Welcome to Best Restaurants of America's website (the "Site").
The
Site, is currently being provided free-of-charge to you. The terms
"you", "your", and "yours" refer to the customer utilizing our Site(s).
The terms "Best Restaurants of America",
"bestrestaurantsofamerica.com", “bestrestaurantsofnewyork.com”,
“bestrestaurantsofchicago.com”, “BROA”,
“bestrestaurantsofboston.com”, “bestrestaurantsoflosangeles.com”, "we",
"us", and "our" refer to Best Restaurants of America, LLC.
We
reserve the right to change the nature of this relationship at any time
and to revise these Terms and Conditions from time to time as we see
fit. If you violate the terms of this Agreement you will have your
access canceled and you may be permanently banned from using the Site.
You should check these terms and conditions periodically. By using the
Site after we post changes to these Terms and Conditions, you agree to
accept those changes, whether or not you actually reviewed them.
Entering the
Site will constitute your acceptance of these Terms and Conditions. If
you do not agree to abide by these terms, please do not enter the Site.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
Copyright
You
acknowledge that the Site contains information, data, photographs,
graphs, graphics, and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and protected in
all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the
U.S. copyright laws, and we own a copyright in the selection,
coordination, arrangement, and enhancement of such Content. You may not
modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in any way
exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make copies of select portions of
the Content, provided that the copies are made only for your personal
use and that you maintain any notices contained in the Content, such as
all copyright notices, trademark legends, or other proprietary rights
notices. Except as provided in the preceding sentence or as permitted
by the fair use privilege under the U.S. copyright laws (see, e.g., 17
U.S.C. Section 107), you may not upload, post, reproduce, or distribute
in any way content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or other
propriety right.
Nothing
contained on the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use the Site or any
information displayed on the Site, through the use of framing or
otherwise, except: (a) as expressly permitted by these Terms and
Conditions; or (b) with our prior written permission or the prior
written permission from such third party that may own the trademark or
copyright of information displayed on the Site.
Site Access
You
may not download (other than page caching) or modify the Site or any
portion of it, without our express, written consent. This includes: a
prohibition on any resale or commercial use of the Site or its
contents; any collection and use of any product listings, descriptions,
or prices; any derivative use of the Site or its contents; any
downloading or copying of account information for the benefit of
another merchant; and any use of data mining, robots, or similar data
gathering and extraction tools. The Site or any portion of the Site may
not be reproduced, duplicated, copied, sold, resold, visited, or
otherwise exploited for any commercial purpose without our express,
written consent. You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of BROA without our
express, written consent. You may not use any meta tags or any other
"hidden text" utilizing our name or trademarks without our express,
written consent.
Trademarks
BROA, BROA’s
logo's, and all content including Images, Software, HTML, Meta Tags and
Text within our website(s) is copyrighted and are registered trademarks
and or service marks of BROA in the United States and other countries.
Our graphics, logos, page headers, button icons, scripts, and service
names are trademarks of BROA. BROA’s trademarks may not be used in
connection with any product or service that is not BROA’s, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits BROA.
Your Account
If you create a
username and/or password on this Site, you are responsible for
maintaining the confidentiality of the username and password and for
restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or
password. BROA reserves the right to refuse service, terminate
accounts, remove or edit content, or cancel service in our sole
discretion.
Disclaimers and limitations of liability
The
Site is provided on an "AS IS," "as available" basis. Neither BROA nor
subsidiaries, or designees, nor each of their respective officers,
directors, employees, agents, third-party content providers, designers,
contractors, distributors, merchants, sponsors, licensors or the like
(collectively, "Associates") warrant that use of the Site will be
uninterrupted or error-free. Neither BROA, nor its Associates warrant
the accuracy, integrity, or completeness of the Content provided on the
Site or the products or services offered for sale on the Site. Further,
we make no representation that Content provided on the Site is
applicable or appropriate for use in locations outside of the United
States. BROA specifically disclaims warranties of any kind, either
expressed or implied, including but not limited to warranties of title
or implied warranties of merchantability or fitness for a particular
purpose. No oral advice or written information given by BROA or its
Associates shall create a warranty. You expressly agree that the use of
the Site is at your sole risk.
Under no
circumstances shall BROA be liable for any direct, indirect,
incidental, special, or consequential damages that result from the use
of or inability to use the Site, including but not limited to reliance
by a user on any information obtained at the Site, or that result from
mistakes, omissions, interruptions, deletion of files or e-mail,
errors, defects, viruses, delays in operation or transmission, or any
failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction or unauthorized access to
BROA records, programs or services. The foregoing limitation of
liability shall apply whether in an action of contract, negligence, or
other tortious action, even if an authorized representative of BROA has
been advised of or should have knowledge of the possibility of such
damages. You hereby acknowledge that this paragraph shall apply to all
content, merchandise and services available through the Site. Because
some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, in such states liability is
limited to the fullest extent permitted by law.
Online Conduct
You agree to
use BROA only for lawful purposes. You are prohibited from posting on
or transmitting through BROA any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit,
profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that
encourages conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable local, state,
national, or international law. We may disclose any Content or
electronic communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such disclosure is necessary
or appropriate to operate BROA; or (iii) to protect the rights or
property of BROA, and you.
Termination of Usage
We may
terminate your access or suspend your right to access to all or part of
the Site, without notice, for any conduct that we, in our sole
discretion, believe is in violation of any applicable law or is harmful
to the interests of another user, Associates, or BROA.
Applicable law
By
visiting the Site, you agree that the laws of the State of Florida,
without regard to principles of conflict of laws, will govern these
Terms and Conditions and any dispute of any sort that might arise
between you and BROA.
Disputes
Any
dispute relating in any way to your visit to the Site shall be
submitted to confidential arbitration in Palm Beach, Florida, except
that, to the extent you have in any manner violated or threatened to
violate BROA’s intellectual property rights, BROA may seek injunctive
or other appropriate relief in any state or federal court in the State
of Florida, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this Agreement shall be conducted under the
rules then prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a judgment in
any court of competent jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this Agreement shall be joined to
an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
Site policies, Modification and Severability
We reserve the
right to make changes to the Site, policies, and these Terms and
Conditions at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be
deemed severable and shall not affect the validity and enforceability
of any remaining condition.
