ACCEPTANCE OF TERMS
USE OF THE ONLINE SERVICES
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Online Services solely for your own noncommercial use. Any other use of materials on the Online Services, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of JP is strictly prohibited.
The Content and the Online Services, including the selection and arrangements thereof, are the copyrighted property of JP under the United States and other copyright laws and are the sole property of JP.
All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear within the Online Services are proprietary to JP and may only be used by JP and its licensees. You may not display or reproduce the Marks other than with the prior written consent of JP, and you may not remove or otherwise modify any trademark notices from any Content.
This Online Services may allow you to post or submit information in any form:
- By posting information, you hereby grant JP an unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use it. By doing so you disclaim any right to any compensation from JP in connection with JP’s exercise of its license rights in and to such information. By posting or submitting such information, you represent and warrant that you own or have a license to post it.
TERM & TERMINATION
LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA PAGES
The Online Services may contain links to other third-party websites, including the franchised operators of JP restaurants, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as “External Sites”). External Sites are provided only for your convenience. However, even if the third party is affiliated with JP, JP has no control over the External Sites, all of which have separate privacy and data collection practices, independent of JP. If you decide to visit any External Site, you do so at your own risk. JP and its affiliates have no responsibility or liability for any External Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from an External Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Site.
TRANSACTIONS WITH JP AND THIRD PARTIES
If you wish to make purchases through the Online Services or an External Site, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold JP liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.
In order to use Online Services made available through a mobile or tablet application (an “App”) you must have a compatible mobile device. JP does not warrant that the App will be compatible with your mobile device.
JP makes no warranties or representations about the accuracy or completeness of the Online Service’s content or the content of any External Sites. JP does not filter advertisements or other content that children may view through our Online Services or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JP, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, FRANCHISEES, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF JP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE ONLINE SERVICES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your use of the Online Services shall be governed in all respects by the laws of the State of California, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Online Services shall be in the state or federal courts located in California.
You must provide all notices or complaints to JP via email to email@example.com or mail at Juan Pollo Franchising, Attention: Legal Department, 383 S J St, San Bernardino, CA 92410.