THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE "SITE") OF GARDEN FRESH RESTAURANT CORP. ("GARDEN FRESH") AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT GARDEN FRESH AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AND PROGRAMS DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER AGREE THAT GARDEN FRESH CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
GENERAL USE RESTRICTIONS
All information, documents, products, software, services, and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Garden Fresh or its licensees. Garden Fresh and its licensees shall own all right, title and interest to the Materials. You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.
Garden Fresh grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the Garden Fresh copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use and is not to be distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or reposted in any media. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials.
THIRD PARTY CONTENT
Certain information and content may be provided by third parties to Garden Fresh ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. GARDEN FRESH DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.
Without the prior written consent of Garden Fresh, you may not use any of Garden Fresh's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Garden Fresh; 2) cause confusion, mistake, or deception; 3) dilute Garden Fresh's trademarks or service marks; or 4) otherwise violate state or federal law.
You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Garden Fresh or its licensors, respectively.
LINKS TO THIRD PARTY WEBSITES
PASSWORD PROTECTED AREAS OF THE SITE
Certain areas of the Site are password restricted to registered users ("Password Protected Areas"). If you are a registered user of the Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Garden Fresh of any unauthorized use of your account or any other breach of security in relation to the Site known to you.
You acknowledge that any unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your email address or password. As such, you agree to hold Garden Fresh entirely harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Garden Fresh in relation to, arising from or for the purpose of avoiding any claim or demand brought by a third party that your use of the Site or the use of the Site by any person using your password or email address violates any applicable law or regulation, or the rights of any third party.
RESTRICTIONS ON MINORS
Some of the activities offered on this Site are restricted to participants 18 years or older, by way of example but not limitation, membership in Club Veg.
You acknowledge that you are responsible for any submissions you make to the Site, and that you, and not Garden Fresh, will have full responsibility for each such submission, including its legality, reliability, appropriateness, originality and compliance with copyright law. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of other or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition.
You must be eighteen (18) or over to register as a member of Club Veg. By registering as a member of Club Veg, you represent and warrant that you have the right, authority, and capacity to abide by all of these terms and conditions. Each member is allowed to have only one Club Veg membership. Garden Fresh allows only one person to use a registered email address.
As a Club Veg member, you may have the opportunity to participate in programs and to receive informational and promotional materials from Garden Fresh. Garden Fresh may change membership programs and privileges at any time. The current membership program includes, but is not limited to, communication regarding our menu, promotions, news, special offers, contests, surveys and newsletters.
MEMBERSHIP OBLIGATIONS AND RESTRICTIONS
You shall not use your membership to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) violate or attempt to violate, the security of the Site; (iii) access materials not intended for you; (iv) log into a server or account which you are not authorized to access; (v) disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of such solicitation; (vi) assist or permit any persons in engaging in any of the activities described above or (vii) interfere with another member's use and enjoyment of the Site.
TERMINATION OF MEMBERSHIP
You can terminate your membership in Club Veg by following the unsubscribe link in our email communication with you, or by emailing email@example.com. Garden Fresh reserves the right to terminate any Club Veg membership at any time, for any reason or no reason, with or without notice.
Garden Fresh Restaurant Corp.Â®, Sweet TomatoesÂ®, SouplantationÂ®, and all other marks designated as such are trademarks of Garden Fresh in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners. You may not remove or alter any trademark. You may not use any trademark displayed on the Site without the express prior written permission of Garden Fresh or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel, or otherwise, any right to use such trademarks.
All information and screens appearing on this Site including documents, products, software and services, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Garden Fresh, Copyright Â© 2006 Garden Fresh, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
GARDEN FRESH RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE GARDEN FRESH'S COPYRIGHT AGENT THE FOLLOWING INFORMATION:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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;
- 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.
Garden Fresh's Copyright Agent for notice of claims of copyright infringement on its website is as follows:
By mail: Garden Fresh Restaurant Corp.
Attention: Copyright Agent
15822 Bernardo Center Drive, Suite A
San Diego, CA 92127
By phone: (858) 675-1600
By email: firstname.lastname@example.org
DISCLAIMER OF WARRANTY
You acknowledge and agree that this Site may include certain errors, omissions, outdated information which may affect the quality of the Materials and the Third Party Content. You acknowledge that neither the Materials nor the Third Party Content have been independently verified or authenticated in whole or in part by Garden Fresh, and agree that Garden Fresh does not warrant the accuracy or timeliness of the Materials or the Third Party Content, and further agree that Garden Fresh has no liability for any errors or omissions in the Materials and the Third Party Content, whether provided by Garden Fresh or its licensors.
GARDEN FRESH, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARDEN FRESH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL GARDEN FRESH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF GARDEN FRESH HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Garden Fresh does not monitor your data or transmissions; yet, Garden Fresh does actively monitor overall Site usage for system utilization. You agree that if Garden Fresh becomes aware of inappropriate use of the Site or any Garden Fresh service, Garden Fresh may respond. You acknowledge that Garden Fresh will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Garden Fresh will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate these Terms, Garden Fresh reserves the right to terminate your access to the Site without notice.
Garden Fresh controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to export and import regulations of other countries in relation to the Materials.
Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions shall remain in full force and effect. The failure of Garden Fresh to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Garden Fresh in writing. The Terms comprise the entire agreement between you and Garden Fresh and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.