Terms and Conditions
Welcome to The Daily Grind Cafe! These terms and conditions outline the rules and regulations for the use of The Daily Grind Cafe's website, located at www.thedailygrindcafe-willowcreek.com.
By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use The Daily Grind Cafe's website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of California.
License to Use Website
Unless otherwise stated, The Daily Grind Cafe and/or its licensors own the intellectual property rights for all material on www.thedailygrindcafe-willowcreek.com. All intellectual property rights are reserved. You may view and/or print pages from www.thedailygrindcafe-willowcreek.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from www.thedailygrindcafe-willowcreek.com
- Sell, rent or sub-license material from www.thedailygrindcafe-willowcreek.com
- Reproduce, duplicate or copy material from www.thedailygrindcafe-willowcreek.com
- Redistribute content from The Daily Grind Cafe (unless content is specifically made for redistribution).
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without The Daily Grind Cafe's express written consent.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
By submitting your user content, you grant to The Daily Grind Cafe a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to The Daily Grind Cafe the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or The Daily Grind Cafe or a third party (in each case under any applicable law).
The Daily Grind Cafe reserves the right to edit or remove any material submitted to this website, or stored on The Daily Grind Cafe's servers, or hosted or published upon this website.
Limitations of Liability
The Daily Grind Cafe will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if The Daily Grind Cafe has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit The Daily Grind Cafe's liability in respect of any:
- Death or personal injury caused by The Daily Grind Cafe's negligence;
- Fraud or fraudulent misrepresentation on the part of The Daily Grind Cafe; or
- Matter which it would be illegal or unlawful for The Daily Grind Cafe to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, The Daily Grind Cafe has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against The Daily Grind Cafe's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Daily Grind Cafe's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as The Daily Grind Cafe.
Indemnity
You hereby indemnify The Daily Grind Cafe and undertake to keep The Daily Grind Cafe indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by The Daily Grind Cafe to a third party in settlement of a claim or dispute on the advice of The Daily Grind Cafe's legal advisers) incurred or suffered by The Daily Grind Cafe arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of These Terms and Conditions
Without prejudice to The Daily Grind Cafe's other rights under these terms and conditions, if you breach these terms and conditions in any way, The Daily Grind Cafe may take such action as The Daily Grind Cafe deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
The Daily Grind Cafe may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
The Daily Grind Cafe may transfer, sub-contract or otherwise deal with The Daily Grind Cafe's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions, together with The Daily Grind Cafe's Privacy Policy and Cookies Policy, constitute the entire agreement between you and The Daily Grind Cafe in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of California, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of California.
The Daily Grind Cafe Details
The Daily Grind Cafe is located at 123 Oak Street, Willow Creek, CA 91234. You can reach us by phone at (555) 123-4567 or by email at [email protected].