Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using our Services on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our Services after such modifications constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically to stay informed of any updates.

3. Using Our Services

3.1 Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this eligibility requirement. If you are using our Services on behalf of minors (e.g., making restaurant reservations for a family with children), you represent that you are the parent or legal guardian of such minors or have obtained permission from their parent or legal guardian.

3.2 Account Registration

Some features of our Services may require you to register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Prohibited Activities

When using our Services, you agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Use our Services for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any portion of our Services
• Interfere with or disrupt the integrity or performance of our Services
• Collect or harvest any information from our Services without our consent
• Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our Services

4. Reservations and Cancellations

4.1 Making Reservations

Our Services allow you to make reservations at our restaurant locations. By making a reservation, you agree to arrive at the designated time and notify us promptly if your plans change. We reserve the right to cancel reservations that we believe were made fraudulently or by unauthorized means.

4.2 Cancellation Policy

You may cancel reservations through our Services without penalty up to 2 hours before your reserved time. Cancellations made less than 2 hours before the reserved time, or failure to show up for your reservation, may result in restrictions on future reservations. For special events or large group reservations, different cancellation policies may apply, which will be communicated to you during the booking process.

5. Intellectual Property Rights

5.1 Ownership

Our Services and their contents, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and software, are owned by Kids & Family Dine or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our Services or their contents except for the limited license expressly set forth in these Terms.

5.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from our Services, except as expressly permitted by these Terms.

6. User Content

6.1 Responsibility for Content

You may have the opportunity to submit content to our Services, such as reviews, comments, and photos (collectively, "User Content"). You retain all rights in your User Content, but you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with our Services.

6.2 Content Guidelines

You are solely responsible for your User Content. You agree not to submit User Content that:

• Is false, misleading, or inaccurate
• Infringes upon any third party's intellectual property or other rights
• Is defamatory, obscene, pornographic, or offensive
• Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group
• Violates any applicable law, regulation, or these Terms

We reserve the right, but are not obligated, to monitor, edit, or remove any User Content at our sole discretion.

7. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information about you in connection with our Services. By using our Services, you consent to the collection, use, and disclosure of your information as set forth in our Privacy Policy.

8. Disclaimers and Limitations of Liability

8.1 Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KIDS & FAMILY DINE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kids & Family Dine, its affiliates, officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of these Terms or any activity related to your account (including negligent or wrongful conduct).

10. Termination

We reserve the right to terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use our Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or your use of our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

12. Miscellaneous

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kids & Family Dine regarding your use of our Services and supersede all prior agreements and understandings, whether written or oral.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

12.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Kids & Family Dine.