Use of www.oneclickdiner.com and restaurant OCD’s online menus as well as any other sites owned or operated by One Click Dining, LLC (the “Sites”) is governed by the policies, terms and conditions set forth below. Please read them carefully. If you visit, shop or place an order on any of our Sites, you accept these terms and conditions.

Copyright and Trademark Notice:
Unless otherwise specified, all materials appearing on the Sites, as well as the selection, assembly and arrangement of such materials, are the sole property of One Click Dining, LLC (“OCD”) and/or its merchants, sponsors or licensors and are protected by United States and international copyright laws. You are hereby granted a non-exclusive license to view, create an account, place orders and print your orders from the Sites (the “Content”) for your personal use only. Except as expressly provided herein, all rights to the Content and the Sites are reserved.

Terms with Respect to Orders:

Age. You agree that you are at least 18 years of age to use this site.

Ordering. All orders of products and services through the Sites are subject to approval and acceptance by the applicable merchant of such goods, as well as approval by the merchant services provider.  Acknowledgment of an order by the Sites does not by itself constitute acceptance of the order .

Changes. You may not cancel an order after the applicable merchant has accepted the order.  You are given an opportunity to change or remove the items from your order before it is transmitted.

 Duplicate Orders. Each Site is designed to give you opportunities to review, change and confirm orders before they are finalized.  You will not be able duplicate an order from this order process, unless intended by you, the customer.  NOTE:  You will be responsible for the price of any duplicate orders, or duplicated items unless the applicable merchant agrees otherwise .

Pricing. The price for goods ordered through the Sites shall be as posted on the applicable restaurant Site. OCD and associated restaurants reserve the right to change prices or specifications from time to time, without notice.  OCD and associated restaurants also reserves the right to correct errors in prices or specifications at any time.  Neither OCD nor any of its associated restaurants have any obligation to accept or fulfill any orders based on erroneous prices or specifications, and we reserve the right to revoke acceptance of any such orders.

Taxes and Delivery Charges. Unless otherwise stated on the applicable Site, prices shown on the Sites do not include sales or other taxes or delivery charges. Any applicable taxes and delivery charges are added to the guest check during the order process.

NOTE: The customer is not required to add a tip on the guest check.

Payment. All payments for goods ordered through the Sites, must be made by a valid credit card on the Site, prior to order acceptance.

Delivery Times. Delivery times are approximate, so please allow 45 minutes from the time the order is placed.  Weather conditions, time of day or restaurant volume may delay the delivery times.

Limited Warranty:
You expressly agree that your use of the Sites is at your own risk.  OCD does not warrant that your use of the Sites will be uninterrupted or error-free; nor does it make any warranty as to the accuracy, reliability or currency of any information or Content available on or through the Sites.

THE SITES AND THE CONTENT THEREOF ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

All goods offered for sale on and/or through the Sites are offered by, and sales will be made directly by, OCD merchants. You agree to look solely to the merchant of those goods with respect to any and all claims concerning such goods. OCD DOES NOT MAKE ANY WARRANTIES OF ANY KIND, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE GOODS OFFERED FOR SALE ON AND/OR THROUGH THE SITES.

IF OCD CANNOT LAWFULLY DISCLAIM ANY OF THE WARRANTIES DISCLAIMED ABOVE, ALL SUCH WARRANTIES ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW DISCLAIMER OF IMPLIED WARRANTIES AND/OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL OCD OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES DIRECTLY OR INDIRECTLY RELATING TO GOODS ORDERED OR OBTAINED FROM THE SITES, EVEN IF OCD WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Export:
The U.S. export control laws regulate the export and re-export of goods, services and technology originating in the United States. You agree not to transfer, by electronic transmission or otherwise, any Content derived from the Sites to either a foreign national or a foreign destination in violation of such laws.  OCD makes no representation that the Sites or the Content are appropriate or available for use in locations outside the U.S., and accessing them from territories where such access is illegal is prohibited.

Online Conduct:
You agree to use the Sites only for lawful purposes. All users are prohibited from posting on or transmitting through the Sites any unlawful, harmful, threatening, abusive, defamatory, obscene or otherwise objectionable material of any kind. OCD reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law or of these Terms and Conditions. OCD may elect to electronically monitor the user-submit areas of the Sites and may disclose any Content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the Sites; or (iii) to protect the rights or property of OCD, its users, merchants, sponsors or licensors.

Notwithstanding the foregoing, OCD is not responsible for screening, policing, editing or monitoring the Content. Neither OCD, its affiliates, nor any of their respective merchants, sponsors or licensors shall be liable for any action or inaction with respect to conduct, communication or Content on the Sites.

Violations; Indemnification:
OCD may terminate your access to or use of the Sites, without notice, for any conduct that OCD, in its sole discretion, believes is in violation of any applicable law or these Terms and Conditions, or is harmful to the interests of any third party. You agree, at your own expense, to indemnify, defend and hold harmless OCD, its affiliates and their respective officers, managers, members, employees, agents, merchants, sponsors and licensors from and against any and all claims which may be asserted against such parties, and all damages incurred by them, as a result of your use of the Sites and/or any violation of these Terms and Conditions.

Choice of Law and Forum:
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without regard to its rules regarding conflicts of law. You expressly agree that the state and federal courts located in the California shall have exclusive jurisdiction over all claims arising out of these Terms and Conditions and your use of the Sites, and you irrevocably submit to the personal jurisdiction of such courts.

Severability:
If any provision of these Terms and Conditions is held to be illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the remaining portions or provisions will not be affected, but will continue in full force and effect.

Entire Agreement:
This Agreement represents the entire understanding between you and OCD regarding your use of the Sites and supersedes any prior statement or representations.

Amendment:
OCD may modify these Terms and Conditions from time to time in its sole discretion, without notice to you. Your right to access the Sites is conditioned on an ongoing basis with your compliance with the then-current version of these Terms and Conditions. Your continued access and/or use of the Sites after revision or modification of these Terms and Conditions shall constitute acceptance by you of all such revisions and modifications.

OCD DISCLAIMER
All company information and associated logos are identified with OCD, LLC. as being the copyright of the respective company and you should obtain their consent prior to using any of their copyright material.

OCD, LLC. cannot guarantee that all of the material purported to be the copyright of listed companies are in fact their copyright. In the event that you believe that any material appearing on these pages is the copyright of someone other than who it purports to belong to, then please contact us at customerservice@1-clk.com.

OCD, LLC. shall not be responsible for any action or liability as a result of any breach of copyright or other misrepresentations appearing on these pages. All trademarks appearing on these sites are the trademarks of their respective owners.

In no event shall OCD, LLC., it's owners, employees, or related companies (collectively, "OCD, LLC.") be liable for any direct, incidental, consequential, indirect or punitive damages arising out of our user's inability to use our web site, any errors or omissions on our web site, or products and services ordered.

Reference herein to any specific commercial products, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by OCD, LLC.. The appearance of external hyperlinks does not constitute endorsement by OCD, LLC. for the linked web sites, or the information, products or services contained therein. We are not responsible or liable for any actions taken by users of this web site as a result of viewing material placed herein by independent businesses/third parties, nor do we state that information provided by these businesses is correct.

OCD, LLC. is not responsible for the accuracy of the content of this web site, nor for the correctness of values in a changing market, nor for any economic loss which may be encountered with regard to the use of this material.

OCD, LLC. does not knowingly accept promotional material from businesses or individuals who sell, promote, or advertise materials of an adult or pornographic nature, or materials that may otherwise be considered objectionable.

OCD, LLC. is not responsible for the accuracy of the content of any advertisements contained within this web site, nor for the actions of the advertisers using this web site.

Advertisers are responsible for ensuring that material submitted for inclusion on OCD.com complies with all relevant international and national law. OCD, LLC. is not responsible for advertisers' claims, omissions or inaccuracies, and reserves the right to omit, suspend or change the position of any advertising material.

In no event shall OCD, LLC. be liable for any damages whatsoever, including, without limitation, costs of procurement of substitute goods or services, lost profits, lost data, or any direct, indirect, special, punitive, incidental, exemplary or consequential damages related to the use, inability to use, performance or non-performance of the information or merchandise that appears on, or is linked or related in any way to, OCD.com, even if OCD, LLC. has been advised previously of the possibility of such damages.

These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

OCD, LLC. does not imply nor guarantee you success of any type through use of this site.

OCD, LLC. shall have no liability for any interruption or delay in access to its site.

OCD, LLC. cannot be responsible for errors in typography.

USE OF THIS WEB SITE AND ANY OF THE MATERIAL IT CONTAINS IS YOUR AGREEMENT TO THE ACCEPTANCE OF THESE TERMS.