TERMS OF USE: PLEASE READ THESE TERMS
CAREFULLY BEFORE USING THIS SITE
This web site is provided by Jack & Charlies Restaurant
("J&C") and may be used for informational purposes
only. By using the site or downloading materials from the site,
you agree to abide by the terms and conditions set forth in this
notice. If you do not agree to abide by these terms and conditions,
you may not use nor view the site for any purpose. The ability
to purchase goods and services via this website is not provided
by J&C but unrelated third parties that serve as transaction
providers. This website may be viewed only where it is lawful
to do so, any only by those who are legally eligible to view its
contents.
Limited License
J&C authorizes you to view and download the information ("Materials")
at this Web site ("Site") only for your personal, non-commercial
use. This authorization is not a transfer of title in the Materials
and copies of the Materials and is subject to the following restrictions:
1) you must retain, on all copies of the Materials downloaded,
all copyright and other proprietary notices contained in the Materials;
2) you may not modify the Materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use them
for any public or commercial purpose; and 3) you must not transfer
the Materials to any other person unless you give them notice
of, and they agree to accept, the obligations arising under these
terms and conditions of use. You agree to abide by all additional
restrictions displayed on the Site as it may be updated from time
to time. This Site, including all Materials, is copyrighted and
protected by worldwide copyright laws and treaty provisions. You
agree to comply with all copyright laws worldwide in your use
of this Site and to prevent any unauthorized copying of the Materials.
Except as expressly provided herein, J&C does not grant any
express or implied right to you under any patents, trademarks,
copyrights or trade secret information. Subject to the terms and
conditions set forth in this Agreement, J&C grants you a non-exclusive,
non-transferable, limited right to access, use and display this
site and the materials thereon. You agree not to interrupt or
attempt to interrupt the operation of the site in any way.
Third-Party Sites
As a convenience to you, J&C may provide on this Site links
to Web sites operated by other entities. If you use these sites,
you may leave this Site. If you decide to visit any linked site,
you do so at your own risk and it is your responsibility to take
all protective measures to guard against viruses or other destructive
elements. J&C makes no warranty or representation regarding,
and does not endorse, any linked Web sites or the information
appearing thereon or any of the products or services described
thereon. Links do not imply that J&C or this Site sponsors,
endorses, is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo or copyright symbol displayed
in or accessible through the links, or that any linked site is
authorized to use any trademark, trade name, logo or copyright
symbol of J&C or any of its affiliates or subsidiaries.
No Assurance of Accuracy
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE
SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS"
WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF
ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE MATERIALS
MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE VP DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE
RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION
DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT
ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE VP RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS
IN ANY PORTION OF THE SITE WITHOUT NOTICE. THE VP MAY MAKE ANY
OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME
WITHOUT NOTICE.
Information Provided By You
J&C does not want you to, and you should not, send any confidential
or proprietary information to J&C via the Site. You agree
that any information or materials that you or individuals acting
on your behalf provide to J&C will not be considered confidential
or proprietary. By providing any such information or materials
to J&C, you grant to J&C an unrestricted, irrevocable,
worldwide, royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information and materials,
and you further agree that J&C is free to use any ideas, concepts
or know-how that you or individuals acting on your behalf provide
to J&C. You further recognize that J&C does not want you
to, and you warrant that you shall not, provide any information
or materials to J&C that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that incorporates the proprietary
material of another.
Data Security
When you order products or services via our website, you are transferred
to a third-party service provider. In good faith, we believe this
third-party vendor employs SSL (Secure Sockets Layer) security
technology to encrypt information you provide. SSL is an industry-standard
protocol for encryption over the internet and we rely upon the
good faith of third-party vendors to protect transactions. Data
transmission over the internet is never 100% secure, and any information
including but not limited to names, addresses, phone numbers and
email addresses you provide via email is unencrypted. Within our
organization, we take steps to protect your personal information,
but in your selection of internet vendors and security settings
on your communication device, you also play a role in managing
your information. J&C cannot warrant nor guarantee the security
of any information you transmit to us. Therefore, you use our
site and its links at your own risk.
Privacy Policy / Your California Privacy Rights
J&C respects your privacy. We do not sell, rent, loan or transfer
any personal information regarding our customers to any unrelated
third parties. The information collected by J&C will not be
disclosed, sold or leased to any third party unless it is necessary
to do so to complete a transaction that you have specifically
authorized. J&C, from time to time, may use this information
for its marketing purposes. It may also be provided to law enforcement
or other government officials as required by law. To restrict
the use of your personal information in any way allowed by California
law, please write to us at Jack & Charlies Restaurant,
Attn: Privacy Policy, 204 East Oak Avenue, Visalia CA 93291.
Limitation of Damages
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VP FROM ALL CLAIMS
ARISING FROM YOUR USE OR ATTEMPTED USE OF THIS SITE. IN NO EVENT
SHALL THE VP OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE
TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
, PUNITIVE, CLASS-ACTION OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION
OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN
IF THE VP IS EXPRESSLY ADVISED OF THE POSSIBILITY OR ACTUALITY
OF SUCH DAMAGES.
Sales and Shipping Policy
When requested, and when shipping is available, we will dispatch
your purchases within five business days of the receipt of your
order via a common carrier of our choice. All purchases are subject
to credit card verification. Your credit card will not be charged
until your purchased is shipped. We will only to ship to addresses
eligible for our services. Alcoholic beverages will be shipped
only when lawful. Shipping charges vary by purchase, destination
and requested delivery date. Detailed information is available
at the time you place your order. Alcoholic beverages may be sold
and delivered only to persons who are at least 21 years of age,
and only for personal use, not for resale or trade. In placing
your order you represent to us that you are at least 21 years
of age and that the consignee of your order is also at least 21
years of age. We will require any common carrier to obtain an
adult signature at the time of delivery for any package containing
alcoholic beverages. The offer of alcoholic beverages via our
website is void anywhere prohibited by law.
Rejection of Any Transaction
THE J&C RESERVES THE RIGHT TO REJECT ANY TRANSACTION FOR ANY
REASON, AND THE VP WILL NOT BE OBLIGATED TO DISCLOSE ANY SUCH
REASON. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VP FROM ALL
CLAIMS ARISING FROM YOUR USE OR ATTEMPTED USE OF THIS SITE. IN
NO EVENT SHALL THE VP OR ANY OF ITS AFFILIATES OR SUBSIDIARIES
BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
, PUNITIVE, CLASS-ACTION OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION
OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN
IF THE VP IS EXPRESSLY ADVISED OF THE POSSIBILITY OR ACTUALITY
OF SUCH DAMAGES.
Refund Policy
Under California law, valid gift certificates do not expire. Concerns
about perishable food items and services purchased via this websites
links must be reported to J&C within 24 hours of delivery
and are not eligible for refunds but, in the event of a concern,
may be replaced with a transferable gift certificate valid for
any future purchase. Reports of damaged shipments should be directed
to the common carrier involved in the transaction.
Use of Site / Access By Minors
Because of the nature of our business, our products and services
are not designed to appeal to minors, and therefore we do not
knowingly attempt to solicit or receive any information from those
under 21 years of age. If we have reason to believe that information
is being provided by a person under the age of 21, we will not
collect the information. A parent or legal guardian of any minor
who has concerns about access to our site may write us at The
Vintage Press, Attn: Child Privacy, 204 East Oak Avenue, Visalia
CA 93291. As required by the Communications Decency Act of 1996,
J&C hereby notifies you that parental control protections
(such as computer hardware, software, or filtering services) are
commercially available that may assist you in limiting access
by minors. Among the many companies that provide Internet blocking
and screening software are CyberPatrol, NetNanny, SurfWatch, and
GuardOne. J&C does not sponsor or endorse any of these companies
or their services.
Applicable Law
These terms constitute the entire agreement between J&C and
you with respect to your use of the Site. Any cause of action
you may have with respect to your use of the Site must be commenced
within 30 days after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible
so as to affect the intent of the Agreement, and the remainder
of this Agreement shall continue in full force and effect.
Force Majeure
J&C will not be responsible for its performance under these
Terms of Service if J&C is prevented, forbidden or delayed
from performing, or omits to perform, any act or requirement by
reason of any provision of any present or future law or regulation
or order of the United States of America, or any state thereof;
any act or omission of a third party; or any act of God, emergency
condition, war, computer or telecommunications failure or other
circumstance beyond the control of J&C, whether J&C knew
or should have known of any condition.
Changes to this Agreement
J&C reserves the right, at its sole discretion and without
notice, to change, modify, add or remove any portion of this Agreement
in whole or in part, at any time. Changes in this Agreement will
be binding on all parties when the change is posted. Your continued
use of the Site after any changes are posted will be considered
acceptance of those changes. J&C may terminate, change, suspend
or discontinue any aspect of the J&C Site, including the availability
of any features of the Site, at any time. J&C may also impose
limits on certain features and services or restrict your access
to parts or all of the Site without notice or liability. J&C
may terminate the authorization, rights and license given above
and, upon such termination, you shall immediately destroy all
Materials.
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