The Rustic Canyon Family of Restaurants is a portfolio of affiliated restaurants that own, operate and provide websites including www.rusticcanyonfamily.com, www.rusticcanyonrestaurant.com, www.huckleberrycafe.com, www.sweetrosecreamery.com, www.miloandolive.com, www.cassiala.com, www.esterswineshop.com, www.tallulasrestaurant.com, www.birdiegsla.com and www.thedutchessojai.com (“Affiliated Websites”)
The Affiliated Websites enable you to view products and/or services provided by the Affiliated Restaurants, enable you to register to receive information from certain Affiliated Restaurants regarding our products and services, enable you to place food orders and/or enable you to make requests for private dining reservations.
Note that menu items/products/wines shown on any of the Affiliated Websites are representative only and may change based on availability. The Affiliated Restaurants are not responsible if menu items/products/wines are not available at any particular time.
Our Websites are not Intended for Children
The Affiliated Websites are intended to be used by adults only, and are not intended to be used by children. No one under the age of eighteen (18) may register on or purchase items through the Affiliated Websites, and by registering for and using any of the Affiliated Websites, you are certifying that you are not under eighteen (18) years of age. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).
Because the Internet is an evolving medium, from time to time we will change, or make improvements to the products, services, and features included on the Affiliated Websites. Such changes and/or improvements shall be made without notice to you.
You must not use any of the Affiliated Websites: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to the Affiliated Websites , or disobey any requirements, procedures, policies or regulations of networks connected to the Affiliated Websites.
Permission is hereby granted to the extent necessary to lawfully access and use each of the Affiliated Websites and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Affiliated Websites on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
We neither warrant nor represent that use of content displayed on any of the Affiliated Websites will not infringe rights of third parties not owned by or affiliated with the Affiliated Restaurants.
Unless otherwise indicated, the Affiliated Websites and the design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Affiliated Websites are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of the Affiliated Restaurants or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
You acknowledge that the Affiliated Restaurants own all right, title and interest in and to all of the information on each of the respective Affiliated Websites, and all underlying software and technology, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Certain of the names, logos, and other materials displayed on the Affiliated Websites constitute trademarks, tradenames, service marks or logos (“Marks”) of the Affiliated Restaurants or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those Affiliate Restaurants or other entities.
COPYRIGHTS; RESTRICTIONS ON USE.
Linking to the Affiliated Websites
You may link to the homepage of any of the Affiliated Websites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Rustic Canyon Contact Information
Rustic Canyon Family
826 Pico Blvd, Santa Monica, CA 90405
By email: email@example.com
Limitation of Liability and Disclaimer of Warranties
When using any of the Affiliated Websites, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Affiliated Websites.
YOU EXPRESSLY AGREE THAT USE OF THE AFFILIATED WEBSITES IS AT YOUR SOLE RISK. ACCESS TO THE AFFILIATED WEBSITES, AND EACH WEBSITES’ CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE AFFILIATED RESTAURANTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE AFFILIATED WEBSITES OR THE PRODUCTS SOLD THEREBY OR WITH RESPECT TO ANY WEBSITE TO WHICH THE AFFILIATED WEBSITES IS LINKED. THE AFFILIATED RESTAURANTS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE AFFILIATED WEBSITES, (ii) THE QUALITY AND SECURITY OF THE AFFILIATED WEBSITES, OR (iii) THE INABILITY TO ACCESS THE AFFILIATED WEBSITES OR EACH WEBSITES’ CONTENT, INCLUDING WHETHER THE AFFILIATED WEBSITES WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE AFFILIATED WEBSITES. WHEN USING THE AFFILIATED WEBSITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF THE AFFILIATED RESTAURANTS. ACCORDINGLY, THE AFFILIATED RESTAURANTS ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE AFFILIATED WEBSITES, AND YOU (AND NOT THE AFFILIATED RESTAURANTS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Limitation of Damages and Remedies
Reservation of Rights
The Affiliated Restaurants reserve all rights not expressly granted to you herein.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with any of the Affiliated Restaurants, including without limitation any claim involving any of the Affiliated Restaurants or any restaurants’ parent company, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the State of California, including, without limitation, the United States District Court for the Central District of California, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
Severability and Non-Waiver