TERMS & CONDITIONS
Santa Monica R Restaurant Association, Inc. may modify this Agreement at any time without notice, effective upon posting updated Terms to the Website. Your use of the Website constitutes your acceptance to the updated Terms. Santa Monica R Restaurant Association, Inc. has the right, but is not obligated, to strictly enforce the Terms through any legal means.
OWNERSHIP OF WEBSITE CONTENT
The Website is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. All content displayed on or through the Website including but not limited to videos, photos, blogs, forums, product descriptions, personal data, data sheets, FAQs is owned exclusively by Santa Monica R Restaurant Association, Inc. and/or its affiliated companies and/or suppliers and/or licensors and is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Website, any content on the Website or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of Santa Monica R Restaurant Association, Inc. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
LIMITED USE OF WEBSITE SERVICES
You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit other Website visitors or users to visit or become members of, subscribe to, or register with any commercial online service or other organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations, subject to this Agreement and the following restrictions:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Santa Monica R Restaurant Association, Inc.. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Santa Monica R Restaurant Association, Inc., another Santa Monica R Restaurant Association, Inc. user, or a third party.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their products or services. You agree that Santa Monica R Restaurant Association, Inc. reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Santa Monica R Restaurant Association, Inc..
Follow Brand Guidelines. The names ” Santa Monica R Restaurant Association, Inc.,” “The Birdcage,” our iconography, phrases, logos, and designs that we use in connection with Services we provide are trademarks, service marks, or trade dress of Santa Monica R Restaurant Association, Inc. in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Santa Monica R Restaurant Association, Inc. (not including your content or products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. Santa Monica R Restaurant Association, Inc. will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods, which describes how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
WARRANTIES AND LIMITATION OF LIABILITY
Items Purchased Through Our Sites. You understand that Santa Monica R Restaurant Association, Inc. cannot and does not make any warranties about your content, stores, or what you sell to your end customer that we may warehouse. Any legal claim related to a product your Customers purchase must be brought directly against you as the seller of the product. You release Santa Monica R Restaurant Association, Inc. from any claims related to products sold through our Services, including consideration for defective items, misrepresentations by you as a seller, or items that caused physical injury (like product liability claims) from warehoused goods.
Content You Access. Your customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Santa Monica R Restaurant Association, Inc. is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release Santa Monica R Restaurant Association, Inc. from all liability relating to that content.
Warranties. Santa Monica R Restaurant Association, Inc. is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
We do not guarantee any of the following: the Services will be secure or available at any particular time or location; any and all errors which is Santa Monica R Restaurant Association, Inc. responsible will be corrected; the Services will always be free of viruses or other harmful materials; or the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
SUBMISSIONS OF USER CONTENT
You acknowledge that you are responsible for any information, profiles, reviews, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to Santa Monica R Restaurant Association, Inc. or its vendors, on or through the Website or otherwise (“Submissions”), including User Content you agree to allow the use of on websites that are associated Santa Monica R Restaurant Association, Inc. and third party companies’ websites, including, for example, use of #Variant on a social networking platform. Such Submissions may be used on the Website and/or on other Santa Monica R Restaurant Association, Inc. products and/or marketing materials, including emails, social media and store signage. You may only make a Submission if you are 18 years of age or over. If your Submission is selected by Santa Monica R Restaurant Association, Inc. to be used, it may be displayed for other users to see, together with your name and associated social network profile information (such as your username and profile picture). Santa Monica R Restaurant Association, Inc. is under no obligation to display, feature or use any Submission, but may do so at its sole discretion.
Any Submission will be deemed as and treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein.
When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by Santa Monica R Restaurant Association, Inc. without restriction. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Santa Monica R Restaurant Association, Inc. reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Website or otherwise use the Submission. The Website may include the opinions, statements and other content of third parties. Santa Monica R Restaurant Association, Inc. is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Website are those of such third parties and not of Santa Monica R Restaurant Association, Inc., including its licensors and/or vendors, and Santa Monica R Restaurant Association, Inc. does not endorse any such opinions, statements, or materials.
You acknowledge and agree that Santa Monica R Restaurant Association, Inc. has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.
Any questions, comments, suggestions, or other information about Santa Monica R Restaurant Association, Inc. products or services submitted to Santa Monica R Restaurant Association, Inc. through this Website (“Feedback”) shall be deemed non-confidential and non-proprietary. Santa Monica R Restaurant Association, Inc. shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. Santa Monica R Restaurant Association, Inc. specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Website. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and Santa Monica R Restaurant Association, Inc. will not have any obligation or liability to you arising from Santa Monica R Restaurant Association, Inc.’s and/or any third party’s receipt or use of such information or material.
FEEDBACK AND USER CONTENT
You understand that all Feedback and User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such Feedback and User Content originated. You understand that Santa Monica R Restaurant Association, Inc. does not control, and is not responsible for Feedback and User Content made available through the Website and that by using the Website, you may be exposed to Feedback and User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Santa Monica R Restaurant Association, Inc. expressly disclaims any liability for such Feedback and User Content.
You agree that you must evaluate, and bear all risks associated with, the use of any Feedback and User Content. You further agree that you will not rely on said Feedback and User Content, and that under no circumstances will Santa Monica R Restaurant Association, Inc. be liable in any way for any Feedback and User Content or for any loss or damage of any kind incurred as a result of the use of any Feedback and User Content posted, emailed or otherwise made available. You acknowledge that Santa Monica R Restaurant Association, Inc. does not pre-screen or approve Feedback and User Content, but that Santa Monica R Restaurant Association, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Feedback and User Content for any reason.
Your interactions with organizations, events and/or individuals found on or through the Website are solely between you and such organizations and/or individuals. Santa Monica R Restaurant Association, Inc. expressly disclaims any liability for such organizations, events or individuals.
You agree not to transmit to Santa Monica R Restaurant Association, Inc. any information or post, email, or otherwise make any Submission of User Content that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (ii) is pornographic or depicts a human being engaged in actual sexual conduct; (iii) harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) impersonates any person or entity, including, but not limited to, a Santa Monica R Restaurant Association, Inc. employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (v) that includes personal or identifying information about another person without that person’s explicit consent; (vi) is false, deceptive, misleading, or deceitful; (vii) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Submissions that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; (ix) constitutes or contains any form of advertising or solicitation if posted in areas of the website which is not designated for such purposes or emailed to Santa Monica R Restaurant Association, Inc. users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests; (x) advertises any illegal service; (xi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; (xiii) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.
Additionally, you agree not to: (i) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; (ii) “stalk” or otherwise harass anyone through the website; (iii) collect personal data about other users for commercial or unlawful purposes; (iv) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the website; (v) post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable loads on our infrastructure; (vi) post any deceptive events; or (vii) attempt to gain unauthorized access to Santa Monica R Restaurant Association, Inc. computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Website.
ESTABLISHING AN ACCOUNT
Submissions and use of the Website are made available only to persons over the age of 18 and to persons who can form legally binding agreements under applicable law. Although users of all ages are welcome to browse the Website, the Website is not intended to be used by children under the age of 18 and children under the age of 18 are not to submit any personally identifying information through the Website. In addition, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you are required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
AVAILABILITY OF PRODUCTS, SERVICES, FEATURES AND CONTENT
All products, services, features and content available on or through the Website, including but not limited to prices and availability of such products and services, are subject to change and discontinuation at any time, in our sole discretion, without notice. We reserve the right, without prior notification, to limit the order quantity of any item and/or refuse service to any customer for any reason not prohibited by law.
The receipt of an e-mail order confirmation does not necessarily constitute acceptance of an order or a confirmation or an offer to sell. All orders are subject to Santa Monica R Restaurant Association, Inc.’s review and approval at Santa Monica R Restaurant Association, Inc.’s sole discretion. If Santa Monica R Restaurant Association, Inc. chooses to accept an order, such acceptance will be deemed upon shipment. Santa Monica R Restaurant Association, Inc. may, at its sole discretion, review an order either before or after the article has been manufactured. If Santa Monica R Restaurant Association, Inc. determines that the order violates any of the terms of this Agreement, Santa Monica R Restaurant Association, Inc. may, at its sole discretion, take any of the following actions: refuse to ship the order, destroy the article, notify you, and not provide a refund. You acknowledge that Santa Monica R Restaurant Association, Inc. is not obligated to pre-screen or approve Submissions. Santa Monica R Restaurant Association, Inc. shall have the right (but not the obligation) in its sole discretion to refuse, delete, or fulfill any order for any reason. Santa Monica R Restaurant Association, Inc. may refuse, delete, modify, edit or remove any Submissions at any time for any reason. Santa Monica R Restaurant Association, Inc. may terminate your access to the Website or your account at any time for violation of this Agreement or for any other reason. Santa Monica R Restaurant Association, Inc. reserves the right to reject any Submissions that violate the terms of this Agreement or which are otherwise unacceptable to Santa Monica R Restaurant Association, Inc.. If your Submission is not accepted, you may receive a notification and your order may be blocked from being submitted or may be cancelled. If you believe your Submission was rejected in error, you may contact our Customer Service department for further review.
PAYMENTS AND FEES
Santa Monica R Restaurant Association, Inc. may save User’s credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless the User notifies Santa Monica R Restaurant Association, Inc. through the Site. When you order a product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time (such when we have holiday sales or offer you discount of base product price). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an e-mail from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
In case of an unfounded chargeback, the User shall reimburse Santa Monica R Restaurant Association, Inc. for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse Service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the products ordered together with some information on your rights to return your goods. Payment of the total price plus taxes and delivery must be made in full before dispatch of your products.
Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only to Users over certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Santa Monica R Restaurant Association, Inc. at its sole discretion may change, suspend or discontinue these discounts at any time.
If the User is located in California, California tax rate is calculated as a percentage of retail price when it is provided to Santa Monica R Restaurant Association, Inc. by User. When retail price of goods is unknown, Santa Monica R Restaurant Association, Inc. calculates tax rate from Santa Monica R Restaurant Association, Inc. price plus 10% in accordance with California Regulation 1706 if goods are shipped to California.
The Website may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that Santa Monica R Restaurant Association, Inc. is not responsible for the unavailability of, or the content located on or through, any External Site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Santa Monica R Restaurant Association, Inc. trademarks displayed on this Website are trademarks or registered trademarks of Santa Monica R Restaurant Association, Inc. and its affiliated companies in the United States and/or internationally. All other trademarks are the sole property of their respective companies. All use prohibited without express written consent by the respective owner.
This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.
You agree and attest by accepting this Agreement and using our Services that you own all rights (including copyrights) for the content you post, or if you are not the owner, that you have express authority and written permission to use the content, and that you have all of the rights required to post the content. If your content infringes another person’s intellectual property, we will block it at our discretion.
COUNTER DMCA NOTIFICATIONS
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify the Santa Monica R Restaurant Association, Inc. agent for notice of claims of copyright infringement (“Copyright Agent”), at
Santa Monica R Restaurant Association, Inc., a California corporation, dba The Birdcage
327 S. Latigo Canyon Road
Malibu, California, 90265
You must provide our Agent with the following Notice:
- Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
- 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 declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Copyright registration for the material;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
If valid, Santa Monica R Restaurant Association, Inc. will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
When Santa Monica R Restaurant Association, Inc. removes, blocks or disables access in response to a notice, Santa Monica R Restaurant Association, Inc. makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of confirmed copyright infringement, provide information about counter notification.
If Santa Monica R Restaurant Association, Inc. receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Santa Monica R Restaurant Association, Inc. of this action. Santa Monica R Restaurant Association, Inc. sends a copy of the counter notice to the original complaining party.
Santa Monica R Restaurant Association, Inc. terminates account privileges of Users that are subject to repeat notices of intellectual property infringement in appropriate circumstances and at Santa Monica R Restaurant Association, Inc.’s discretion.
INAPPROPRIATE, FALSE OR MISLEADING CONTENT
This should be common sense, but there are certain types of content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND ANY MANUFACTURED ARTICLES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Santa Monica R Restaurant Association, Inc. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Santa Monica R Restaurant Association, Inc. DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION ON LIABILITY AND INDEMNITY OF Santa Monica R Restaurant Association, Inc.
UNDER NO CIRCUMSTANCES SHALL Santa Monica R Restaurant Association, Inc. BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Santa Monica R Restaurant Association, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, FROM MANUFACTURING ARTICLES FROM SUBMISSIONS MADE ON THE WEBSITE, FROM YOUR INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF CALIFORNIA. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD Santa Monica R Restaurant Association, Inc., ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS OR ANY THIRD PARTY SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE WEBSITE; YOUR VIOLATION OF THE AGREEMENT OR VIOLATIONS FROM THIRD PARTIES; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPY TO Santa Monica R Restaurant Association, Inc.’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT.
COMPLIANCE WITH APPLICABLE LAWS
This Website is operated, in whole or in part, from the United States. User access to this Website is governed by all applicable federal, state and local laws. All information available on the Website is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. All Santa Monica R Restaurant Association, Inc. products and publications are commercial in nature. Santa Monica R Restaurant Association, Inc. does not make any representations regarding the legality of access to or use of this Website or the information contained therein from other countries.
EXPORT CONTROL LAWS
DISPUTES AND ARBITRATION AGREEMENT
If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly. If your dispute is not resolved by Customer Service, before beginning arbitration, you must first send written notice describing the claim to the Office of the General Counsel at the following address:
Santa Monica R Restaurant Association, Inc.
ATTN: General Counsel
327 S. Latigo Canyon Road
Malibu, California 90265
If the claim has not been resolved within 60 days of receipt of the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling 877-495-4185.
The arbitration shall be governed by the California Arbitration Act (“CAA”) (California Code Civ. Proc., §1280 et seq.) in accordance with the commercial arbitration rules of America Arbitration Association (“AAA”) in effect at the time the arbitration commences. If the value of the relief sought is $10,000 or less, you or Santa Monica R Restaurant Association, Inc. may elect to have the arbitration conducted by telephone or based solely on written submissions (subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant); otherwise, the arbitration shall take place in Ventura County, California. The arbitration shall be governed by California law. All of the fees and costs of the arbitration shall be shared equally by the parties participating therein. Attendance at an in-person hearing may be made by telephone unless the arbitrator requires otherwise. Attorneys’ fees may be awarded to the prevailing party at the discretion of the arbitrator. The arbitrator shall neither have power to alter or amend this Agreement, nor power to award any relief inconsistent with the provisions herein or unavailable in a court of law, nor power to commit errors of law or legal reasoning. The arbitrator’s award shall, at a minimum, be a reasoned award. The arbitrator’s award may be appealed, and may be vacated or corrected on appeal, solely pursuant to the appellate arbitration rules of AAA in effect at the time the arbitration commences (“Appellate Rules”) and the arbitrator’s award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Thereafter, the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If for any reason a claim proceeds in court rather than in arbitration, you and Santa Monica R Restaurant Association, Inc. BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL.
CLASS ACTION WAIVER
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Santa Monica R Restaurant Association, Inc. further agree that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Sites. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in state or federal court in Ventura County in the state of California and the entirety of the foregoing arbitration provision shall be null and void except for the waiver of any right to a jury trial as set forth above; even in that case, the remainder of this Agreement shall remain in effect.
GOVERNING LAW; ENTIRE AGREEMENT
Santa Monica R Restaurant Association, Inc.
327 S. Latigo Canyon Road
Malibu, California 90265
© 2018 Santa Monica R Restaurant Association, Inc., a California corporation dba *The Birdcage ALL RIGHTS RESERVED