This USER Agreement (the "Agreement") and the policies referred to herein contain the complete terms and conditions that apply to your use of the restaurant reservation services (the "Services") being offered at the URL: https://crcrs.jaredfernandez.com and all affiliated web sites owned and operated solely by Sample Hotel (collectively, the "Site"). As used in this Agreement, "Sample Hotel" refers to Sample Hotel and any of its subsidiaries, and "USER" or "you" refers to you. USE OF THE SERVICES AND THE SAMPLEHOTEL SITE CONSTITUTES KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THIS USER AGREEMENT, OUR PRIVACY POLICY, AND OUR TERMS AND CONDITIONS.
Sample Hotel may modify this Agreement's terms and conditions at any time without notice. Continued use of the Services and the Site after a change in this Agreement, a change in the Privacy Policy, or after implementation of any other new policy constitutes acceptance of such change or policy. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR ANY REVISED VERSION OF THIS AGREEMENT, PLEASE DO NOT USE THIS SITE. 1. WHAT WE DO This Site provides the Services to USER for the purpose of assisting USER in securing dining reservations at Sample Hotel's Restaurant Website (the "Restaurant"). In response to a USER's online request, the Site directly contacts the Restaurant's computerized database of reservations. The availability of reservations is determined at the time of USER's query. Once a reservation is made by USER, the Site will provide confirmation of the reservation to USER by e-mail. By using the Services, USER agrees to receive reservation confirmations by email after booking a reservation through the Site. 2. NO SHOW POLICY We are committed to providing superior quality services to our USERS. To assist us in maintaining a consistently high level of service with the Restaurant and patrons, USERS are asked to cancel any reservations that they will be unable to honor in accordance with the cancellation policy as stated on the confirmation e-mail of the reservation. You may cancel your reservation online or by calling the restaurant directly. If you are unable to keep your reservation and you fail to cancel, we will send you an email letting you know that our records indicate that you were a no-show. By using the Services, USER agrees to receive no-show confirmations by email after the system reports your reservation was not honored, whether or not that was in fact the case. If you receive a no-show confirmation email in error, please contact us for information on how to dispute it. The USER agrees that all final no-show determination will be made by Sample Hotel in its sole discretion. 3. PRIVACY POLICY We are committed to safeguarding your privacy online. Please review our privacy policy. 4. USAGE GUIDELINES The Services are being offered to USER for USER's personal use. USER agrees to use the Services and then honor those reservations by arriving at the Restaurant on time and ordering and paying for a meal. USER further agrees not to book more than one (1) reservation for USER's personal use during any one meal time (e.g., lunch, dinner, etc.). Resale or attempted resale of reservations is prohibited, and is grounds for, among other things, cancellation. Sample Hotel expressly reserves all its rights and remedies under applicable state and federal law. Any and all other uses which are unlawful or in violation of this Agreement's terms and conditions are prohibited. Sample Hotel reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel reservations. 5. E-MAIL POLICY You may receive periodic e-mails from Sample Hotel if you opted to receive such e-mail at the time of registration with the Site. If you would rather not receive e-mail from Sample Hotel, please send an e-mail to Jared@JaredFernandez.com with "Unsubscribe" in the subject line and you will be unsubscribed from receiving further mailings. USER acknowledges and agrees, however, that USER will still receive reservation confirmation e-mails, no-show confirmation e-mails, reservation change confirmation e-mails, reservation cancelation confirmation e-mails and other e-mails relating to reservations booked by USER through the Site, even if USER has opted not to receive periodic e-mail from Sample Hotel. While you cannot unsubscribe from all service messages, you may select not to receive future invitation emails by following the "unsubscribe" instructions provided. You will never receive email from any third party affiliated with Sample Hotel unless you have affirmatively opted to receive such e-mail. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent. 6. INTELLECTUAL PROPERTY AND GRANT OF RIGHTS TO USER The materials and services provided for and depicted on the Site are protected by copyright, trademark, patent and other intellectual property laws. All text, graphics, video, data or other content on the Site ("Content") is provided to USER by Sample Hotel for the sole purpose of using the Services. USER shall not copy, display, modify, create derivative works of, publish, or sell the Content or any information, software, or services provided by Sample Hotel hereunder. The Content may be modified from time to time by Sample Hotel in its sole discretion. Except as expressly set forth herein, no license is granted to USER for any other purpose, and any other use of the Services or the Content by USER shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of Sample Hotel or its licensors in the Services or Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Sample Hotel or any third party is granted under this Agreement. Nothing in this Agreement shall affect any rights of Sample Hotel or its licensors in the Services or Content, and any associated patents, trademarks, copyrights, mask work rights, trade secrets or other intellectual property rights. No license, right or interest in any trademarks of Sample Hotel or any third party is granted under this Agreement. 7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT At Sample Hotel's invitation, USER may submit reviews, comments, e-mails, and other communications; and submit suggestions, ideas, comments, questions, or other information for publication and distribution, so long as the content is not illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties or objectionable and does not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of "spam," or references to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., foreign objects in food, food poisoning, etc.). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Sample Hotel reserves the right (but not the obligation) to remove or edit such content, but may not regularly review submitted content. If you do submit material, and unless we indicate otherwise, you grant Sample Hotel a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Sample Hotel for all claims resulting from content you supply. Sample Hotel has the right but not the obligation to monitor and edit or remove any activity or content, including but not limited to content that violates the standards of this website, as determined by Sample Hotel in its sole discretion. Sample Hotel takes no responsibility and assumes no liability for any content submitted by you or any third party. 8. ACCESS AND INTERFERENCE Much of the information on the Site is updated on a real time basis and is proprietary or licensed to Sample Hotel. By using the Site, you agree not to:
9. LIABILITY LIMITATIONS IN NO EVENT SHALL SAMPLE HOTEL BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SERVICES, THE SITE OR THE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF THE RESTAURANT IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SAMPLE HOTEL SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR THE CONTENT. ASIDE FROM THE SERVICES PROVIDED ON THE SITE, SAMPLE HOTEL IS NOT LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S VISIT TO AN AFFILIATED RESTAURANT. 10. DISCLAIMER OF WARRANTY THE INFORMATION, PROGRAMS, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE SERVICES AND THE CONTENT, ARE PROVIDED TO USER ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. SAMPLE HOTEL DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE SITE, THE CONTENT AND RELATED MATERIALS PROVIDED HEREUNDER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. 11. DATA SECURITY Security offered on this site is based on a technology called Secure Socket Layer ("SSL"), which codifies communications between your computer and our website. If your computer admits this technology, your transaction will be automatically protected. Sample Hotel makes a genuine attempt to ensure the accuracy and quality of the content contained herein; however, Sample Hotel makes no warranty, express or implied, with respect to the quality, reliability, accuracy or freedom from error of this website or the information contained herein. Information in this site is subject to change without notice. Sample Hotel will not be liable for any incidental or consequential damages resulting from any changes, or from the furnishing, performance or use of this site. 12. LINKS TO THIRD PARTY SITES The Site may contain hypertext links to Web sites operated by parties other than Sample Hotel. Such hypertext links are provided for USER's reference only and Sample Hotel does not control such Web sites and is not responsible for their content. Sample Hotel's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. 13. SEVERABILITY If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. 14. NO ASSIGNMENT This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by USER, but may be so transferred, assigned or delegated by Sample Hotel. 15. WAIVER Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. 16. JURISDICTION This Agreement is made under and shall be governed by and construed in accordance with the laws of State of Louisiana, U.S.A., without regard to any choice of law provisions. The parties hereby consent to the jurisdiction of the state and federal courts located in Orleans Parish. |