General Terms and Conditions of Use
Section 1 – Acceptance of the Terms and Conditions of Use
This Website is offered and available to users who are over the age of 13 older. If you do not meet all of these requirements, you must not access or use the Website, and you should immediately close all of your access to this Website.
Section 3 – Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
To access the Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Section 4 – Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, audio, and other works; and the design, selection and arrangement thereof), are exclusively owned by USHG IP, LLC, or by its licensors or other providers of such material. All such contents, features and functionality are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and USHG IP, LLC reserves all rights with respect to such intellectual property.
You must not reproduce, distribute, modify, create derivative works of, display, mirror, frame, scrape, extract, publicly perform, republish, download, store, decompile or disassemble or transmit any aspect of the Website or of the contents, features, or other material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may temporarily store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
We have the right, at any time, to claim the authorship of any content posted on the Website and to object to any use, distortion or other modification of such content.
The restaurant name, the restaurant logos, the image, appearance, décor, and style of our restaurants, along with all related names, logos, product and service names, designs and slogans, are registered and/or common law trademarks, trade dress, and service marks of USHG IP, LLC or its affiliates or licensors. You shall not use such marks without the prior written permission of the Company. You shall not use any keywords, metatags, meta-elements, hidden text or other equivalents using such marks, or any other colorable equivalent. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
We vigorously enforce our intellectual property rights to the fullest extent permitted by law. Accordingly, we will prosecute any unauthorized use or reproduction of our intellectual property, any of the content, databases used to store the content and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
Section 5 –Intellectual Property Infringement Complaints
If you believe that your intellectual property rights have been violated in any manner by the Website, please provide written notice of the same to email@example.com.
If notified of an allegation that the Website contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Website.
Section 6 – Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Website; or
- Use any search engine optimization techniques which are contrary to or in violation of the most current guidelines and acceptable practices published by industry-standard search engines, including, but not limited to, Google, Bing, Yahoo! and Ask.
Section 7 – Service Providers
Section 8 – Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or accessing any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Section 9 – Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes content provided by third-parties, including materials provided by other users and third-party licensors and service providers. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content expressly provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third-party, for the content or accuracy of any materials provided by any third-parties.
Section 10 – Changes to the Website
Section 11 – Linking to the Website and Social Media Features
You may link to our homepages, listed in Section 1 of these Terms, provided you do so in a way that is fair and legal, does not damage our reputation or take advantage of it, and clearly reflects our ownership of the Website, its content, and our services. You must not establish a link or use framing in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent.
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website;
- Send e-mails or other communications with certain content, or links to certain content, on the Website; and/or
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link to or from any website that is not owned by you;
- Charge to give access to a link to our website without our express consent;
- Collect a fee to place an order on one of our websites or on one of our affiliate websites without our express consent;
- Establish links or link schemes in any manner that violate the guidelines and accepted practices of industry-standard search engines; and/or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Section 12 – Links from the Website
Links to other sites contained on the Website are for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. If you decide to access any of the third-party websites linked from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not operate, control, monitor, endorse or guarantee the accuracy or quality of the content, services or goods provided on third party websites. We shall not be held liable, directly or indirectly, for the content of such websites or the policies adopted by them, including, without limitation, their privacy policies, or for any damages or injury resulting or arising from the content or access to such other websites.
Section 13 – Geographic Restrictions
The owner of the Website is based in the State of New York in the United States.
We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative, at your own risk, and you are responsible for compliance with any and all such local laws as may be applicable.
Section 14 – Terms of Sale; Release
Certain sections of the Website may allow you to purchase various items offered for sale by the Company (the “Items”). Your use of the Website, its content, and any transactions involving the purchase of Items on the Website or that are otherwise facilitated through use of the Website are at your own risk. As an express condition of your continued use of the Website, you acknowledge and agree that you are responsible for ensuring that any transactions comply with all applicable state, local, federal or international laws, rules, regulations, customs or requirements, and that the Company has no duty or obligation in that regard. You hereby release the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, attorneys, successors and assigns (collectively, the “Released Parties”), from any and all known and unknown claims, disputes, differences, liabilities, and obligations of any and every nature whatsoever that you may now have or hereinafter may have or claim against any one or more of the Released Parties arising from, based upon or related to your use of the Website, any Items and other information or content you view or purchase on the Website, or any transactions made or facilitated through your use of the Website, including, without limitation, any claims related to defects in or representations regarding Items, or cancellations or returns of Items (collectively, the “Released Claims”). You further acknowledge and agree that the Released Claims include, among other things, all claims arising out of or with respect to any and all transactions relating to the Website, based on any fact, act, inaction or other occurrence or nonoccurrence, now existing or hereinafter arising, including, without limitation, any breach of fiduciary duty or duty of fair dealing, breach of confidence, undue influence, duress, economic coercion, negligence, bad faith, violation of any other statute, ordinance or regulation, intentional or negligent infliction of mental or emotional distress, tortious interference with contractual relations or prospective business advantage, tortious interference with corporate governance, breach of contract, breach of any warranty of any kind, including, without limitation, any warranties, whether express or implied, statutory or otherwise, of merchantability, non-infringement and fitness for a particular purpose, product liability, bad practices, unfair competition, libel, slander, conspiracy, and all statutory claims and causes of action of every nature.
BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT YOU ARE GIVING UP ALL RIGHTS AND CLAIMS AGAINST THE COMPANY AND THE OTHER RELEASED PARTIES, KNOWN OR UNKNOWN, NOW EXISTING OR HEREINAFTER ARISING, THAT ARE IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE.
Section 15 – Disclaimer of Warranties, Obligations and Representations
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Section 16 – Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL OR EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES LINKED FROM THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT WE ARE FOUND LIABLE FOR ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH (I) THE WEBSITE POLICIES OR ANY OF THE FEATURES OR FUNCTIONALITIES OF THE SITE OR ITS CONTENT, OR YOUR USE OR INABILITY OF USE THEREOF, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR USE THEREOF OR ACCESS THERETO; OR (II) ANY PRODUCT SOLD THROUGH THE SITE, OUR LIABILITY SHALL BE STRICTLY LIMITED TO THE SALE PRICE OF THAT PRODUCT.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Section 18 – Indemnification
Section 19 – Governing Law and Jurisdiction
Section 20 – Limitation on Time to File Claims
Section 21 – Waiver and Severability
Section 22 – Entire Agreement
Section 23 - Digital Millennium Copyright Act
Notwithstanding anything to the contrary contained herein, if you are a copyright owner, or an agent thereof, and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our representative designated below with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive DMCA notices is: Legal@ushg.com.
If notified of an allegation that the Website contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Website, consistent with applicable law.
Section 24 – Miscellaneous
You agree that any notices the Company may be required by the applicable law to send to you will be effective upon the Company’s sending an e-mail message to the e-mail address you have on file with the Company or publishing such notices on the informational page(s) of the Website.
You acknowledge and agree that any and all misappropriation or misuse of the content or any other information contained on the Website will cause irreparable harm to us and that in such event money damages will not constitute sufficient compensation. Consequently, in the event that you, directly or indirectly, misappropriate or misuse the content or any other information contained on the Website, you specifically consent to us obtaining injunctive relief against you in addition to any other legal or financial remedies to which we may be entitled.
All requests for information, complaints or inquiries regarding orders, deliveries and purchases should be directed to: firstname.lastname@example.org.