Welcome!

PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND Neptune Diner, INCLUDING ITS SUBSIDIARIES, AFFILIATES, AGENTS, PARTNERS, CONTRACTORS, AND SERVICE PROVIDERS (COLLECTIVELY, “RESTAURANT,” “WE,” “US,” OR “OUR”).

By accessing or using this website (“Site”), or by clicking a button or checking a box marked “I Agree” (or something similar), you agree to all the terms and conditions of this Agreement. If you do not agree, do not access or use the Site. As used in this Agreement, “you” or “your” means any visitor, user, or other person who accesses the Site, whether or not such person registered for an account.

Content Accuracy and Limitations

Menus, prices, and other content on this Site are provided as a reference and are subject to change at any time without notice. While we strive to ensure the accuracy of the information, errors may occur. Users are encouraged to verify menu items, pricing, availability, and other details directly with the restaurant. All items listed are considered MARKET PRICE and not set in stone. The restaurant reserves the right to update or modify content without liability for outdated or incorrect information.

ADA, Accessibility & Reporting Issues

If you encounter issues using this website, including accessibility concerns (e.g., screen readers, mobile devices, VR devices) or general technical problems, you agree to report them promptly using the contact information provided in the footer of this Site. Failure to report issues in a timely manner waives your right to claims arising from such issues. The restaurant and its providers are committed to addressing reported concerns but disclaim liability for unreported or unresolved issues.

Content and Conduct

1. 1. By using the Site, you agree to:

   
   
   

   • Comply with all applicable laws and this Agreement.

   
   

   • Avoid activities that damage, disable, overburden, or impair the Site’s functionality or interfere with others’ use.

   
   

   • Not impersonate others, use another user’s account, or attempt unauthorized access to the Site.

   
   

   • Not use the Site for unlawful purposes, including spamming, fraud, or violating intellectual property rights.

   
   

2. 2. We reserve the right to suspend or terminate your Account for violations of this Agreement.

Registration and Account Responsibilities

1. 1. When creating an account (“Account”), you agree to provide true, accurate, current, and complete information (“Registration Data”) and to promptly update this information if it changes.




2. 2. You are responsible for all activities that occur under your Account. You must:

   
   
   

   • Maintain the confidentiality of your password and login credentials.

   
   

   • Restrict access to your Account by unauthorized users.

   
   

   • Immediately notify us of any unauthorized use of your Account or any other security breach.

   
   

3. 3. If you are a minor in the jurisdiction where you reside, you must have the permission and supervision of a parent or legal guardian to use the Site. Users under the age of 13 are prohibited from accessing or using the Site.

Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR SERVICES ON THE SITE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RESTAURANT AND ITS SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, REVENUE, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE LAST 12 MONTHS OR (B) $500.

Dispute Resolution and Arbitration

1. 1. Arbitration Requirement: All disputes arising from or related to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (“AAA”) under its rules.




2. 2. Individual Claims Only: Claims must be resolved on an individual basis, and users waive the right to participate in any class or collective actions.




3. 3. Arbitration Location and Costs: Unless otherwise agreed, arbitration will take place in the jurisdiction where the restaurant is located. Each party shall bear its own costs, except as required by the AAA rules.




4. 4. Governing Law: This Agreement is governed by the laws of the state where the restaurant is located, without regard to its conflict of law principles.

Indemnity You agree to indemnify and hold Restaurant harmless against any claims, damages, liabilities, and expenses (including attorneys’ fees) arising from your use of the Site, your violation of this Agreement, or your infringement of any rights of a third party.

Termination We may suspend or terminate your access to the Site at any time for any reason, including for violations of this Agreement. Upon termination, your access rights will cease, and any provisions of this Agreement that are intended to survive termination will remain in effect.

Online Ordering and Payments

1. 1. Certain features of the Site may require payments. Payments are final and non-refundable unless otherwise determined by us.




2. 2. We reserve the right to change prices, fees, taxes, or surcharges at any time.




3. 3. You authorize us to charge your specified payment method for purchases and pre-authorizations as needed to verify available funds.

Entire Agreement This Agreement constitutes the entire agreement between you and us regarding your use of the Site and supersedes all prior agreements.

For full contact information and to report a problem, please see the footer of this website.