Gracies on Webster maintains an Internet Website (the "Website") to
provide information on the food and services offered by Gracies on Webster. Access
to and use of this Website is subject to the following Terms and Conditions
of Use, including any modifications or additions to the Terms and Conditions
of Use which from time to time may be issued by Gracies on Webster (the "Terms"),
and all applicable laws and regulations.
Anyone who accesses this Website (the "User") is subject to these
Terms and Conditions.
Gracies on Webster shall have the right at any time, and from time to time, without prior notice, to modify the Terms or to impose new terms and conditions with respect to access to or use of this Website. Such modifications and additions shall be effective immediately upon notice thereof. Notice may be given by any means, including, without limitation, posting the modified or additional terms and conditions on this Website. Any access or use of this Website by a User after notice of modifications or additions to these Terms shall constitute and be deemed to be such User's agreement to such modifications or additions. Gracies on Webster also shall have the right to terminate this Website, or any User's right to access or use any portion of this Website, in the Galway Arm's sole discretion, at any time and without prior notice.
User agrees that any information or materials that User or individuals acting on User's behalf provide to Gracies on Webster will not be considered confidential or proprietary. By providing any such information or materials to Gracies on Webster, User grants to Gracies on Webster an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and User further agrees that Gracies on Webster is free to use any ideas, concepts or know-how that User or individuals acting on Users behalf provide to Gracies on Webster.
Each User hereby agrees that any recommendations of such User for the improvement of this Website shall be the sole property of Gracies on Webster.
The information and materials posted on this Website by Gracies on Webster may contain errors, omissions, or typographical errors or may be out of date. Gracies on Webster may change, delete, or update any posted information or materials at any time, from time to time, without prior notice. The information and materials posted on this Website are provided for informational purposes only and are not binding on Gracies on Webster in any way except as otherwise expressly agreed by Gracies on Webster in such information or materials.
THIS WEBSITE, THE INFORMATION AND MATERIALS ON THIS WEBSITE ARE PROVIDED TO USER AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON -INFRINGEMENT.
Without limiting the generality of the foregoing, (i) Gracies on Webster makes no warranties or representations whatsoever concerning this Website, the access to, or the availability or use of, this Website or any other Internet Website, the information, materials, records or documents from whatever source posted on or referred to in this Website or the content, accuracy, completeness or timeliness of such information, materials, records or documents, (ii) Gracies on Webster does not warrant or represent that User's access to, or use of, this Website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Website is, or the records, documents, software or files from whatever source available for use or downloading, are free of computer viruses or other harmful components.
UNDER NO CIRCUMSTANCES WILL GRACIES ON WEBSTER BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER BASED IN CONTRACT, TORT, OR OTHER LEGAL THEORY, ARISING IN ANY WAY OUT OF OR IN ANY WAY RELATED TO, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR THE CONTENTS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF GRACIES ON WEBSTER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES THAT USER'S ONLY REMEDY FOR ANY DISSATISFACTION WITH THIS WEBSITE SHALL BE TO DISCONTINUE USE OF THIS WEBSITE.
Unless otherwise noted, the trademarks, logos, and service marks used on this Website are owned by Gracies on Webster or by third parties that have licensed their use to Gracies on Webster. User may view and download these marks for informational purposes only as permitted by applicable copyright laws and must retain intact all copyright and other proprietary notices. Other use of these marks, except as specifically permitted in these Terms or this Website content or a writing signed by Gracies on Webster, is strictly prohibited.
User agrees to defend, indemnify, and hold harmless Gracies on Webster, its Affiliates and Subsidiaries, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to User's breach of the Terms or User's access to or use of this Website. The foregoing indemnification obligation shall survive termination of the Terms and this Website.