PRIVACY AND PERSONAL INFORMATION
If you use the JB’s on the Beach Restaurant Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The JB’s on the Beach Restaurant Web site sells products to adults, who can purchase with a credit card. If you are under 18, you may use the JB’s on the Beach Restaurant Web site only with involvement of a parent or guardian. JB’s on the Beach Restaurant reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the JB’s on the Beachrestaurant.com domain name, the “JB’s on the Beach Website” or the “Website”) operated by YAFL Inc (“JB’s on the Beach”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”) AND THE TERMS AND CONDITIONS OF JB’s on the Beach’S PRIVACY NOTICE, WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the JB’s on the Beach Restaurant Website.
JB’s on the Beach RESTAURANT WEBSITE
A. JB’s on the Beach Restaurant hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without JB’s on the Beach Restaurant prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify JB’s on the Beach Restaurant immediately of any breach of security or unauthorized use of your account. Although JB’s on the Beach Restaurant will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of JB’s on the Beach Restaurant or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website in a manner that sends more request messages to the JB’s on the Beach Restaurant servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, JB’s on the Beach Restaurant grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. JB’s on the Beach Restaurant reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
A. The JB’s on the Beach Restaurant Website may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, JB’s on the Beach Restaurant does not guarantee any confidentiality with respect to any submissions. You agree that JB’s on the Beach Restaurant may publish your name and User Submission on the JB’s on the Beach Restaurant website or in other press releases or media items.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize JB’s on the Beach Restaurant to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Submissions become the property of JB’s on the Beach Restaurant and JB’s on the Beach Restaurant may use such submissions in any manner in the sole discretion of JB’s on the Beach Restaurant. For clarity, you retain all of your ownership rights in your other User Submissions. However, by submitting the User Submissions to JB’s on the Beach Restaurant, you hereby grant JB’s on the Beach Restaurant a perpetual worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and the JB’s on the Beach Restaurant (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JB’s on the Beach Restaurant all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage JB’s on the Beach Restaurant or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. JB’s on the Beach Restaurant does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and JB’s on the Beach Restaurant expressly disclaims any and all liability in connection with User Submissions. JB’s on the Beach Restaurant does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and JB’s on the Beach Restaurant will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. JB’s on the Beach Restaurant reserves the right to remove Content and User Submissions without prior notice. JB’s on the Beach Restaurant will also terminate a User’s access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Website. JB’s on the Beach Restaurant also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of in ellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. JB’s on the Beach Restaurant may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that JB’s on the Beach Restaurant is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against JB’s on the Beach Restaurant with respect thereto, and agree to indemnify and hold JB’s on the Beach Restaurant, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
YOU AGREE THAT YOUR USE OF THE JB’s on the Beach RESTAURANT WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JB’s on the Beach RESTAURANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JB’s on the Beach RESTAURANT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JB’s on the Beach RESTAURANT WEBSITE. JB’s on the Beach RESTAURANT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JB’s on the Beach RESTAURANT WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JB’s on the Beach RESTAURANT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JB’s on the Beach RESTAURANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JB’s on the Beach RESTAURANT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JB’s on the Beach RESTAURANT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by JB’s on the Beach Restaurant from its facilities in the United States of America. JB’s on the Beach Restaurant makes no representations that the JB’s on the Beach Restaurant Website is appropriate or available for use in other locations. Those who access or use the JB’s on the Beach Restaurant Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless JB’s on the Beach Restaurant, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and you use of the Website.
ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the JB’s on the Beach Restaurant Website is not intended for children under 13. If you are under 13 years of age, then please do not use the JB’s on the Beach Restaurant Website – there are lots of other great web sites for you.
Talk to your parents about what sites are appropriate for you.
You will earn rewards for every dollar spent, not include tax, delivery fee or any other fees. For every $50.00 (fifty dollars) you spent , your account will be credited in the amount of $5.00 (five dollars). Rewards may be redeemed only toward new purchases, not for cash. JB’s on the Beach Restaurant reserve the right to change the terms or cancel the reward program at any time, with no further notice.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JB’s on the Beach Restaurant without restriction.
You agree that: (i) the JB’s on the Beach Restaurant Website shall be deemed solely based in Florida; and (ii) the JB’s on the Beach Restaurant Website shall be deemed a passive website that does not give rise to personal jurisdiction over JB’s on the Beach Restaurant, either specific or general, in jurisdictions other than Florida. These Terms of Service shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. Any claim or dispute between you and JB’s on the Beach Restaurant that arises in whole or in part from the JB’s on the Beach Restaurant Website shall be decided exclusively by a court of competent jurisdiction located in Broward County, Florida. These Terms of Service, together with the JB’s on the Beach Restaurant Website Privacy Notice and any other legal notices published by JB’s on the Beach Restaurant on the Website, shall constitute the entire agreement between you and JB’s on the Beach Restaurant concerning the Website.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the failure by JB’s on the Beach Restaurant to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. JB’s on the Beach Restaurant reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.
Your use of the JB’s on the Beach Restaurant Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
YOU AND JB’s on the Beach RESTAURANT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JB’s on the Beach RESTAURANT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
All content is property of JB’s on the Beach Restaurant and may not be disseminated without expressed permission of JB’s on the Beach Restaurant.