TERMS OF USE AGREEMENT
BEFORE USING THIS APPLICATION AND/OR ASSOCIATED INTERNET SITE PLEASE READ TERMS BELOW CAREFULLY
This
Internet site and associated application serves as a platform for
restaurant owners to provide Services to diners/guests and those
interested in the restaurants owned by the Internet site owner and
associated application.
You agree that your use of this application and/or associated Internet
site is expressly conditioned on your acceptance of the following terms
of use. By using this application and/or associated Internet site you
memorialize your assent to these
TERMS OF USE and the PRIVACY POLICY.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE APPLICATIONS.
Any
and all descriptive language or media contained herein are for
demonstration purposes and may vary without notice. All descriptive text
and media content including but not limited to design, measurements and
construction materials are subject to change without notice and may not
be representative of the final product. Pricing and availability are
also subject to change without notice.
You
may not use this Internet site if: you’re under 13 years old; or are a
convicted sex offender; or if any of your previous accounts for this
Internet site have been disabled resulting from your prior violation of
the terms of use associated with this Internet site; or you are
prohibited by law from receiving any goods or services offered by this
Internet site.
This
application and/or associated Internet site may gather certain
information, including e-mail address, and other personal information on
an as-needed basis using both this application and/or associated
Internet site.
You acknowledge this application and/or associated Internet site may not function on your hardware.
You
grant the owners and operators of this Internet site permission (known
as a license) to use any content which you share or upload, such as
photos or videos. While you retain the ownership of any content which
you share or upload, the owners and operators of this Internet site may
use your content as they chose. For example, if you upload a photo on
this Internet Site, then you give a license to the owners and operators
of this Internet site store, copy, and share it with others. This
license will end when you delete your content from this Internet site
and the hardware and software enabling this internet site.
You
agree to obtain written permission from the owners and operators of
this Internet site prior to selling, copying, distributing, modifying,
creating derivative
works, reverse engineering any content of this Internet site (other than
your content) except in the ordinary course of using this Internet
site.
This
Agreement, for all purposes, shall be construed in accordance with the
laws of the State of New Jersey without regard to conflicts of law
principles. Any action or proceeding by either of the parties to enforce
this Agreement shall be brought only in a state or federal court
located in Morris County, New Jersey. The parties hereby irrevocably
submit to the exclusive jurisdiction of such courts and waive the
defense of inconvenient forum to the maintenance of any such action or
proceeding in such venue.
You
agree to allow the owners and operators of this Internet site to
disable or delete your account if after registration your account is not
confirmed, your account is inactive for an extended period of time, or
if the owners and operators of this Internet site detect someone may
have used it without your permission and we are unable to confirm your
ownership of the account.
You
agree to regularly check the terms of use for this Internet site and be
bound by changes if you continue to use this Internet site.
The Americans with Disabilities Act
This
application and/or associated Internet site has been tested and is
compatible with screen reader software. Additionally, other actions have
been to be compliant with the Americans with Disabilities Act (2 U.S.C.
12101 et seq. (1994)) including but not limited to associating the
content with HTML landmarks, tab-able content and image read roll-over.
In
the event a user is not able to use this application and/or the
associated Internet site, then the user agrees to contact our Customer
Service team at (973) 285-4800 or email our team at
wecare@villarestaurantgroup.com with “Disabled Access” in the subject
line and request that reasonable efforts will be made to accommodate
said user.
Digital Millennium Copyright Act Compliance
If
you are a copyright owner or agent thereof and believe that content
posted on this Application and/or associated Internet site infringes
upon your copyright, please submit notice, pursuant to the Digital
Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent
with the following information: (a) an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been
infringed; (c) the URL of the location this Application and/or
associated Internet site containing the material that you claim is
infringing; (d) your address, telephone number, and email address; (e) a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and (f) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent can be reached at: Jonathan Bick, (973) 228-5700,
copyrightagent@bracheichler.com, Brach Eichler L.L.C., 101 Eisenhower
Parkway, Roseland, NJ 07068.
EXCLUSION
OF WARRANTY
THE OWNERS AND OPERATORS OF THIS INTERNET SITE MAKES NO WARRANTY OF ANY
KIND REGARDING THIS APPLICATION AND/OR ASSOCIATED INTERNET SITE AND/OR
ANY PRODUCT, SERVICE OR CONTENT PROVIDED ON THIS APPLICATION AND/OR
ASSOCIATED INTERNET SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" "AS
AVAILABLE" BASIS. THE OWNERS AND OPERATORS OF THIS INTERNET SITE DOES
NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS OR RELIABILITY OF
ANY OF THE CONTENT FOUND ON THIS APPLICATION OR ASSOCIATED INTERNET SITE
AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS,
INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY
STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE.
LIMITATION
OF LIABILITY
THE OWNERS AND OPERATORS OF THIS INTERNET SITE ASSUMES NO RESPONSIBILITY
AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT
YOUR HARDWARE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THIS APPLICATION OR ASSOCIATED INTERNET SITE OR YOUR
DOWNLOADING OF ANY MATERIAL FROM THIS APPLICATION OR ASSOCIATED INTERNET
SITE. IN NO EVENT SHALL THE OWNERS AND OPERATORS OF THIS INTERNET SITE
BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF
ANY KIND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE
OF THIS APPLICATION OR ASSOCIATED INTERNET SITE OR CONTENT FOUND HEREIN,
ANY FAILURE OR DELAY OR THE PERFORMANCE OR NON PERFORMANCE BY THE
OWNERS AND OPERATORS OF THIS INTERNET SITE, EVEN IF THE
OWNERS AND OPERATORS OF THIS INTERNET SITE HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. THE OWNERS
AND OPERATORS OF THIS INTERNET SITE SHALL NOT BE RESPONSIBLE FOR ANY
INJURIES, DAMAGES, OR LOSSES CAUSED TO ANY USER IN CONNECTION WITH
OMISSIONS, OR CONDITIONS OUTSIDE THE OWNERS AND OPERATORS OF THIS
INTERNET SITE COMMERCIALLY REASONABLE CONTROL.
Cookie Policy
The
owners and operators of this Internet site uses cookies. In particular:
the owners and operators of this Internet site stores cookies on your
device and receives information from these cookies. The information is
used for the following purposes: authentication, advertising, security,
performance, analytics, research, and accommodation to third-party
Internet sites and applications.
PRIVACY
POLICY
The owners and operators of this Internet site and related application,
agree to make a commercially reasonable effort to only give IP based
access which can be called only by our system and to prevent database
query from outside our system.
WE
DO NOT SHARE YOUR INFORMATION WITH OTHER PARTIES UNLESS THERE IS A
CONTRACTUAL OR STATUTORY REQUIREMENT TO DO SO. PURSUANT TO SAID
CONTRACTUAL OR STATUTORY REQUIREMENT THE OWNERS AND OPERATORS OF THIS
INTERNET SITE MAY SELL, RENT OR TRADE YOUR PERSONAL DATA. WE MAY
DISCLOSE YOUR DATA TO SERVICE PROVIDERS WHO RENDER SERVICES TO US OR TO
YOU ON OUR BEHALF. WE MAY DISCLOSE YOUR INFORMATION IF REQUIRED BY LAW
OR TO ENFORCE OUR LEGAL RIGHTS. WE MAY ENGAGE WITH THIRD PARTIES WHICH
MAY RESULT IN THE TRANSFER OF YOUR PERSONAL DATA TO THIRD PARTIES AND WE
WILL MAKE A COMMERCIALLY REASONABLE ATTEMPT TO PROHIBIT THIRD PARTIES
FROM SELLING YOUR PERSONAL DATA WE HAVE SHARED WITH THEM, UNLESS PROPER
CONSENT IS ABTAINED.
THE
DATA WE HOLD ABOUT YOU IS STORED IN SECURE SERVERS WITH APPROPRIATE
COMMERCIALLY REASONABLE FIREWALLS AND WE USE DATA PROTECTION SOFTWARE
APPLIED ON CLOUD LEVEL TO PROTECT YOUR PERSONAL DATA