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Legalese
Our lawyers have told us we must get you to agree to these Terms and
Conditions if you are going to visit our Heart Of America Restaurants
& Inns site (HeartofAmericahotels.comsite). While sometimes lawyers seem
to want to take the fun out of things (and also be wordy while they
are doing it), we do agree with them on this one. So please understand,
if you use the HeartofAmericahotels.comsite or any of it's subsidiary sites, you
are agreeing to be bound by the following Terms and Conditions.
TERMS
AND CONDITIONS
The
Trademark Heart Of America Restaurants & Inns and it's subsidiary
sites that are used in HeartofAmericahotels.comand it's subsiiary sites is owned by
Heart of America Restaurants & Inns a wholly owned and used under
license by its affiliated companies (hereinafter, "Heart Of America
Restaurants & Inns"). You may not use the Trademark displayed
on this Site, or any other content on HeartofAmericahotels.comsite, except as provided
in these Terms and Conditions. Any other use is strictly prohibited
and Heart Of America Restaurants & Inns will take all necessary
action to enforce its rights.
You
should assume that everything you see or read on this HeartofAmericahotels.comsite
is copyrighted and may not be used except as provided in these Terms
and Conditions. You may download one copy of the contents of HeartofAmericahotels.comsite to one computer for your personal and non-commercial home use provided
you do not change any copyright, trademark, or other proprietary notice.
If you modify or use the materials for any other purpose, you will be
violating the intellectual property rights of Heart Of America Restaurants
& Inns which it vigorously protects.
HeartofAmericahotels.comsite provides you an opportunity to communicate with us. Please be aware
that any communication, whether it be suggestions, ideas, graphics,
or other material, to Heart Of America Restaurants & Inns through
HeartofAmericahotels.comsite or otherwise will be treated as non-confidential and
non-proprietary. Anything you submit, transmit, or post becomes the
property of Heart Of America Restaurants & Inns., or its affiliates
(The Machine Shed, Thunder Bay Grille, Johnny's Italian Steakhouse,
Gramma's Restaurant, The Checkered Flag Bar and Grille, and Wildwood
Lodge) and is free to use, without being limited thereto, any ideas,
concepts, suggestions, graphics, photography, or know-how contained
in any communication for any purpose whatsoever, whether commercial
or non-commercial, without payment of any compensation to you.
Heart
Of America Restaurants & Inns has used reasonable efforts to include
accurate and up-to-date information on HeartofAmericahotels.comsite; however, it makes
no warranties or representation as to the accuracy of its contents.
Heart Of America Restaurants & Inns does not assume any liability
or responsibility for any errors or omissions in the contents of HeartofAmericahotels.comsite.
This
Heart Of America Restaurants & Inns Site and all content, included
or available therein, are provided "As Is" and "As Available"
with all faults. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF
WHICH ARE DISCLAIMED). Heart Of America Restaurants & Inns does
not represent or warrant that your use of the Heart Of America Restaurants
& Inns Site will be uninterrupted, error free, secure, free of viruses
or other harmful components, or that any content is accurate or correct.
Your use of this Heart Of America Restaurants & Inns Site is solely
at your own risk. Because some jurisdictions do not permit the exclusions
of certain warranties some of these exclusions may not apply to you.
Under no circumstance shall Heart Of America Restaurants & Inns,
its subsidiaries, or affiliates and each of the foregoing directors,
officers, employees, agents, contractors, counsel, successors and assigns
be liable for any damages or injury whether direct, indirect, punitive,
incidental, special or consequential that results from the use of or
inability to use this Heart Of America Restaurants & Inns Site or
any portion thereof including, without being limited thereto, any offering
that may be made therein. This limitation of liability applies whether
the alleged liability is based on contract, tort, negligence, strict
liability, or any other basis, even if Heart Of America Restaurants
& Inns had been advised of the possibility of such liability. The
total liability of Heart Of America Restaurants & Inns to you for
all losses, damages and causes of action (in contract, tort, including
without limitation, negligence, or otherwise) will not be greater than
the amount you paid to access the Heart Of America Restaurants &
Inns Site. You may bring no claim against Heart Of America Restaurants
& Inns more than one (1) year after the action arose. Because some
jurisdictions do not allow the exclusion of incidental or consequential
damages the liability of Heart Of America Restaurants & Inns in
such jurisdiction shall be limited to the extent permit by the law thereunder.
Heart
Of America Restaurants & Inns makes no representation about any
other site that you may access through its Site and is not responsible
for the contents of any other site. Unless expressly stated, Heart Of
America Restaurants & Inns does not endorse any products or services
offered by any company or person linked to its Site. You may not create
a link to the Heart Of America Restaurants & Inns Site without first
obtaining its written permission.
You
are prohibited from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute or encourage
conduct that would be considered a criminal offense, give rise to civil
liability, or otherwise violate any laws. Heart Of America Restaurants
& Inns will fully cooperate with any law enforcement authorities
or court order requesting or directing it to disclose the identity of
anyone posting any such information or materials.
This
Site is controlled by HOARI from its offices within the United States
of America. Heart of America Restaurants & Inns makes no representation
that all of the contents of HeartofAmericahotels.comsite are appropriate or available
for use in other locations, and access to HeartofAmericahotels.comsite is prohibited
from locations where some or all of the content is illegal. If you choose
to access this site from other locations, you do so on your own initiative
and you are responsible for compliance with applicable local laws. You
may not use or export any contents of HeartofAmericahotels.comsite in violation of
U.S. export laws and regulations. Any claim relating to HeartofAmericahotels.comsite
content shall be governed by the internal substantive laws of the State
of Illinois without regard to its conflict of law principles. You agree
and hereby submit to the exclusive personal jurisdiction and venue of
the Federal and State Courts located in Scott County, IA USA.
Any
failure by Heart Of America Restaurants & Inns to enforce any of
its right under these Terms and Condition or under applicable law shall
not constitute a waiver of such rights. If any provision of the Terms
and Conditions shall be deemed unlawful by a Court of competent jurisdiction,
or for any reason unenforceable, then that provision shall be deemed
severed from these Terms and Conditions and shall not affect the validity
and enforceability of any remaining provisions hereunder. These terms
and conditions contain the entire agreement between you and Heart Of
America Restaurants & Inns relating to your use of the Heart Of
America Restaurants & Inns Web Site.
We
understand that your personal privacy is one of your biggest concerns
and we are committed to protecting it. At Heart Of America Restaurants
& Inns, it is our policy not to distribute, sell, rent or in any
way make available, your name, email address or any other personal information
to any third party without your permission. Further, participation in
site features such as newsletters, sweepstakes, recipe sharing, fresh
to your door, etc. is consent for communication from Heart Of America
Restaurants & Inns via email or postal mail, but not from third
parties.
Heart
Of America Restaurants & Inns may, at any time, revise these Terms
and Conditions by updating this posting. You are bound by any such revisions
and should therefore periodically visit this page to review the then
current Terms and Conditions.
ABOUT
THE LINKS CITED:
We will not assume any responsibility for the content of any of the
links we cite. You are surfing at your own risk and if you find anything
offensive or objectionable on other sites we link, please feel free
to blow up their email addys with a variety of complaints. We find
a link that interests us, we put it up. Someone gives us a link, we
give them a link. That is the extent of it. You should also feel free
to contact us, however, to make us aware that a website has seriously
objectionable material or propaganda on it, such as pornography, pro-drug
dialogue, anti-rave propaganda, shady sales tactics, etc. If your
objection checks out, we will remove the link as soon as possible.
PRIVACY
STATEMENT:
When we use an outside advertising company to display banners
on this site. The advertisements may use cookies. Cookies received
with banner ads are collected by the banner ad advertising company,
and we do not have access to this information. This site contains
links to other sites and is not responsible for the privacy practices
or the content of such web sites. We use your IP address to help diagnose
problems with our server and to administer our web site.
At
times we may use photos on our site from an event held at one of our
properties. Sometimes people happen to be doing something humorous whether
it be picking their nose, caught with an odd look on their face, or
are pictured in a strange dance move. Please understand that sometimes
the descriptions under the images are created to make the viewer laugh.
If you find something offensive or misquoted, it was most likely done
so in a humorous manner. If your name is listed under a picture and
you would prefer anonymity, please
. We will more than likely help you out.
When
signing our guestbook be aware that it is an outside source and if you
post your email address and personal information we do not have control
over what they do with the information. Please refer to the policies
of the site that maintains our guestbook.
COOKIES
If
you visit our site to browse, or to read or download information
like menus or brochures or press releases:
We collect and
store: the name of the domain and host from which you access the Internet
(for example, aol.com or princeton.edu); the Internet protocol (IP)
address of the computer you are using; the browser software you use
and your operating system; the date and time you access our site;
and the Internet address of the website from which you linked directly
to our site.We use this information to measure the number of visitors
to the different sections of our site, and to help us make our site
more useful. Generally, we delete this information after one year.
We do use "cookies"
on this site. A "cookie"is a small text file that a website
can place on your computer's hard drive in order, for example, to
collect information about your activities on the site or to make it
possible for you to use an online "shopping cart" to keep
track of items you wish to purchase. The cookie transmits this information
back to the Web site's computer which, generally speaking, is the
only computer that can read it. Most consumers do not know that "cookies"
are being placed on their computers when they visit websites. If you
want to know when this happens, or to prevent it from happening, you
can set your browser to warn you when a website attempts to place
a "cookie" on your computer.
CONTACTING
THE WEB SITE
If you have any questions about this privacy statement, the practices
of this site, or your dealings with this Web site,
This is how
we handle information we learn about you from your visit to our website.
The information we receive depends on what you do when you visit our
site. If you choose to identify yourself by sending us an email
or when using our secure online forms (e.g., Comment Cards, Request
Information, or Mail list, or Event Request Forms, etc):
We use personally-identifying
information from consumers in various ways to further our consumer
protection and competition activities. We collect this information
under the authority of the Federal Trade Commission Act and other
laws we enforce or administer. We may enter the information you send
into our database to make it available to our attorneys and investigators
involved in law enforcement. We also may share it with a wide variety
of other government agencies enforcing consumer protection, competition,
and other laws. If you contact us because you have been the victim
of Identity
Theft, we also may share some information you provide with certain
private entities, such as credit bureaus and any companies you may
have complained about, if we believe that doing so might help resolve
identify theft-related problems. In addition, when you submit a complaint,
you may be contacted by the FTC or any of the agencies or private
entities to whom your complaint has been referred.
If you contact
us to order publications, we will use your information only to fulfill
your order or to contact you about your order.
In other limited
circumstances, including requests from Congress, Freedom
of Information Act (FOIA) requests from private individuals, or
in accordance with our
public record rules, we may be required by law to disclose the
information you submit. If you use one of our online forms, the information
you provide is up to you. If you don't provide your name or other
information, it may be impossible for us to refer, respond to, or
investigate your complaint or request. If you want to get
information about you that may be in our records:
The Freedom of
Information Act and the Privacy Act of 1974 provide you certain rights
to get information about you that is in our records. To learn more
about the circumstances under which you can get and correct this information,
visit the Freedom
of Information Act page.Here's what you should know about the
security of the information you provide to us:
We use secure socket layer (SSL) encryption to protect the transmission
of information you submit to us when you use our secure online forms.
All the information you provide us through these forms is stored securely
offline.
If
you send us an email, you should know that email is not necessarily
secure against interception. So, if your communication includes sensitive
information like your bank account, charge card, or social security
number, and you prefer not to use one of our secure online complaint
forms, contact us by postal mail, telephone, or fax rather than email
- If you do so, we may use the information you provide in the ways we
have described in this privacy policy.
Contact Information
Heart of America Restaurants & Inns
P.O. Box 4234
Davenport, IA 52808-4234
Phone: 866-799-9300
FAX: 866-840-8050
If
you experience technical problems with the operation of this website,
contact our Webmaster -
.
INFORMATION
COLLECTED AND HOW WE USE IT
You always remain
in control of the information you provide to Heart of America Restaurants
& Inns. We collect two types of information about visitors: Personal
information (such as name, address, telephone number, e-mail address,
credit card information if you place an order with us, etc.) which
you have voluntarily submitted to us, and Aggregate information (such as information about how many visitors log on to our sites,
the pages they access, etc.).
In general, you
can visit our websites without telling us who you are or revealing
personal information about yourself, although you may then not be
able to participate in certain promotions or receive product information.
We collect, maintain and use personal information you have voluntarily
submitted to contact you, including via email, to respond to your
comments or requests for information, or to contact you if needed
in the course of processing or shipping your order for products or
services offered over our web sites. In addition, we may use personal
information to provide you the most helpful and targeted products
and services to meet your needs and respond to your inquiries. To
better meet your needs, we may supplement the information we collect
with data obtained from third parties for the same purposes.
DATA
SHARING AND TRANSFER
Heart of America Restaurants & Inns will not trade, sell or share
your personal information for use by any business not within the Heart
of America Restaurants & Inns doman without your consent, unless
required by law or as disclosed to you when the information is collected.
If you do provide us with consent to share your information with other
companies, we may share your information with companies who offer products
and services that may be of interest to you. These companies may then
contact you directly with product or sample offers, personalized offers
and information, or to ask for your feedback on products and programs
that they think may be of interest to you.
Your
personal information will generally be stored in the Heart of America
Restaurants & Inns databases, which are located in the United States.
Specific information is provided on the web site's consent or registration
form, where needed. For easier processing of e-mail campaigns or other
marketing purposes, however, your personal information may be sent,
usually on a temporary basis, to hired database consultants outside
the Heart of America Restaurants & Inns domain for processing. Nonetheless,
our policy is to ensure that your information is always granted the
same level of protection no matter where it is stored.
Heart
of America Restaurants & Inns adheres to U.S./EU Safe Harbor principles.
If you feel that Safe Harbor privacy principles may have been violated
by Heart of America Restaurants & Inns, you may contact Heart of
America Restaurants & Inns, the U.S. Direct Marketing Association,
or the Better Business Bureau Online with your complaint.
ADVERTISING
PARTNERS
Heart of America Restaurants & Inns has selected MVP
Internet Concepts to provide email delivery and online advertising
services for many of its websites. MVP Internet Concepts may use cookie
technology to track the activities of anyone who clicks on links within
the email message or online advertising it sends.
YOU
CAN CHOOSE TO BE CONTACTED OR NOT
Our sites allow
you to choose, for example, to receive or stop receiving communications
from us. If you would like to be removed from our database you enrolled
in or prevent further use of your personal information, please click
on the link below.
To Prevent
Further Use of Your Personal Information - You will be asked for
your information as a way for us to identify you in the database you
can remove your information from our database by selecting unsubscribe" here as a way to remove yourself from our
online programs.
CHILDREN'S
PRIVACY
We
take care to protect children's privacy, and abide by national and
international laws and regulations on children's privacy.
SECURITY
We take steps
to make all information received from you online as secure as reasonably
possible against unauthorized access and use.
ACCESS
TO YOUR INFORMATION AND COMPLAINTS
We attempt to
keep your files complete, up-to-date, and accurate. Please update
your information here: We are committed
to working with you to obtain a fair and rapid resolution of any complaints
or disputes about privacy. Questions regarding our Privacy Statement
should be directed to Heart of America Restaurants & Inns- Phone:
866-799-9300 - FAX: 866-840-8050
LINKS
TO OTHER SITES
Some Heart of
America Restaurants & Inns websites may contain links to other
websites. Heart of America Restaurants & Inns has no control over
the privacy practices or the content of such websites. We recommend
you carefully read the privacy policies of each site you visit.
YOUR
ACCEPTANCE OF OUR PRIVACY PRACTICES
By using this website or any other Heart of America Restaurants &
Inns website or interactive banner ads, you signify your acceptance
of our Privacy Statement, and you adhere
to the terms and conditions posted on the website.
Last
updated: 07/08/05-rb
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