Acceptable Site Use.
a.User age and access. By using this Site you represent that you are a United States of America resident over the age of 18. If you are under the age of 18, you are not eligible to use our services; please do not use this Site. You are also responsible for, and must make your own arrangements for, the provision and payment of all telephone and other equipment and services necessary to access this Site.
b.License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Grill Concepts, Inc. Grill Concepts, Inc. claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here. Our Site may contain or give you access to software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, or transfer or participate in the sale, rental, lease, loan or transfer of any services provided on this site and you may not assign or sublicense this license.
Specific Prohibited Uses.
The Site may be used only for lawful purposes by individuals using authorized services of Grill Concepts, Inc. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Grill Concepts, Inc. specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
a.Posting any information which is incomplete, false or inaccurate not your own.
b.Posting information such as opinions or notices, commercial or otherwise, or any inappropriate information to a community environment such as profanity and pornography.
c.Uploading onto the pages of DailyGrill.com messages containing racial, ethnic, or religious slurs or similar epithets, or advocating violence or containing other language that is deeply or widely offensive.
d.Publishing on the pages of DailyGrill.com any information or other content that contains any charity requests, petitions for signatures, or solicitation of other users to use specific goods or services (except through bona fide advertisements).
e.Conducting any activity, or soliciting the performance of any illegal activity or other activity, that infringes the rights of Grill Concepts, Inc., or any of its information providers, bona fide advertisers, or other users.
f.Posting any information for business or other commercial use including without limitation advertisements or solicitations of business.
g.Posting material that is copyrighted, or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it;
h.Posting material that reveals trade secrets, unless you own them or have the permission of the owner;
i.Posting material that infringes on any other intellectual property, privacy or publicity right of another;
j.Posting material that is obscene, pornographic, sexually explicit, defamatory, threatening, harassing, abusive, or discriminatory, to another user or any other person or entity;
k.Posting chain letters or pyramid schemes;
l.Impersonating another person; or,
m.Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.
n.Attempting to interfere in any way with Grill Concepts, Inc. networks or network security, or attempting to use the DailyGrill.com service to gain unauthorized access to any other computer system.
o. Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nationals in violation of U.S. export control laws.
All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary to Grill Concepts, Inc. or other respective owners that have granted Grill Concepts, Inc. the right and license to use such Marks.
Disclaimer of Warranties
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, GRILL CONCEPTS, INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, GRILL CONCEPTS, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.
Limitation on Liability
IN NO EVENT SHALL GRILL CONCEPTS, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GRILL CONCEPTS, INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. 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.
This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Grill Concepts, Inc. is not responsible for the availability of, or the content located on or through, any site other than DailyGrill.com. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Violations of system or network security may result in civil or criminal liability. Grill Concepts, Inc. will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
a. accessing data not intended for such user or logging into a server or account which user is not authorized to access;
b.attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c.attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or
d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Termination of Service.
Confidentiality. You acknowledge that your communications to, from and through this Site are not confidential and that your communications may be read or accessed by others. If you send any communication to our Site (including comments, data, questions, suggestions, etc.) we will treat all such material as our property. Thus you give us any and all of your rights to such material and our use of the material. You give up your proprietary rights, your privacy rights, your rights to credit or compensation for the material or idea, and all other rights. By sending materials to our Site you authorize us to publish, broadcast, adapt, change disclose, copy, license, post, sell, transmit or use the material anywhere in the world in any medium forever without any compensation to you. Grill Concepts, Inc. reserves the right at all times to disclose any information posted by you or provided to Grill Concepts, Inc. as necessary to satisfy any law, regulation or governmental request.
If you are dissatisfied with our Site, our services or the products listed, your sole and exclusive remedy is to discontinue use of the Site.
Resolution of Disputes
By using this Site, you agree to arbitrate any and all disputes by binding arbitration administered by the American Arbitration Association (www.adr.org). Any dispute arising between You and Grill Concepts, Inc. must first be presented to the other party for resolution. You must notify Grill Concepts, Inc. by mail or fax at the address listed below; Grill Concepts, Inc. will notify You at the email or postal address it has for You. If this dispute can not be resolved within sixty days, the complaining party must submit its claim for settlement by final and binding arbitration. Judgment on the award rendered by the arbitrator may be entered by a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator and in Los Angeles County, California. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UP THE RIGHT TO HAVE ANY DISPUTE REGARDING THIS AGREEMENT HEARD BY A JURY AND DETERMINED BY A COURT OF LAW.
YOU AGREE THAT YOU WILL FILE ANY DISPUTE YOU HAVE WITH Grill Concepts, Inc. WITHIN ONE (1) YEAR OF THE TIME THAT SUCH CLAIM AROSE AND THAT ANY DISPUTES RAISED BY YOU LATER ARE FOREVER BARRED. YOU AGREE THAT YOU WAIVE ANY ENTITLEMENT, AT LAW OR EQUITY, TO A LONGER PERIOD TO RAISE SUCH DISPUTES.
EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU FURTHER AGREE BY USING THIS SITE THAT ANY DISPUTE AGAINST Grill Concepts, Inc. SHALL BE BROUGHT BY YOU INDIVIDUALLY AND NOT ON BEHALF OF ANY OTHERS.
Limitation on Actions Any claim by a user or users with respect to or against Grill Concepts, Inc must be instituted within one year of the claim arising, or be barred.