Terms & Conditions
CALIFORNIA FISH GRILL TERMS OF SERVICE
last updated: 7/28/2017
These Terms of Service (“Terms”) apply to your access to and use of the website (our “Site”) provided by California Fish Grill, LLC (“California Fish Grill,” “we” or “us”). The Terms also apply to each order (“Order”) you place for food, drinks, or other products made available through the Site (the “Products”). By accessing or using the Site, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 12, do not access or use our Site.
If you have any questions about these Terms or our Site, please contact us at firstname.lastname@example.org.
2 user accounts and account security
You must be at least 18 years of age (or the age of legal majority in the state where you reside) to access and use the Site. By accessing and using the Site, you represent that you have the right, authority and capacity to enter into this agreement with us. If you are accessing or using the Site on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3 terms of sale
You may use the Site to order Products for pick-up from one of our retail locations. To place an Order, you must have an online account with us.
Availability and Pricing. All Orders are subject to availability, and we reserve the right to impose limitations on any Order, or to reject all or any part of an Order, even after it has been placed. All prices displayed through the Site are subject to change without notice, but changes will not affect any Order that you have already placed.
Taxes. You are responsible for any sales, use, duty, or other governmental taxes or fees (“Taxes”) due with respect to your Order. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes to be collected at checkout. The actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Payment and Billing. By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information. If any portion of your Order is unavailable, we will only charge the prices, Taxes and other applicable fees associated with the portion of your Order that is available.
Refunds. Your satisfaction is our number one priority. If you are unsatisfied with our Products for any reason, please contact us within 48 hours of your Order at email@example.com and we will refund you the purchase price for that Order.
4 acceptable use
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Site. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user;
- Use our Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Site that you are not authorized to access;
- Develop or use any third-party applications that interact with our Site without our prior written consent, including any scripts designed to scrape or extract data from our Site;
- Bypass or ignore instructions contained in our robots.txt file, accessible at www.cafishgrill.com/robots.txt, that controls automated access to portions of our Site; or
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
5 limited license; copyright and trademark
Our Site and the text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “California Fish Grill Content”) are owned by or licensed to California Fish Grill and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, California Fish Grill and our licensors reserve all rights in and to our Site and the California Fish Grill Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Site and California Fish Grill Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Site or California Fish Grill Content; (b) copy, reproduce, distribute, publicly perform or publicly display California Fish Grill Content, except as expressly permitted by us or our licensors; (c) modify the California Fish Grill Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Site or California Fish Grill Content; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Site or California Fish Grill Content other than for their intended purposes. Any use of our Site or California Fish Grill Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
6 third-party content
We may display content, advertisements and promotions from third parties on the Site (collectively, "Third-Party Content"). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third-parties providing Third-Party Content are solely between you and such third-parties, and that California Fish Grill is not responsible or liable in any manner for such interactions or Third-Party Content.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about California Fish Grill or our Products or Site (collectively, “Feedback”), is non-confidential and will become the sole property of California Fish Grill. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless California Fish Grill and our officers, directors, agents, partners and employees (individually and collectively, the “California Fish Grill Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs ("Claims") arising out of or related to (a) your access to or use of our Site; (b) your Feedback; (c) your violation of these Terms; or (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights). You agree to promptly notify California Fish Grill Parties of any third-party Claims, cooperate with California Fish Grill Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the California Fish Grill Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and California Fish Grill or the other California Fish Grill Parties.
We do not control, endorse or take responsibility for any Third-Party Content available on or linked to by our Site.
Your use of our Site is at your sole risk. Our Site is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, California Fish Grill does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While California Fish Grill attempts to make your access to and use of our Site safe, we cannot and do not represent or warrant that our Site or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Site.
California Fish Grill does not guarantee the Products will meet your expectations. You are also solely responsible for knowing about any food allergies you may have and verifying the Products and their contents before using or consuming such Products. Further, you understand, acknowledge and agree that we store, cook and sell Products containing all eight (8) major U.S. allergens (milk, wheat, egg, soy, fish, shellfish, peanuts and treenuts) and cannot guarantee that cross-contamination will not occur between Products. We attempt to display the Products and information you view on our website, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error on our website, in an Order confirmation, in processing an Order or otherwise, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel your Order and issue you a refund. You further agree that the Products and other materials you receive in your Order may vary from the Products and materials displayed on the Site. The Site may contain information about Products that are not available in every location. A reference to a Product on the Site does not imply or guarantee that it is or will be available in your location or at the time of your Order.
10 limitation of liability
California Fish Grill and the other California Fish Grill Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if California Fish Grill or the other California Fish Grill Parties have been advised of the possibility of such damages.
The total liability of California Fish Grill and the other California Fish Grill Parties, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of the amount paid, if any, by you for any Order giving rise to the claim or $100.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of California Fish Grill or the other California Fish Grill Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release California Fish Grill and the other California Fish Grill Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the