Terms and Conditions of Use – Boomerang Dining, LLC (dba the Virtual Concierge Network)

Last Updated: March 15, 2018

Terms and Conditions of Use

Boomerang Dining, LLC, a New Jersey limited liability company dba the Virtual Concierge Network (VCN), welcomes you to our website.  By using our website you agree to be bound by the Terms and Conditions of Use (as outlined in this document), our Privacy Policy and all disclaimers that may appear elsewhere on any VCN website.

The VCN reserves the right to make changes to our website and the Terms and Conditions of Use and Legal Notices at any time.  Each time you use a VCN website, you should visit and review the current Terms and Conditions of Use and Privacy Policy statements for our website.  If at any time, you are dissatisfied with the website, its content or Terms, and Conditions of Use, Privacy Policy, etc. you agree that your sole and exclusive remedy is to discontinue using the website.

Tampering with the website, misrepresenting the identity of a user, or conducting fraudulent activities on the website is prohibited.

Our Services and Method of Delivery

The VCN is an online information resource provided for people to use as a reference for viewing dining related information through our website(s).  Dining establishments may receive a customized webpage and a place in our database which is maintained online via our hosting company. Additional marketing services are available and would be provided via email and other internet-based services.

Conditional Use of Our Site and Services

By using our website you agree that you:

  • will comply with these Terms and Conditions of Use;
  • are 13 years of age or older;
  • will not copy or distribute any part of the VCN website information in any medium without VCN’s prior written authorization;
  • will provide accurate information when creating an account or registering for our current or future Services;
  • are solely responsible for your User ID and the activity that occurs while signed in to or while using the VCN website(s);
  • will not use the VCN to collect any personally identifiable information, including account names, email addresses, or other such information, for commercial purposes;
  • will not use the communication systems provided by or contacts made on the VCN website(s) for any commercial solicitation purposes;
  • are solely responsible for your Content submissions, including discussion posts, profile information and links, pictures, and other such content;
  • and hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with these Terms and Conditions of Use, remove any and/or all of your submissions, and terminate your account with or without prior notice.

Links to Third Party Sites

We don’t have control over restaurant websites that the VCN provides on our web pages.  The VCN website(s) contain links to third party websites that are not owned, operated, or controlled by the VCN and therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them.  Furthermore, we cannot and will not censor or edit the content of any third party website. By using the VCN website(s) you expressly relieve us from any and all liability arising from your use of any third party website.

Electronic Communications

Communications between you and the VCN primarily use electronic means, via use of our website or by sending us emails.  Other electronic communications include posting of notices on our website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from the VCN in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the VCN provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Indemnity

You agree to defend, indemnify and hold harmless the VCN, its parent company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the VCN; (ii) your violation of any term of these Terms and Conditions of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any Content submitted by you causes damage to a third party.

Disclaimers and Limitation of Liability

By using the VCN website(s), you expressly agree that use of the VCN website(s) is at your sole risk.  The VCN website(s) is provided on an “as is” and “as available” basis. The VCN does not warrant that information presented will be uninterrupted or error-free.  Since the information posted is obtained from outside sources, the VCN cannot warrant the accuracy, integrity or completeness of the content provided on our website(s).  No oral advice or written information given by the VCN shall create a warranty.

Under no circumstances shall the VCN be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use our VCN website(s), including but not limited to reliance by you on any information obtained from the VCN website(s) that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance.  The Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of the VCN has been advised of or should have the knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available directly or indirectly through the VCN website(s).

Errors on website(s)

Information displayed on the VCN website(s) originates from several sources.  Errors will be corrected where discovered in a timely manner once they have been verified.  The VCN always welcomes your feedback as a user to help highlight potential errors in information on the website.  A “Feedback” link has been provided for this purpose.

Refunds

The VCN will gladly refund your monthly payment if we are not able to meet the terms of our agreement.  A written request must be submitted within 7 days from the contract initiation or by the 7th of the corresponding month.  For subscription service paid annually, the VCN may refund the remainder of the subscription fee on a pro-rata basis if the request is submitted within 14 days from the contract initiation.

Termination of Use

The VCN reserves the right to change, suspend or discontinue all or any aspects of the VCN website(s) at any time without prior notice.

Thank you for using the VCN website(s) powered by Boomerang Dining, LLC.