Terms and Conditions of Use
Welcome to DishesToGo.com (this “Site”), a world-wide-website owned and operated by Uncommon Grounds Enterprises, Inc. (“Uncommon Grounds”). By using or visiting this Site, you expressly agree to be bound by the following terms and conditions and to comply with such terms and conditions as well as any and all laws, rules and regulations governing use of this Site. Uncommon Grounds reserves the right, without limitation, to change such terms and conditions or to impose new terms and conditions at any time and from time to time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means whatsoever, including, without limitation, by posting such changes, modification, additions or deletions on this Site or by electronic or conventional mail. Any use of this Site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
1. Ownership, License, Use and Restrictions on Use
This Site contains copyrighted material, trademarks and other proprietary information, including without limitation, software code, text, photos, graphics, videos, music and sound. As between Uncommon Grounds and you, all right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belongs to Uncommon Grounds. You are hereby granted a nonexclusive, nontransferable, limited license to view such information solely for your personal, non-commercial and informational purposes. Except as expressly provided above, (i) you may not modify, copy, reproduce, republish, transmit, distribute, participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content of this Site, in whole or in part, and (ii) nothing contained herein shall be construed as conferring any right, title, interest or license, by implication, estoppel or otherwise, to any person or entity of any copyright, trademark or other intellectual property right of or belonging to Uncommon Grounds or otherwise. Us of this Site is limited to persons eighteen (18) years of age or older.
This Site may contain links to third-party sites throughout the world-wide-web. Uncommon Grounds does not endorse, nor is it responsible for, the content of any such site.
3. Contract Vendors
Nothing contained in this Site or otherwise shall be construed to constitute the contract vendor referred to in this Site (e.g., the restaurant offering its goods and services through this Site) as a partner, employee or agent of Uncommon Grounds and neither Uncommon Grounds nor such contract vendor has the authority to bind the other in any respect whatsoever; each shall remain an independent contractor responsible for its own actions.
THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND UNCOMMON GROUNDS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNCOMMON GROUNDS CANNOT, AND DOES NOT, GUARANTEE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.
UNCOMMON GROUNDS DISCLAIMS ALL RESPONSIBILITY FOR ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, JUDGMENTS, OBLIGATIONS, COSTS AND EXPENSES, OF EVERY KIND IN ANY WAY ARISING OUT OF, RESULTING FROM OR RELATING TO USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF , RESULTING FROM OR RELATING TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) USE OF THIS SITE, (E) ANY GOODS OR SERVICES OFFERED BY ANY CONTRACT VENDOR THROUGH THIS SITE (E.G., THE RESTAURANT OFFERING ITS GOODS AND SERVICES THROUGH THIS SITE), (F) THE ACTS, ERRORS AND OMISSIONS, OR CONTENT OF ANY THIRD PARTY SITE THROUGH WHICH THIS SITE IS AVAILABLE, OR (VI) USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, UNCOMMON GROUNDS SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THE CONTRACT VENDORS REFERRED TO HEREIN (E.G., THE RESTAURANT OFFERING ITS GOODS AND SERVICES THROUGH THIS SITE); UNCOMMON GROUNDS IS NOT RESPONSIBLE, AND SHALL NOT BE LIABLE, FOR ANY GOODS OR SERVICES OFFERED BY ANY OF SUCH CONTRACT VENDORS.
5. Limitation of Liability
IN NO EVENT SHALL UNCOMMON GROUNDS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, IN ANY WAY ARISING OUT OF, RESULTING FROM OR RELATING TO YOUR USE OF THIS SITE OR ANY GOODS OR SERVICES OFFERED BY ANY CONTRACT VENDOR REFERRED TO HEREIN (E.G., THE RESTAURANT OFFERING ITS GOODS AND SERVICES THROUGH THIS SITE).
You agree to indemnify and hold Uncommon Grounds, its affiliates and their respective officers, directors, shareholders, employees, agents, successors and assigns harmless from, any and all claims, losses, damages, liabilities, judgments, obligations, costs and expenses (including without limitation legal fees and costs) imposed upon, entered against or incurred, suffered, sustained or required to be paid, directly or indirectly, by Uncommon Grounds, its affiliates and their respective officers, directors, shareholders, employees, agents, successors and assigns arising out of, resulting from or relating to your use of this Site.
These terms and condition shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You acknowledge and agree that the remedy at law for any violation of these terms and conditions is and will be insufficient and inadequate and that Uncommon Grounds shall be entitled to equitable relief, in addition to remedies at law. In connection therewith, you agree to waive the defense that there is an adequate remedy at law. You hereby consent to the personal jurisdiction of the State of New York, acknowledge that venue is proper in any federal or state court in the State of New York and agree that any action related to these terms and conditions must be brought in a federal of state court in the State of New York.
8. If You Do Not Agree
YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE IF ANY OF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU.