RESTAURANTOPERATOR.COM WEB SITE
TERMS OF USE and NOTICES
AGREEMENT BETWEEN USER AND RESTAURANTOPERATOR.COM
The RESTAURANTOPERATOR.COM Web Site may be comprised of various Web sites and Web pages operated by RESTAURANTOPERATOR.COM or its affiliates (collectively, the "RESTAURANTOPERATOR.COM Web Sites").
The RESTAURANTOPERATOR.COM Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of the RESTAURANTOPERATOR.COM Web Sites constitutes your agreement to all such terms, conditions, and notices.
Your use of a particular RESTAURANTOPERATOR.COM Web Site included within the RESTAURANTOPERATOR.COM Web Sites may also be subject to additional terms outlined elsewhere in this agreement.
In the event that any of the terms, conditions, and notices contained herein conflict with other terms and guidelines contained within any particular RESTAURANTOPERATOR.COM Web Site, then these terms shall control.
MODIFICATION OF THESE TERMS OF USE
RESTAURANTOPERATOR.COM reserves the right to change the terms, conditions, and notices under which the RESTAURANTOPERATOR.COM Web Sites are offered, including but not limited to the charges associated with the use of the RESTAURANTOPERATOR.COM Web Sites. You are responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the RESTAURANTOPERATOR.COM Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the RESTAURANTOPERATOR.COM Web Sites.
LINKS TO THIRD PARTY SITES
The RESTAURANTOPERATOR.COM Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of RESTAURANTOPERATOR.COM and RESTAURANTOPERATOR.COM is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. RESTAURANTOPERATOR.COM is not responsible for webcasting or any other form of transmission received from any Linked Site. RESTAURANTOPERATOR.COM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RESTAURANTOPERATOR.COM of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the RESTAURANTOPERATOR.COM Web Sites, you warrant to RESTAURANTOPERATOR.COM that you will not use the RESTAURANTOPERATOR.COM Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the RESTAURANTOPERATOR.COM Web Sites in any manner which could damage, disable, overburden, or impair the RESTAURANTOPERATOR.COM Web Sites or interfere with any other party's use and enjoyment of the RESTAURANTOPERATOR.COM Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the RESTAURANTOPERATOR.COM Web Sites.
USE OF COMMUNICATION SERVICES
The RESTAURANTOPERATOR.COM Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
RESTAURANTOPERATOR.COM has no obligation to monitor the Communication Services. However, RESTAURANTOPERATOR.COM reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. RESTAURANTOPERATOR.COM reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
RESTAURANTOPERATOR.COM reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RESTAURANTOPERATOR.COM's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. RESTAURANTOPERATOR.COM does not control or endorse the content, messages or information found in any Communication Service and, therefore, RESTAURANTOPERATOR.COM specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized RESTAURANTOPERATOR.COM spokespersons, and their views do not necessarily reflect those of RESTAURANTOPERATOR.COM.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO RESTAURANTOPERATOR.COM OR POSTED AT ANY RESTAURANTOPERATOR.COM WEB SITE
RESTAURANTOPERATOR.COM does not claim ownership of the materials you provide to RESTAURANTOPERATOR.COM (including feedback and suggestions) or post, upload, input or submit to any RESTAURANTOPERATOR.COM Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting RESTAURANTOPERATOR.COM, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. RESTAURANTOPERATOR.COM is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in RESTAURANTOPERATOR.COM'S sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AVAILABLE ON THE RESTAURANTOPERATOR.COM WEB SITES
Software (if any) that is made available to download from the RESTAURANTOPERATOR.COM Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of RESTAURANTOPERATOR.COM and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, RESTAURANTOPERATOR.COM hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular RESTAURANTOPERATOR.COM Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by RESTAURANTOPERATOR.COM and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE RESTAURANTOPERATOR.COM WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RESTAURANTOPERATOR.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE RESTAURANTOPERATOR.COM WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE RESTAURANTOPERATOR.COM WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
RESTAURANTOPERATOR.COM AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE RESTAURANTOPERATOR.COM WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RESTAURANTOPERATOR.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL RESTAURANTOPERATOR.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE RESTAURANTOPERATOR.COM WEB SITES, WITH THE DELAY OR INABILITY TO USE THE RESTAURANTOPERATOR.COM WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE RESTAURANTOPERATOR.COM WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE RESTAURANTOPERATOR.COM WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RESTAURANTOPERATOR.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE RESTAURANTOPERATOR.COM WEB SITES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE RESTAURANTOPERATOR.COM WEB SITES.
SERVICE CONTACT: webmaster@restaurantoperator.com
TERMINATION/ACCESS RESTRICTION
RESTAURANTOPERATOR.COM reserves the right, in its sole discretion, to terminate your access to any or all RESTAURANTOPERATOR.COM Web Sites and the related services or any portion thereof at any time, without notice.
GENERAL
This agreement is governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the RESTAURANTOPERATOR.COM Web Sites. Use of the RESTAURANTOPERATOR.COM Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and RESTAURANTOPERATOR.COM as a result of this agreement or use of the RESTAURANTOPERATOR.COM Web Sites. RESTAURANTOPERATOR.COM'S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of RESTAURANTOPERATOR.COM'S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the RESTAURANTOPERATOR.COM Web Sites or information provided to or gathered by RESTAURANTOPERATOR.COM with respect to such use. If any part of this agreement is determined to
be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and RESTAURANTOPERATOR.COM with respect to the RESTAURANTOPERATOR.COM Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and RESTAURANTOPERATOR.COM with respect to the RESTAURANTOPERATOR.COM Web Sites.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
COPYRIGHT NOTICES:
All contents of the RESTAURANTOPERATOR.COM Web Sites are: Copyright © 1999-2000 RESTAURANTOPERATOR.COM and/or its suppliers, P.O. Box 223, Solana Beach, California 92075 U.S.A. All rights reserved.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
SUBSCRIPTION-BASED CONTENT
Some contents and/or services on RESTAURANTOPERATOR.COM may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to RESTAURANTOPERATOR.COM a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes.
You may cancel your subscription to any fee-based content and/or services by contacting Billing Customer Support. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your business/household, and you may not transfer or make available your account name and password to others. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
ACCURACY OF INFORMATION AND CALCULATIONS
Information appearing on the RESTAURANTOPERATOR.COM Web site and in e-mail alerts, is believed to be accurate, but RESTAURANTOPERATOR.COM and its suppliers do not warrant or guarantee such accuracy. You should independently verify all relevant information prior to making any decisions based on such information.
SHOPPING
RESTAURANTOPERATOR.COM Web Sites provides the Merchants' links to you.
However, each individual Merchant participating at RESTAURANTOPERATOR.COM Web Sites is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. RESTAURANTOPERATOR.COM does not guarantee, warrant or endorse any product or service sold by a Merchant in RESTAURANTOPERATOR.COM Web Sites, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any Merchant. The purchase of any product or service from a Merchant at RESTAURANTOPERATOR.COM Web Sites is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. RESTAURANTOPERATOR.COM has no responsibility or liability for any Merchant or your relationship with such Merchant.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the Merchant. With respect to applicable taxes, the Merchant will advise you subsequently of the exact amount of tax due on your purchase. RESTAURANTOPERATOR.COM has no responsibility whatsoever for any miscalculation or omission by a Merchant of applicable taxes on any sale.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use RESTAURANTOPERATOR.COM Web Sites in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access RESTAURANTOPERATOR.COM Web Sites.
AUCTIONS
ELIGIBILITY; AUTHORIZED USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use RESTAURANTOPERATOR.COM Auctions & Classifieds, including the buying, selling and listing of items, and any other services offered on this site (collectively, the "Services") in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, and if you
are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
FEES; PAYMENT
RESTAURANTOPERATOR.COM reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. RESTAURANTOPERATOR.COM further reserves the right to alter any and all fees from time to time, without notice.
Click here to see the current Fee Schedule; and check the Fee Schedule for any updated fee information each time you use the Services.
You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.
USING THE SERVICES
RESTAURANTOPERATOR.COM Auctions & Classifieds is offered solely as a forum for you to utilize the Services to buy and sell goods. RESTAURANTOPERATOR.COM is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. RESTAURANTOPERATOR.COM cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, RESTAURANTOPERATOR.COM cannot control or warrant the behavior of the users of the Services. As such, your use of RESTAURANTOPERATOR.COM Auctions & Classifieds and its Services is at your own risk, and RESTAURANTOPERATOR.COM disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release RESTAURANTOPERATOR.COM, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of RESTAURANTOPERATOR.COM Auctions & Classifieds and the Services. Further, because RESTAURANTOPERATOR.COM is not involved in any transactions between you and other users of the Services, RESTAURANTOPERATOR.COM cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.
You warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid.
It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on the RESTAURANTOPERATOR.COM Auctions & Classifieds: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users, "fulfillment" software or other software not intended for general public distribution, copies installed on hardware hard drives without authorization, or software unbundled from the hardware it was purchased on or with; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in RESTAURANTOPERATOR.COM'S sole discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause RESTAURANTOPERATOR.COM to violate any law, statute or regulation.
RESTAURANTOPERATOR.COM reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.
