PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright: The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Holiday Drive-In, LLC. The collective work includes works that are licensed to Holiday Drive-In, LLC. Copyright 2015, Holiday Drive-In, LLC ALL RIGHTS RESERVED. Any use except for promotion, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Holiday Drive-In, LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks: All trademarks, service marks and trade names of Holiday Drive-In, LLC used in the site are trademarks or registered trademarks of Holiday Drive-In, LLC.
Warranty Disclaimer: This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Holiday Drive-In, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Holiday Drive-In, LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Holiday Drive-In, LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability: Holiday Drive-In, LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the services and products offered on this site, or the performance of the services and products.
Typographical Errors: In the event that a Holiday Drive-In, LLC product is mistakenly listed at an incorrect price, Holiday Drive-In, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Holiday Drive-In, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed.
Term; Termination: These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Holiday Drive-In, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice: Holiday Drive-In, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by any other reliable method to the address you have provided.
Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state of Indiana, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Holiday Drive-In, LLC products or services) shall be in the state or federal courts located in Spencer County, Indiana. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Holiday Drive-In, LLC products) must be commenced within one (1) year after the claim or cause of action arises. Holiday Drive-In, LLC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Holiday Drive-In, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site: Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Holiday Drive-In, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer: Holiday Drive-In, LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Holiday Drive-In, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Holiday Drive-In, LLC reserves the right to block or remove communications or materials that it determines 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 Holiday Drive-In LLC, in its sole discretion.
Indemnification: You agree to indemnify, defend, and hold harmless Holiday Drive-In, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links: In an attempt to provide increased value to our visitors, Holiday Drive-In LLC may link to sites operated by third parties. However, even if the third party is affiliated with Holiday Drive-In, LLC, Holiday Drive-In, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Holiday Drive-In, LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Holiday Drive-In, LLC seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
DRB rev. 10122015