DON JUAN’S WEB SITE TERMS OF USE
THESE TERMS OF USE SET FORTH THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF DON JUAN’S WEBSITES (THE “WEB SITES”). BY USING THE WEB SITES YOU AGREE TO COMPLY WITH ALL OF THE TERMS OF USE SET FORTH HEREIN. THE RIGHT TO USE THE WEB SITE IS PERSONAL TO YOU AND IS NOT TRANSFERABLE TO ANY OTHER PERSON OR ENTITY.
INTELLECTUAL PROPERTY
CONTENT ON THIS WEB SITE, INCLUDING ART WORK, GRAPHICS, PHOTOGRAPHS, IMAGES, SCREEN SHOTS, TEXT, MUSIC, DIGITALLY DOWNLOADABLE FILES, VIDEO CLIPS, TRADEMARKS (INCLUDING THE DON JUAN’S BRAND), LOGOS, PRODUCT OR RESTAURANT NAMES, SLOGANS, AND ANY COMPILATIONS OF THE FOREGOING IS THE PROPERTY OF DON JUAN’S OR ITS LICENSEES (“WEB SITE CONTENT”), AND IS PROTECTED BY UNITED STATES AND OTHER COPYRIGHT, TRADEMARK, OR OTHER LAWS. YOU AGREE NOT TO COPY, DISTRIBUTE, TRANSMIT OR MODIFY THE WEB SITE CONTENT, WHETHER IN ELECTRONIC OR HARD COPY FORM, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF DON JUAN’S.
LINKS TO THIRD-PARTY WEB SITE
WE MAY PROVIDE HYPERLINKS TO THIRD-PARTY WEB SITES AS A CONVENIENCE TO USERS OF THE WEB SITE. WE DO NOT CONTROL SUCH THIRD-PARTY WEB SITES AND ARE NOT RESPONSIBLE FOR THE CONTENTS THEIR WEB SITES. WE DO NOT ENDORSE, RECOMMEND OR APPROVE ANY THIRD-PARTY WEB SITE HYPERLINKED FROM THE WEB SITE. YOU UNDERSTAND AND AGREE THAT WE WILL HAVE NO LIABILITY TO ANY ENTITY FOR THE CONTENT OR USE OF THE CONTENT AVAILABLE THROUGH SUCH HYPERLINK.
NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY
THE INFORMATION AND MATERIALS ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN. DON JUAN’S MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL DON JUAN’S BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1) THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE; (2) THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF DON JUAN’S ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DON JUAN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEB SITE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME, FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE WEB SITE AND ANY VIOLATION OF THESE TERMS BY YOU.
GOVERNING LAW AND JURISDICTION
THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. BY USING THIS SITE, YOU HEREBY AGREE THAT ANY AND ALL DISPUTES REGARDING THESE TERMS WILL BE SUBJECT TO THE FEDERAL, STATE AND LOCAL COURTS IN FLORIDA. THESE TERMS OPERATE TO THE FULLEST EXTENT PERMISSIBLE BY LAW. IF ANY PROVISION OF THESE TERMS IS UNLAWFUL, VOID OR UNENFORCEABLE, THAT PROVISION IS DEEMED SEVERABLE FROM THESE TERMS AND DOES NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
CHANGES TO THESE TERMS OF USE
DON JUAN’S SHALL HAVE THE RIGHT AT ANY TIME TO CHANGE THE TERMS OF THESE TERMS, OR CHANGE THE WEB SITE, INCLUDING ELIMINATING OR DISCONTINUING ANY CONTENT OR FEATURE OF THE WEB SITE, RESTRICTING THE HOURS OF AVAILABILITY, OR LIMITING THE AMOUNT OF USE PERMITTED. SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR DELETIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE THEREOF, WHICH MAY BE GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON THE WEB SITE, OR BY ELECTRONIC MAIL, OR BY CONVENTIONAL MAIL. YOUR USE OF THE WEB SITE AFTER SUCH NOTICE SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS, ADDITIONS, OR DELETIONS. YOU ARE EXPECTED TO REVIEW THESE TERMS PERIODICALLY TO ENSURE FAMILIARITY WITH THE MOST CURRENT VERSION.
NO PARTNERSHIP
BOTH YOU AND DON JUAN’S ACKNOWLEDGE AND AGREE THAT NO PARTNERSHIP IS FORMED AND NEITHER OF YOU NOR DON JUAN’S HAS THE POWER OR THE AUTHORITY TO OBLIGATE OR BIND THE OTHER. THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DON JUAN’S , AND IS ACCEPTED BY YOU UPON YOUR USE OF THE WEB SITE. THESE TERMS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND DON JUAN’S REGARDING THE USE OF THE WEB SITE.
NO WAIVER
THE FAILURE OF DON JUAN’S TO COMPLY WITH THE TERMS OF USE BECAUSE OF AN ACT OF GOD, WAR, FIRE, RIOT, TERRORISM, EARTHQUAKE, ACTIONS OF FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITIES OR FOR ANY OTHER REASON BEYOND THE REASONABLE CONTROL OF DON JUAN’S, SHALL NOT BE DEEMED A BREACH OF THESE TERMS. IF DON JUAN’S FAILS TO ACT WITH RESPECT TO YOUR BREACH OR ANYONE ELSE’S BREACH ON ANY OCCASION, DON JUAN’S IS NOT WAIVING ITS RIGHT TO ACT WITH RESPECT TO FUTURE OR SIMILAR BREACHES. IF ANY PROVISION OF THESE TERMS OF USE SHALL BE UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THESE TERMS OF USE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
HEADINGS
THE HEADINGS IN THESE TERMS ARE FOR YOUR CONVENIENCE AND REFERENCE. THESE HEADINGS DO NOT LIMIT OR AFFECT THESE TERMS. THESE TERMS, TOGETHER WITH THOSE ITEMS MADE A PART OF THESE TERMS BY REFERENCE, MAKE UP THE ENTIRE AGREEMENT BETWEEN US RELATING TO THE WEB SITE, AND REPLACES ANY PRIOR UNDERSTANDINGS OR AGREEMENTS (WHETHER ORAL OR WRITTEN) REGARDING THE WEB SITE. IF A COURT FINDS ANY OF THESE TERMS TO BE UNENFORCEABLE OR INVALID, THAT TERM WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE OTHER TERMS WILL REMAIN VALID AND ENFORCEABLE. THE WEB SITE AND ANY PROMOTIONS CONTAINED THEREON IS VOID WHERE PROHIBITED.
BINDING AGREEMENT
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND DON JUAN’S, AND CONSTITUTE THE ENTIRE AGREEMENT WITH RESPECT TO YOUR USE OF THIS WEB SITE. BY USING THE WEB SITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS, AND TO AGREE TO ADHERE TO THE PROVISIONS HEREIN.
