Seattle Organic Restaurants

Terms Of Use. Terms Of Service.

Please Read This Terms of Use Agreement Carefully Before Using This Site (SeattleOrganicRestaurants.com). This Terms Of Use Agreement is effective on December, 2012, for current users, and upon acceptance for new users. PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE OR SIGNING UP FOR SERVICES OR REGISTERING FOR MEMBERSHIP OR ADVERTISING ON THIS WEBSITE (SEATTLEORGANICRESTAURANTS.COM). YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THE CONTENT OF THIS TERMS OF USE AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU DISAGREE THEN YOU SHOULD IMMEDIATELY STOP USING THIS SITE OR ITS CONTENT, OR FEATURES OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ALL IDEAS, COMMENTS, ARTICLES, AND SUGGESTIONS MADE BY ANY AND ALL PARTIES ON THE SITE ARE MADE AND ARE THE VIEWS OF THE WRITERS THEMSELVES, AND NOT THE WEBSITE OWNERS OR ORGANIZERS AND ALL THEIR INFORMATION, IDEAS, SUGGESTIONS, AND RECOMMENDATIONS ARE PROVIDED WITHOUT ANY WARRANTIES OR GUARANTEES AND ARE PROTECTED BY FREEDOM OF SPEECH, RECOGNIZED AS HUMAN RIGHT UNDER ARTICLE 19 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AS STATED IN INTERNATIONAL HUMAN RIGHTS LAW IN THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS AND THEREFORE YOU WILL USE ALL THE INFORMATION PROVIDED, THE IDEAS, COMMENTS, AND SUGGESTIONS COMPLETELY AT YOUR OWN RISK AND WILL OBTAIN LEGAL ADVICE FROM QUALIFIED ATTORNEYS AND MEDICAL AND NUTRITIONAL ADVICE FROM QUALIFIED PROFESSIONALS AND MEDICAL DOCTORS AND EXPERTS AND FURTHER ACKNOWLEDGE AND AGREE THAT SEATTLEORGANICRESTAURANTS.COM AND ITS ORGANIZERS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS AND THAT YOU NOT HOLD THE SITE OWNERS OR ITS ORGANIZERS LIABLE FOR ANY DAMAGES WHATSOEVER CAUSED BY THE INFORMATION PROVIDED HERE AND THAT YOU ACKNOWLEDGE AND ACCEPT THAT YOU ARE USING THE SITE AND ITS FEATURES AND SERVICES COMPLETELY AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE OBTAINED EITHER DIRECTLY OR INDIRECTLY.

1. Acknowledgement and Acceptance of Terms of Use and Its Modification This Terms Of Use Agreement is between you ("you", "your"), as an authorized user of the SeattleOrganicRestaurants.com Website, and, SeattleOrganicRestaurants.com or its subsidiaries (the "Site" or “our”, "we" or “us”). For purposes of this Agreement, "Services" is defined as any and all services provided by the Site to you either now or in the future and "User Account" is defined as the account through which you access the Site. This Terms Of Use Agreement, together with any operating rules, policies, price schedules or other supplemental documents published from time to time by the Site (collectively, the "Agreement"), constitutes the entire agreement between the us and you regarding the Site, and supersedes all prior agreements between us and you regarding the subject matter of this Agreement. By using the Site, you confirm your acceptance of, and agree to be bound by, this Agreement. If you are using the Site on behalf of another party (“third party”), you represent that you are authorized to accept this Agreement on third party’s behalf. We may automatically amend this Agreement at any time by posting a revised Agreement on the Site, and under no circumstances shall we be liable to send information regarding the amendment to the you in further communication, in advance or otherwise, although we may, completely at our own discretion, choose to send notice of amendment to email address you provided to us during registration. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SITE AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. We reserve the right to modify or discontinue any of the features of the Site with or without notice to you and we shall not be liable to you or any third party should we exercise our right to do so. Unless explicitly stated otherwise, this Agreement will govern the use of the Site, its membership services, registration and email communication with registered users, and any new features that augment or enhance the current Site, including but not limited to the release of new features on the Site. In the case of any violation of this Agreement, we reserve the right to seek all remedies available by law and in equity. You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be responsible for your use of the Site (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement. For Canadian Users: Please note that when you place an order to purchase on this Website, it constitutes an offer to purchase and remains subject to our acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase. If you begin, but fail to complete the sign up process for Site, we may contact you in an effort to help you sign up for the member services as a registered user or another service provided by us. You hereby authorize us to make such contact, by email or by phone even if you ultimately determine not to sign up for any of the services provided by us.

2. Using the Site, Registration for Member Services You must create a user account and provide certain information about yourself in order to use some of the features that are offered through the Site, including weekly newsletter and latest coupon release emails. You must be at least 18 years old to register for an account. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason, completely at our own discretion without any notice. You may use the Site subject to the restrictions in these Terms of Use and subject to your acknowledgement and acceptance that any such use of the Site is completely at your own risk, including the risk that you might be exposed to inaccurate content provided by other users, by restaurant owners, or content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Since this Site is provided AS IS and WITHOUT any warranties or guarantees you acknowledge and accept that you are solely responsible for the correct interpretation of the content displayed and will use due diligence to protect yourself against all possible harm and will seek legal advice before you apply any content on display to ensure your protection and safety. We do not accept any responsibility for the content and its accuracy or its implications as it is impossible for us to moderate the content and therefore refuse to accept any liability or responsibility for the content or its accuracy or its validity. The Site may be modified, suspended, merged, updated, interrupted, or discontinued at any time without notice or liability. By registering for an account, you agree to receive certain communications in connection with the Site which may included, among others, newsletters, coupons, specials, holiday menus, or other communication regarding our content and the Site’s features and services. Weekly newsletters are opted in when you agree to register for an account through the Site. Once you are registered with the Site, your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself in order to use the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you on the Site.

3. Legal proceedings as a result of dispute. YOU ACKNOWLEDGE AND AGREE TO A COMPLETE WAIVER OF JURY TRIAL. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. IN NO EVENT SHALL SEATTLEORGANICRESTAURANTS.COM SITE, OR ITS OWNERS, OR ITS ORGANIZERS OR ANY ASSOCIATE BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR FROM ANY DAMAGES CAUSED BY THE INFORMATION PROVIDED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

4. No Endorsement of restaurants, coupons, promotions, nor content provided by restaurant owners or customers or visitors The content available through the Site may include materials that belong to third parties, including restaurant owners or their marketing and promotions agents. We also obtain business addresses, phone numbers and other contact information from published lists or the owners themselves and/or other service providers and advocacy groups who may obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Site. We do not screen or investigate third party material before or after including them on our Site. Although from time to time we review the site content, or may use our experts to visit the restaurants and obtain further information or review their facility and/or their amenities, we reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Site, but shall not be liable for any delay or inaccuracies related to such updates. We shall not be held responsible or accountable in any way, shape, or form for the content or the quality of restaurant owners’ information or food quality or the conditions of their premises. Third party content, including those posted by our users, do not reflect our views or that of our parent, subsidiary, affiliated companies, employees, officers, directors, or shareholders in any way, shape, or form. In addition, none of the content available through the Site are endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of the content on our Site or any third party content on reference sites or restaurant owner’s sites. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Site, any Third Party websites or the materials contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

5. Indemnification You acknowledge and agree to indemnify, defend, and hold harmless us and our affiliates, subsidiaries, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to any and all content on the Site and/or your use of the Site, or products or services included or advertised in the Site. You also acknowledge and agree to indemnify, defend, and hold harmless us and all of our associates as mentioned in this paragraph for your breach of these Terms as stated in this Terms Of Use.

6. Governing Laws The Terms as stated here in this Terms Of Use are governed exclusively by the laws of the State of Washington and the United States. Any controversy or claim relating to these Terms or the Site or its content shall be submitted to our offices for review, either by email, online form, or by mail which you can obtain through email. You consent to the exclusive jurisdiction of the choice of venue in State of Washington. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.

7. Disclaimer of Warranties THE SITE AND ITS SOFTWARE AND SERVICES AND FEATURES ARE PROVIDED "AS IS," AND NEITHER THE SITE OWNERS NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS ("PROVIDERS") MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. THE SITE AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS. NEITHER THE COMPANY NOR ITS PROVIDERS WARRANT THAT ACCESS TO OR USE OF THE SITE FEATURES AND/OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR ITS CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE SERVICES OR SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

8. Limitation of Liability YOUR USE OF THE SITE AND ITS FEATURES AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE OBTAINED EITHER DIRECTLY OR INDIRECTLY. YOU AGREE THAT NEITHER THE SITE OWNERS NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR ITS SERVICES. NEITHER THE COMPANY NOR ANY OF ITS SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WHETHER WITHIN OR OUTSIDE THE SITE'S OR ANY SUCH SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF SERVICES. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO THE SITE, ITS CONTENT, FEATURES AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE SITE AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SITE AND ITS CONTENT AND SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SITE, ITS CONTENT OR ITS SERVICES. YOU HEREBY RELEASE THE SITE AND ITS OWNERS AND EACH OF ITS SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

 

 

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