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TERMS OF USE AGREEMENT
Welcome to one of Kazbor's Grille, LLC's websites (our "Kazbor'sŪ Sites").
Our Kazbor'sŪ Sites are located at and under the domain name:
www.kazborsgrille.com and such other domain names as we may own or
control from time to time. By accessing any of these Kazbor'sŪ Sites or
using any of the services offered on or through the Kazbor'sŪ Sites
(collectively with the Kazbor'sŪ Sites, the "Services"), you
agree to be bound by the terms and conditions below (and all other
operating rules and/or policies of Kazbor's Grille, LLC that may be
published on these Kazbor'sŪ Sites (collectively, the "Terms").
If you do not agree to the Terms, please do not use these Kazbor'sŪ
Sites. Kazbor's Grille, LLC may from time to time modify the Terms by
posting updates on the Kazbor'sŪ Sites. Your use of these Kazbor'sŪ
Sites following any change constitutes your agreement to be bound by
the changed Terms.
GENERAL LICENSE
Kazbor's Grille, LLC ("we," "us" or "our")
grants to you a revocable, non-exclusive, non-transferable,
non-sublicensable limited right and license to access and use those
portions of the Kazbor'sŪ Sites and the Services accessible to the
general public without a password or logon for your own personal
research use, subject to these Terms. In order to use the Services, you
must provide and maintain adequate communications and computer
equipment and obtain access to the World Wide Web directly or through
devices that access web-based content. You are responsible for paying
any and all service fees associated with such access. We provide the
Services for users of the Kazbor'sŪ Sites to provide our information
and products and of our Kazbor's Grille & BarŪ restaurant
franchises and our affiliates.
AVAILABILITY; ACCURACY
We may change, suspend or discontinue any aspect of the Services at any
time, including the availability of any Service feature, database, or
content. We may also impose limits on certain features and services or
restrict your access to parts or all of the Services without notice or
liability. Certain areas of the Kazbor'sŪ Sites may require
registration and use of a password and user ID to access certain
content, and will be subject to additional terms and conditions. The
information contained on any Kazbor'sŪ Site is provided solely for
general informational purposes and is not intended to provide a
complete description of all terms, conditions and exclusions applicable
to all of the products and services described. We are not engaged in
rendering legal, financial, investment or any other advice - we sell to
independently owned and operated franchisees the right to operate, and
may ourselves or through our affiliates operate, Kazbor's Grille &
BarŪ restaurants; which are full service restaurants that offer wings,
sandwiches and full course entrees (e.g., steaks and pastas) in a
casual atmosphere, using our Marks and accordance with our system
standards. Products and services referenced herein offered by us, our
affiliates or our independently owned and operated franchisees may not
be available in all jurisdictions or at the same prices listed in the
Kazbor'sŪ Sites, if any. The information contained on these Kazbor'sŪ
Sites was believed to be accurate at the time it was posted and we may
periodically update the information on our Kazbor'sŪ Sites; however, we
provide all information on our Kazbor'sŪ Sites on an "as is" and "as
available" basis and take no responsibility for the timeliness,
accuracy or applicability of the information.
ACCURATE INFORMATION
You agree to provide us current, complete, and accurate information, if
required to complete an online job application or to request
information ("User Data")
and to maintain and update this information as required to keep it
current, complete, and accurate. You agree not to use a false or
misleading name or a name that you are not authorized to use. If we
suspect that your User Data is not current, complete, or accurate, we
may pursue any appropriate legal remedies.
COPYRIGHT AND TRADEMARK NOTICE
These Kazbor'sŪ Sites and their contents,
including but not limited to, text, photographs, graphics,
illustrations, video, sound and other material (collectively the "Content")
are protected under United States and international copyright laws and
are our property or our third party licensors' property. All logos,
splash screens, page headers, custom graphics and button icons
displayed on this Kazbor'sŪ Site are service marks, trademarks,
tradenames, or trade dress (collectively, "Marks") of ours and
our third party licensors. In particular, the tradenames, corporate
names, trademarks and logos of our affiliated companies described above
are among our family of valuable Marks. Except as specifically
permitted herein, copying, distributing, transmitting, displaying,
modifying, selling or participating in the sale of, or otherwise
exploiting or using any Content or any Marks in any form or by any
means without our express written permission is prohibited and may
violate the copyright or trademark laws of the United States and/or
other countries.
We require users to respect our copyrights. We likewise respect the
intellectual property of others. On notice, we will act expeditiously
to remove content on our Kazbor'sŪ Site which infringes the copyright
rights of others and will disable the access to the Kazbor'sŪ Site and
Services by any one who uses them to repeatedly infringe the
intellectual property rights of others. If you believe that our
Kazbor'sŪ Site contains elements that infringe your copyrights in your
work, please follow our Copyright Notice and Takedown Policy.
YOUR COMMENTS
We appreciate your comments, suggestions and other submissions you disclose to us (collectively, "Comments").
By sending us your Comments, you grant us and our affiliates a
perpetual, irrevocable, worldwide, royalty-free license to use,
reproduce, modify, adapt, publish, translate, create derivative works
of, distribute, publicly perform and publicly display (in whole or in
part) your Comments, your name and any related copyrights, moral rights
or other intellectual property rights.
UNACCEPTABLE USE AND LINKING
You shall not restrict or inhibit any other user from using the
Kazbor'sŪ Sites. You shall not use the Kazbor'sŪ Sites to: (i) engage
in fraudulent conduct or conduct that would constitute a criminal
offense or give rise to civil liability; (ii) distribute any harmful,
vulgar, indecent, obscene, or otherwise illegal or objectionable
material; (iii) spoof any third party, or forge, delete, or alter any
part of TCP/IP packet header information in any e-mail; (iv) violate or
attempt to violate, the security of the Kazbor'sŪ Site; (v) access
materials not intended for you; (vi) log into a server or account which
you are not authorized to access; or (vii) assist or permit any persons
in engaging in any of the activities described above. We reserve the
right to investigate and to involve law enforcement authorities for any
alleged or actual illegal activities involving this Kazbor'sŪ Site. You
shall not "deep-link" to these Kazbor'sŪ Sites, meaning that you will
not create, post, display, or distribute any link to any page other
than the home page of a Kazbor'sŪ Site, unless specifically authorized
by us to do so. You shall not display the contents of the Kazbor'sŪ
Sites on another web page through framing or in-lining without our
express permission. The Kazbor'sŪ Sites may contain links to third
party sites. Your use of such third party sites will be subject to the
terms and conditions posted on that website. We assume no
responsibility for content posted by any third party or any third party
website. The inclusion of any link on the Kazbor'sŪ Sites do not imply
an endorsement of that website by us. You acknowledge that your access
or use of any third party site is at your own risk.
SECURITY
You are responsible for protecting against
viruses, Trojan horses, or other computer programming routines intended
to damage a computer's functionality.
PRIVACY
We respect the privacy of individuals who visit the Kazbor'sŪ Site. Our "Privacy Policy", which you may view at http://kazborsgrille.com/dsp_privacy.htm is incorporated herein by reference.
DISCLAIMER
THIS KAZBOR'SŪ SITE, ITS CONTENTS AND ALL
INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS
KAZBOR'SŪ SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE EXPRESSLY
DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT
AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE. WE DO NOT WARRANT THAT THIS KAZBOR'SŪ SITE OR ITS CONTENTS
WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT
THE KAZBOR'SŪ SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
INDEMNIFICATION
You agree to defend, indemnify and hold us and each of our
subsidiaries, affiliates, franchisees, licensees, officers, directors
employees and agents, harmless from and against any and all claims,
losses, damages, liabilities, costs and expenses, including reasonable
fees and expenses of counsel, incurred or suffered by them and arising
from or related to your (i) use of the Kazbor'sŪ Sites; (ii) violation
of any of these Terms; or (iii) the infringement by you, or any other
person using your password and account (if applicable), of any right of
any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF
OR RELATED TO YOUR USE OF OR INABILITY TO USE THESE KAZBOR'SŪ SITES OR
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THESE KAZBOR'SŪ SITES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR
TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF
THIS KAZBOR'SŪ SITE SHALL NOT EXCEED ONE HUNDRED DOLLARS (US$100).
LAWS
These Terms are governed by the laws of the State of Florida without
giving effect to any principles of conflicts of law. Subject to the
dispute resolution terms below, any legal action between you and us
related to the Terms shall be brought exclusively in a court of
competent jurisdiction sitting in Tampa, Florida.
DISPUTE RESOLUTION
Except with respect to violations of our
intellectual property or proprietary rights, and except with respect to
suits brought against us by third parties, you agree that any dispute
involving us shall be settled by arbitration in the Tampa, Florida in
accordance with the Commercial Arbitration Rules of the American
Arbitration Association. Any such claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with
any claim of any other party. You agree that we may seek interim or
preliminary relief from a court of competent jurisdiction necessary to
protect our rights or property pending the completion of arbitration.
GENERAL
If any provision of these Terms shall be found to
be unlawful, void, or unenforceable, then that provision shall be
deemed severable from these Terms and shall not affect the validity and
enforceability of any remaining provisions. Any cause of action brought
against us arising out of the Kazbor'sŪ Sites or the Terms must
commence within one (1) year after the cause of action arose. The Terms
constitute the entire agreement between the parties.
NOTICES
We may deliver notice to you under the Terms by means of electronic
mail, a general notice on the Kazbor'sŪ Sites, or by written
communication delivered by first class U.S. Mail to your address you
provide (if any) to us. You may give notice to us (except for claims of
intellectual property infringement for which you may give notice at Copyright Notice and Procedure) anytime via electronic mail to info@kazborsgrille.com.
TERMINATION OR REVISION OF SERVICES
We reserve the right, at any time, to modify, suspend, or discontinue
the Kazbor'sŪ Sites, without notice, at our sole judgment. Neither we,
our partners, franchisees or affiliates will be liable to you for any
modification, suspension or discontinuance of the Kazbor'sŪ Sites. We
may, in our sole discretion, refuse or restrict anyone from access to
any or all of the Kazbor'sŪ Sites at any time. |
