Disclaimer

TERMS AND CONDITIONS Last updated: March 09, 2025 These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.cenaforis.com website (the “Service”) operated by Cena Foris; Dinner Out (“us”, “we”, or “our”). Please read these Terms and Conditions carefully before using the Service. Your use of the Service is also subject to our Privacy Policy, available at [insert Privacy Policy URL], which details how we collect, use, and protect your personal information. Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service, regardless of location worldwide. By accessing or using the Service, you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms, in whole or in part, please do not use the Service. Subscriptions Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Cena Foris; Dinner Out cancels it. You may cancel your Subscription renewal through your online account management page. A valid payment method, including credit card or other internationally accepted methods, is required to process the payment for your Subscription. You shall provide Cena Foris; Dinner Out with accurate and complete billing information and a valid payment method. By submitting such payment information, you automatically authorize Cena Foris; Dinner Out to charge all Subscription fees incurred through your account to any such payment instruments in the currency specified at the time of purchase. We are not responsible for currency conversion fees or payment disputes arising from international transactions. Refunds Certain refund requests for Subscriptions may be considered by Cena Foris; Dinner Out on a case-by-case basis and granted at our sole discretion, subject to applicable local laws. Content Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness under the laws of your jurisdiction. By posting Content to the Service, you grant us a worldwide, non-exclusive, royalty-free right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post, or display on or through the Service, and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person under applicable local or international law. We reserve all rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, or other intellectual property right of another; or (d) offensive or otherwise unacceptable to us in our sole discretion, regardless of jurisdiction. You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Service, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Service. Accounts When you create an account with us, you must provide us with information that is accurate, complete, and current at all times, regardless of your location. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene under any applicable cultural or legal standard. Intellectual Property The Service and all contents, including but not limited to text, images, graphics, or code, are the property of Cena Foris; Dinner Out and are protected by U.S. and international copyright, trademarks, database, and other intellectual property rights. You may display and copy, download, or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark, and other laws globally. These Terms do not grant you a license to use any trademark of Cena Foris; Dinner Out or its affiliates. You further agree not to use, change, or delete any proprietary notices from materials downloaded from the Service. Links To Other Web Sites The Service may contain links to third-party websites or services that are not owned or controlled by Cena Foris; Dinner Out. Cena Foris; Dinner Out has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services, wherever located. You further acknowledge and agree that Cena Foris; Dinner Out shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Termination We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms, regardless of your location. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Indemnification You agree to indemnify, defend, and hold harmless Cena Foris; Dinner Out, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers, and agents, from and against any claims, losses, damages, obligations, costs, actions, or demands, wherever arising globally. These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person, or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means, under any applicable jurisdiction. Limitation Of Liability Cena Foris; Dinner Out, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential, or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose, regardless of where such claim arises globally. Limitation on Claims and Disputes To protect Cena Foris; Dinner Out from all opponents, including but not limited to competitors, litigants, or malicious actors worldwide, the following terms apply: Time Limit: Any claim or cause of action arising out of or related to the Service must be filed within one (1) year after the cause of action accrues, or it will be permanently barred, to the fullest extent permitted by applicable law. International Arbitration: Any dispute arising from or relating to these Terms or the Service, wherever you are located, shall be resolved exclusively through binding arbitration conducted in Texas, USA, under the rules of the American Arbitration Association (AAA), with English as the governing language. You waive any right to pursue class actions or jury trials. For international users, arbitration may be conducted remotely at our discretion. No Third-Party Liability: Cena Foris; Dinner Out is not liable for actions, claims, or damages caused by third parties, including competitors or users, attempting to interfere with the Service or your use of it, in any jurisdiction. Costs: If you initiate a claim or dispute against us and do not prevail, you agree to reimburse Cena Foris; Dinner Out for all reasonable legal fees and costs incurred in defending against such action, payable in U.S. dollars. Non-Disparagement You agree not to make any public statements, including but not limited to reviews, social media posts, or communications, that disparage, defame, or harm the reputation of Cena Foris; Dinner Out, its affiliates, or its Service, in any country or medium. This does not restrict your ability to provide truthful feedback directly to us. Violation of this clause may result in termination of your account and pursuit of legal remedies, including damages and injunctive relief, to the fullest extent permitted by applicable law. Cybersecurity and Data Protection Cena Foris; Dinner Out takes reasonable measures to protect your personal information, but we are not liable for any unauthorized access, disclosure, or loss of data due to cyberattacks, hacking, or security breaches beyond our reasonable control, wherever they occur. You agree to promptly notify us of any suspected security issues related to your account. We will comply with applicable data protection laws (e.g., GDPR for EU users, CCPA for California users, or Texas law), but our liability for breaches is limited to the minimum required by such laws. International users acknowledge that data may be stored or processed in the U.S. or other countries, subject to local regulations, as detailed in our Privacy Policy. Competitor Interference You agree not to, and will not assist others to, reverse-engineer, decompile, scrape, crawl, or otherwise extract data, code, or content from the Service for any purpose, including competitive analysis, replication, or commercial exploitation, in any jurisdiction. This includes using automated tools or manual processes to copy our menus, pricing, or proprietary features. Such actions are strictly prohibited and may result in immediate termination of access, legal action, and claims for damages (including injunctive relief and monetary compensation) under U.S. and international law to protect Cena Foris; Dinner Out’s global business interests. Force Majeure Cena Foris; Dinner Out shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, cyberattacks, labor disputes, government actions, or interruptions in third-party services (e.g., internet or power outages), occurring anywhere in the world. In such events, our obligations will be suspended for the duration of the circumstance, and we will not be responsible for any resulting losses or damages. Severability If any provision of these Terms is held invalid or unenforceable in any jurisdiction, that provision will be enforced to the maximum extent permissible under local law, and the remaining provisions will remain in full force and effect globally. This ensures the Terms remain operative worldwide despite varying legal standards. Region-Specific Disclaimers European Union (EU) Users: If you are in the EU, you may have additional rights under the General Data Protection Regulation (GDPR) and EU consumer laws that cannot be waived. We use cookies and similar technologies as described in our Privacy Policy; by using the Service, you consent to their use unless you opt out via the provided settings. California Users: If you are in California, you have rights under the California Consumer Privacy Act (CCPA), including the right to request data deletion, as outlined in our Privacy Policy. Australian Users: If you are in Australia, certain guarantees under the Australian Consumer Law may apply and cannot be excluded. Refunds or remedies may be available despite our general policy. Other Jurisdictions: Local laws may grant you additional rights; we will comply only to the extent required, with Texas law governing otherwise. Disclaimer And Non-Waiver of Rights Cena Foris; Dinner Out makes no guarantees, representations, or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms, and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as required by the laws of the State of Texas, the United States, or other applicable jurisdictions. In such cases, local law shall apply to the extent necessary. Cena Foris; Dinner Out, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location worldwide; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements. If you breach any of these Terms and Cena Foris; Dinner Out chooses not to immediately act, or chooses not to act at all, Cena Foris; Dinner Out will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms, in any jurisdiction. Cena Foris; Dinner Out does not waive any of its rights. Cena Foris; Dinner Out shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement. You may not assign, sub-license, or otherwise transfer any of your rights under these Terms without our prior written consent. Exclusions As set out above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Texas state laws, U.S. federal laws, or other applicable local laws may govern certain products and services provided. Governing Law These Terms shall be governed by, and interpreted and enforced in accordance with, the laws of the State of Texas and the laws of the United States, as applicable, except where local law mandatorily applies to international users. For clarity, Texas law governs to the fullest extent permitted, but we will comply with mandatory local laws where required (e.g., consumer protection in the EU or Australia). If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms, together with our Privacy Policy, constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service. Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect, via email or on the Service. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service. Contact Us If you have any questions about these Terms, please contact us at [email protected]