TERMS AND CONDITIONS
Welcome to California Tortilla Group, Inc.’s website (our “Site”). By accessing this Site or using any of the services offered on or through the Site (collectively with the Site, the “Services”), you agree to be bound by the terms and conditions below (and all other operating rules and/or policies of California Tortilla Group that may be published on this Site (collectively, the “Terms”). If you do not agree to the Terms, please do not use this Site. California Tortilla Group may from time to time modify the Terms by posting updates on the Site. Your use of this Site following any change constitutes your agreement to be bound by the changed Terms. Oh. – one more thing. WAKE UP!
California Tortilla Group hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use those portions of the Site and the Services accessible to the general public without a password or logon for your own personal research use, subject to these Terms. In order to use the Services, you must provide and maintain adequate communications and computer equipment and obtain access to the World Wide Web directly or through devices that access web-based content. You are responsible for paying any and all service fees associated with such access. California Tortilla Group provides the Services for users of the Site to provide information and products of California Tortilla Group and its affiliates.
California Tortilla Group may change, suspend or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. California Tortilla Group may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Certain areas of this Site may require registration and use of a password and user ID to access certain content, and will be subject to additional terms and conditions. The information contained on this Site is provided solely for general informational purposes and is not intended to provide a complete description of all terms, conditions and exclusions applicable to all of the products and services described. California Tortilla Group is not engaged in rendering legal, financial, investment or any other advice – we sell darn tasty burritos. Products and services referenced herein may not be available in all California Tortilla restaurants or in all jurisdictions. The information contained on these Site was believed to be accurate at the time it was posted and California Tortilla Group periodically updates the information on its Site. However, California Tortilla Group provides all information on its Site on an “as is” and “as available” basis and takes no responsibility for the timeliness, accuracy or applicability of the information.
You agree to provide California Tortilla Group current, complete, and accurate information, if required to complete an online job application or to request information (“User Data”) and to maintain and update this information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. If California Tortilla Group suspects that your User Data is not current, complete, or accurate, California Tortilla Group may pursue any appropriate legal remedies.
COPYRIGHT AND TRADEMARK NOTICE
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (collectively the “Content”) are protected under United States and international copyright laws and are the property of California Tortilla Group or its third party licensors. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, tradenames, or trade dress (collectively, “Marks”) of California Tortilla Group and its third party licensors. In particular, the tradenames, corporate names, trademarks and logos of our affiliated companies are among our family of valuable Marks. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of California Tortilla Group is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.California Tortilla Group requires users to respect its copyrights. We likewise respect the intellectual property of others. On notice, California Tortilla Group will act expeditiously to remove content on our Site which infringes the copyright rights of others and will disable the access to the Site and Services by any one who uses them to repeatedly infringe the intellectual property rights of others. If you believe that our Site contains elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
We welcome and appreciate your comments, suggestions and other submissions you disclose to us (collectively, “Comments”). By sending us your Comments, you grant California Tortilla Group and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights.
UNACCEPTABLE USE AND LINKING
You shall not restrict or inhibit any other user from using the Site. You shall not use the Site to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) distribute any harmful, vulgar, indecent, obscene, or otherwise illegal or objectionable material; (iii) spoof any third party, or forge, delete, or alter any part of TCP/IP packet header information in any e-mail; (iv) violate or attempt to violate, the security of the Site; (v) access materials not intended for you; (vi) log into a server or account which you are not authorized to access; or (vii) assist or permit any persons in engaging in any of the activities described above. We reserve the right to investigate and to involve law enforcement authorities for any alleged or actual illegal activities involving this Site. You shall not “deep-link” to this Site, meaning that you will not create, post, display, or distribute any link to any page other than the home page of a Site, unless specifically authorized by California Tortilla Group to do so. You shall not display the contents of the Site on another web page through framing or in-lining without California Tortilla Group’s express permission. The Site may contain links to third party Site. Your use of such third party Site will be subject to the terms and conditions posted on that web site. California Tortilla Group assumes no responsibility for content posted by any third party or any third party web site. The inclusion of any link on the Site does not imply an endorsement of that web site by California Tortilla Group. You acknowledge that your access or use of any third party site is at your own risk.
You are responsible for protecting against viruses, Trojan horses, or other computer programming routines intended to damage a computer’s functionality.
THIS SITE, ITS CONTENTS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. CALIFORNIA TORTILLA GROUP, INC. EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. CALIFORNIA TORTILLA GROUP DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify and hold California Tortilla Group and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site; (ii) violation of any of these Terms; or (iii) the infringement by you, or any other person using your password and account (if applicable), of any right of any person or entity.
LIMITATION OF LIABILITY
IN NO EVENT SHALL CALIFORNIA TORTILLA GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THESE SITE OR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THESE SITE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF CALIFORNIA TORTILLA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CALIFORNIA TORTILLA GROUP ‘s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
These Terms are governed by the laws of the State of Maryland without giving effect to any principles of conflicts of law. Subject to the dispute resolution terms below, any legal action between California Tortilla Group and you related to the Terms shall be brought exclusively in a court of competent jurisdiction sitting in Maryland.
Except with respect to violations of California Tortilla Group’s intellectual property or proprietary rights, and except with respect to suits brought against California Tortilla Group by third parties, you agree that any dispute involving California Tortilla Group shall be settled by arbitration in the Rockville, Maryland in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim of any other party. You agree that California Tortilla Group may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of California Tortilla Group pending the completion of arbitration.
If any provision of these Terms shall be found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any cause of action brought against California Tortilla Group, Inc. arising out of the Site or the Terms must commence within one (1) year after the cause of action arose. The Terms constitute the entire agreement between the parties.
California Tortilla Group may deliver notice to you under the Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. Mail to your address you provide (if any) to California Tortilla Group You may give notice to California Tortilla Group (except for claims of intellectual property infringement) anytime via electronic mail to email@example.com . If you have a legal claim, including a claim for intellectual property infringement, please do not send an email, but send a notice or letter, in writing, to: Mr. Robert Phillips, President, California Tortilla Group, Inc., 20 Courthouse Square, Suite 206, Rockville, Maryland 20850.
TERMINATION OR REVISION OF SERVICES
California Tortilla Group reserves the right, at any time, to modify, suspend, or discontinue the Site, without notice, at its sole discretion. Neither California Tortilla Group, its partners or affiliates shall be liable to you for any modification, suspension or discontinuance of the Site. California Tortilla Group may, in its sole discretion, refuse or restrict anyone from access to any or all of the Site at any time.