Terms and Conditions
1. Acceptance of Terms
Welcome to the website of The Daily Grind Cafe ("we," "us," or "our"). By accessing and using our website, including any of its content and services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our website.
2. Use of Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
3. Intellectual Property
The content, layout, design, data, databases, and graphics on this website are protected by intellectual property laws and are owned by The Daily Grind Cafe or its licensors. Unless expressly permitted in writing, you may not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any information, software, products, or services obtained from this website.
The Daily Grind Cafe logo and all related marks are trademarks or service marks of The Daily Grind Cafe. You may not use these marks without our prior written permission.
4. User-Generated Content
If you post, upload, or otherwise submit any content to our website (e.g., reviews, comments, photos), you grant The Daily Grind Cafe a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, 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 post; 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 The Daily Grind Cafe for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content.
5. Disclaimer of Warranties
This website is provided on an "as is" and "as available" basis. The Daily Grind Cafe makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. You expressly agree that your use of this website is at your sole risk.
To the full extent permissible by applicable law, The Daily Grind Cafe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. The Daily Grind Cafe does not warrant that this website, its servers, or email sent from The Daily Grind Cafe are free of viruses or other harmful components. The Daily Grind Cafe will not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
6. Limitation of Liability
The Daily Grind Cafe will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of this website, whether based on contract, tort, strict liability, or otherwise, even if The Daily Grind Cafe has been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. Indemnification
You agree to indemnify, defend, and hold harmless The Daily Grind Cafe, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Los Angeles County, California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
9. Dispute Resolution
Any dispute arising out of or relating to these Terms or the use of our website shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Los Angeles County, California. The arbitrator's decision shall be final and binding on all parties. Each party shall bear its own costs of arbitration, but the parties shall share equally the arbitrator's fees.
10. Changes to Terms
The Daily Grind Cafe reserves the right to modify or revise these Terms at any time. We will post any changes to these Terms on our website. Your continued use of our website following the posting of any changes constitutes acceptance of those changes. It is your responsibility to review these Terms periodically for changes.
11. Contact Information
If you have any questions about these Terms, please contact us at:
The Daily Grind Cafe
456 Elm Street, Suite 200
Beverly Hills, CA 90210
Phone: (310) 555-2345
Email: legal@dailygrindcafe.com
12. Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms shall remain in full force and effect.
13. Entire Agreement
These Terms constitute the entire agreement between you and The Daily Grind Cafe relating to the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Daily Grind Cafe with respect to this website.
14. Termination
We may terminate or suspend your access to our website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.