Effective: January 25th, 2010
Any and all Silver Diner gift cards shall be governed by the following terms and conditions: (1) Except where required by law, any gift card is not redeemable for cash, (2) We can't and shall not replace any gift card if such gift card is lost or stolen, (3) Silver Diner’s approval is required to advertise any gift card, and (4) Valid in U.S. only.
For Gift Card balances visit www.silverdiner.com.
3. The Site may provide you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics or other material to Silver Diner through the Site or otherwise will be treated as nonconfidential and nonproprietary. Anything you submit, transmit, or post becomes the property of Silver Diner or its affiliates and Silver Diner 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 noncommercial, without payment of any compensation to you.
4. Silver Diner has used reasonable efforts to include accurate and up‐to‐date information on the Site; however, it makes no warranties or representation as to the accuracy of its contents. Silver Diner shall not assume any liability or responsibility for any errors or omissions in the contents of the Site.
5. This 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, NONINFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). SILVER DINER DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE 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 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 SILVER DINER, 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 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 SILVER DINER HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. THE TOTAL LIABILITY OF SILVER DINER 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 SITE. YOU MAY BRING NO CLAIM AGAINST SILVER DINER 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 SILVER DINER IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMIT BY THE LAW THEREUNDER.
6. Silver Diner makes no representation about any other site that you may access through its Site, including without limitation Facebook or Twitter, and is not responsible for the contents of any other site. Unless expressly stated, Silver Diner 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 Site without first obtaining our prior written permission.
7. On occasion, we may conduct contests that entitle the winners to prizes. Each contest shall have it own terms and conditions.
8. If you communicate with us through the Site, 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. Silver Diner 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.
9. This Site is controlled by Silver Diner from its offices within the United States of America. Silver Diner makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site 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 the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Maryland 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 Montgomery County, Maryland, USA.