Network uses cookies to: store visitors’ preferences; record user-specific information on what pages users access or visit; ensure that visitors are not repeatedly sent the same banner ads; or customize our content based on visitors’ browser type or other information that the visitor sends. We also share information about your use of our Website with our social media, advertising, and analytics partners. This section explains what cookies are, how we use Cookies and similar technologies on our Website, and what you can do to manage how Cookies are used.

WHAT ARE COOKIES?
A cookie is a small text file that is sent to your computer or mobile device (referred to in this policy as a “device”) by the web server so that a website can remember some information about your browsing activity on the Website. The Cookie will collect information relating to your use of the Website, information about your device such as the device’s IP address and browser type, demographic data, and if you arrived at our Website via a link from a third-party site, the URL of the linking page.

In addition to Cookies, the Website may use web beacons. Web beacons allow us to count the number of users who have visited or accessed the Website and to recognize users by accessing our cookies. We may employ web beacons to facilitate Website administration and navigation, track the actions of users of the Website, compile aggregate statistics about Website usage and response rates, and provide an enhanced online experience for visitors to the Website. We may also include web beacons in HTML-formatted email messages that we send to determine which email messages were opened. A web beacon is often invisible because it is only 1 x 1 pixel in size with no color. A web beacon can also be known as a web bug, 1 by 1 GIF, invisible GIF, and tracker GIF.

WHAT ARE THE DIFFERENT TYPES OF COOKIES AND HOW DO WE USE THEM?
Essential: These are Cookies that are essential for the running of our Website. Without these Cookies, parts of our Website would not function. These Cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes.

Examples of how we may use essential Cookies include:

Setting unique identifiers for each unique visitor, so that website numbers can be analyzed.

Functional: These Cookies are used to remember your preferences on our Website and to provide enhanced, more personal features. The information collected by these Cookies is usually anonymized, so we cannot identify you personally. Functional Cookies do not track your internet usage or gather information that could be used for selling advertising.

Examples of how we may use functional Cookies include:

Gathering data about visits to our Website, including numbers of visitors and visits, length of time spent on the site, pages clicked on or where visitors have come from.
Eliminating the need for returning users to re-enter their login details.

Analytical Performance: Analytical performance Cookies are used to monitor the performance of our Sites, for example, to determine the number of page views and the number of unique users our Website has. We use this information to improve the user experience or identify areas of the Website which may require maintenance. The information is anonymous (i.e. it cannot be used to identify you and does not contain personal information such as your name and email address) and it is only used for statistical purposes.

Examples of how we may use analytical Cookies include:

Measuring users’ behavior
Analyze which pages are viewed, for how long, and which links are followed to better develop our Website.

Advertising: Behavioral advertising Cookies, which may be placed on your device by us or our trusted third-party service providers, remember that you have visited a website and use that information to provide you with advertising which is tailored to your interests. This is often called online behavioral advertising and is done by grouping together shared interests based on web browsing history. Your web browsing history can be used to infer things about you (e.g. your age, gender, etc.), and this information may also be used to make advertising on websites more relevant to you. Although behavioral advertising Cookies can track your activity around the internet, these Cookies cannot identify you personally, even if you are signed in to our Website.

Examples of how we may use advertising Cookies include:

Manage online advertising. Our approved advertising partners use Cookies together with web beacons to provide advertising to you and to enable us to manage our relationship with those advertisers by, for example, tracking how many unique users have seen a particular advertisement or followed a link in an advertisement.
To market to specific users across our Website and third-party sites, so that we and third parties can target advertising to users that will be more relevant to users’ interests.

Third-Party Cookies: You may notice on some pages of our Website that Cookies have been set that are not related to us. When you visit a page with content embedded from, for example, YouTube or Facebook, these third-party service providers may set their own Cookies on your device. We do not control the use of these third-party Cookies and cannot access them due to the way that Cookies work, as Cookies can only be accessed by the party who originally set them. Please check the third-party websites for more information about these Cookies.

HOW CAN YOU MANAGE OR OPT OUT OF COOKIES?
Cookies, including those which have already been set, can be deleted from your hard drive. You can also change the preferences/settings in your web browser to control Cookies. In some cases, you can choose to accept Cookies from the primary site, but block them from third parties. In others, you can block Cookies from specific advertisers, or clear out all Cookies. Deleting or blocking Cookies may reduce the functionality of the Website. To learn more about how to reject Cookies, visit www.allaboutcookies.org or go to the help menu within your internet browser. If you experience any problems having deleted Cookies, you should contact the supplier of your web browser.

Opting out of Analytical Performance Cookies

If you would like to opt out of Analytics Cookies, please do so by clicking on the links below:

Google Analytics: Opt-out Browser Add-on

Opting out of Behavioral Advertising Cookies

If you would like to disable “third party” Cookies generated by advertisers or providers of targeted advertising services, you can turn them off by going to the third party’s website and getting them to generate a one-time “no thanks” cookie that will stop any further Cookies being written to your machine. Here are links to the main third party advertising platforms we use, each of which has instructions on how to do this:

Google Advertising: Advertising Info and How to Manage
NAI: Consumer Opt-out

FURTHER INFORMATION AND CONTACT DETAILS

If you have any questions about or if you would like more information on the Cookies that we use and their purposes, please contact us

California Residents: Pursuant to the California Consumer Privacy Act of 2019 (“CCPA”), you have the right to request disclosure of our data collection and sales practices in connection with our data collection of your Personal Data. You may also request the categories of Personal Data we have collected, the source of the Personal Data, our use of the Personal Data, and if the Personal Data was disclosed or sold to third parties, including the categories of Personal Data sold or disclosed. You also have the right to request a copy of the Personal Data collected about you for the twelve (12) months prior to the date of your request. You have the right to request that we delete your Personal Data, with the exceptions noted above and those delineated in the CCPA. You have the right to request that we do not sell your Personal Data to any third parties. In the event you make such a request, we reserve the right to collect information from you to verify your identity and the right to request such information. All requests made pursuant to the CCPA shall be made to [email protected]. We will respond to all requests within forty-five (45) days of our receipt of the request, unless we inform you of our need for an extension to the request. We will not discriminate against you for exercising any of your rights under the CCPA.

SENSITIVE PERSONAL INFORMATION
Unless you choose to provide it to us, we do not collect sensitive personal information from you using the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy and Spam Policy.

SPAM POLICY
Restaurant Marketing Network is strongly opposed to spam. We will only send emails to users that have explicitly requested to receive an email from Restaurant Marketing Network. Examples may include:

Opt-in subscribers to the Restaurant Marketing Network Newsletter
Users that complete a contact form
All communication will be related and relevant to what you have requested.

WEB LINKS
Restaurant Marketing Network contains links to other sites. Please be aware that Restaurant Marketing Network is not responsible for the privacy practices or the content of such other sites. We encourage our users to be aware when they leave our site to read the privacy and spam policies of each and every website that collects personally identifiable information. This Privacy and Spam Policy applies solely to information collected by Restaurant Marketing Network.

EMAIL COMMUNICATIONS
If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send nonpublic personal information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.

OTHER TERMS AND CONDITIONS
Your access to and use of the Website may also be subject to any separate agreements or terms and conditions you have signed or agreed to with Restaurant Marketing Network. Please refer to those agreements as needed.

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

CHANGES TO RESTAURANT MARKETING NETWORK’S PRIVACY POLICY
The Website may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. At a minimum, we will update this Privacy Policy once per year. We reserve the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, especially before you provide any Personal Data. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Terms of Use

RESTAURANT MARKETING NETWORK® WEBSITE TERMS OF USE

READ THIS:

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between Restaurant Marketing Network, and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this Website.

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER RMN SOFTWARE, SERVICES, WEBSITES, OR ANY OF RMN LICENSEES’ SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

RMN RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN RMN’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE TERMS OF USE HYPERLINK LOCATED AT THE BOTTOM OF EVERY PAGE ON THIS WEBSITE.

No implication is made that the materials published on RMN’s website(s) are appropriate for use outside of the United States. If you access this website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Additionally, this website is published in english and we are not responsible for errors in translation.

ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If RMN believes the information you provide is not correct, current, or complete, RMN has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of RMN’s website(s), you warrant to RMN that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) download any content from this site (other than as provided by these terms) without the express prior written permission of an authorized representative of RMN. For purposes of these Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with RMN to prevent or remedy any unauthorized use. In addition, you may not use RMN’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

PERSONAL AND NON-COMMERCIAL USE LIMITATION

RMN’s website(s) are for your personal and non-commercial use, unless otherwise specified. You may not use this site for any other purpose, including any commercial purpose, without RMN’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to RMN’s website(s), unless expressly permitted by these terms.

PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by RMN (the “Content”) is the proprietary information of RMN or the party that provided or licensed the Content to RMN whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of RMN, except that you may print out a copy of the Content solely for your personal use, and you may re-post a single image and up to one hundred (100) words of text from any article if such posting provides a right of attribution to Restaurant Marketing Network, and promotes the article on other websites, including social media sites. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms of Use violates RMN’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

From time to time, the website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of RMN’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the website.

LINKS TO THIRD-PARTY WEBSITES

This site may link to other sites which are not maintained by, or related to, RMN. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or RMN. RMN has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and RMN makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this site. You expressly hold RMN harmless from any and all liability related to your use of a third-party website. RMN provides links as a convenience, and the inclusion of any link to a third-party site does not imply endorsement by RMN of that site or any association with its operators.

USE OF COMMUNICATION SERVICES

RMN’s websites may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using RMN’s Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
Advocates illegal activity or discusses an intent to commit an illegal act;
Is vulgar, obscene, pornographic, or indecent;
Does not pertain directly to this site;
Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
Violates any law or may be considered to violate any law;
Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
Solicits funds, advertisers or sponsors;
Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
Includes MP3 format files;
Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or
Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

RMN reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. RMN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. RMN also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither RMN nor any third party that provides Content to RMN will assume or have any liability for any action or inaction by RMN or such third party with respect to any submission. RMN cautions you against giving out any personally identifying information about yourself in any Communication Service. RMN does not control or endorse the content, messages or information found in any Communication Service and, consequently, RMN specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized RMN spokespersons, and their views do not necessarily reflect those of RMN.

SUBMISSIONS

Unless you and RMN enter into a separate written contract for use of your Content that states otherwise, you hereby grant to RMN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to RMN through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. RMN will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future RMN operations.

RMN will treat any personal information that you submit through this site in accordance with its Privacy Policy

https://www.restaurantmarketingnetwork.com/privacy/

DISCLAIMER

RMN has made every effort to ensure that all information on the website has been tested for accuracy. RMN make no guarantees regarding the results that you will see from using the information provided on the website.

The website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the website. RMN makes no representations, warranties, or guarantees. You understand that results may vary from person to person. RMN assumes no responsibility for errors or omissions that may appear on the website.

You understand that RMN cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. The website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. RMN does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by RMN.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. RMN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. RMN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RMN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND RMN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT RMN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RMN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and RMN does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer accurate or complete.

LIMITATION ON LIABILITY

RMN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF RMN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TERMINATION OR RESTRICTION OF ACCESS

RMN reserves the right, in its sole discretion, to terminate your access to any or all of RMN’s websites and the related services or any portion thereof at any time, without notice.

INDEMNITY

You will indemnify and hold RMN, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation RESTAURANT MARKETING NETWORK® and/or its distinctive logo. All other content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of RMN, and may not be copied, imitated or used, in whole or in part, without the prior written permission of RMN. From time to time, the website will legally utilize intellectual property owned by third parties related to our services. The rights in any third party trademarks or copyrighted works on this Website are retained by their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you. Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of RMN. The misuse of the Trademark or Copyrighted works displayed in this site, or any other content on the site, is strictly prohibited and may expose you to liability.

COPYRIGHT INFRINGEMENT

Notice and Takedown Procedure

RMN expeditiously responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide RMN’s Designated Agent (listed below) with a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, RMN will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that a notice must contain all six points for RMN to take action. All other notices will be ignored.

Counter-Notification Procedure

The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter-notification with RMN please provide RMN’s Designated Agent (listed above) with the following information (preferably via email):

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
Your signature, in physical or electronic form.

Upon receipt of a counter-notification containing all six points, RMN will promptly provide the person who provided the original takedown notification with a copy of the counter-notification, and inform that person that RMN will replace the removed material or cease disabling access to it in 10 business days.

Finally, if RMN’s Designated Agent receives notification from the person who submitted the original takedown notification within 14 days of receipt of the counter-notification that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on its system, then RMN will once again remove the file from its system.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, RMN will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures.

It is RMN’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that RMN determines are reasonable under the circumstances.

SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). RMN will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that RMN considers insecure, RMN will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, RMN reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. RMN reserves the right to investigate suspected violations of these Terms of Use.

RMN reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction RMN to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS RMN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RMN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER RMN OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of California, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in California in connection with any dispute between you and RMN arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use will be in the state and federal courts in San Diego County, California.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and RMN as a result of this agreement or use of RMN’s websites.

These Terms of Use constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and RMN with respect to RMN’s websites.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The Terms of Use may not be assigned by you without our prior written consent, however, the Terms of Use may be assigned by us in our sole discretion.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

RMN may revise these Terms of Use at any time by updating this posting.