TERMS OF USE

 

Effective: March 1, 2015

 

Acknowledgment and Acceptance of Terms of Use.

 

This website at www.joeleones.com (the “Site”) is operated by Joeleon Inc. and its affiliates (the “Company,” “we” or “us”).  Access and use of the Site is available only on the terms and conditions described in these terms of use (“Terms of Use”). BY USING THE SITE YOU AGREE TO BE BOUND BY THE TERMS OF USE AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. PLEASE REVIEW THE TERMS OF USE CAREFULLY.  By using the Site, you also represent that you are of legal age to form a binding agreement under the applicable laws of the United States or other jurisdictions.   If you do not agree to be bound by these Terms of Use, you should not use the Site.

 

Changes to the Terms of Use. The Terms of Use for this Site may be revised at any time by us, at our sole discretion, without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site.  Your continued use of the Site signifies your acceptance of the then in effect Terms of Use.

 

Intellectual Property Rights. All content on the Site, including but not limited to, visual interface, interactive features, organization, graphics, designs, videos, compilation, magnetic translation, transmissions, digital conversion and other materials appearing on the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”) which are owned by the Company, its licensors, clients, affiliates or other third parties. The Intellectual Property is protected by state and federal laws, and international conventions.

 

Limited License.  You are granted a limited license to access and view the Site and use the Intellectual Property solely for your own personal, non-commercial use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use.  No part of the Intellectual Property may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use or for your organization’s internal use for the purposes of sharing information about us. You do not acquire ownership or proprietary rights to any content, Intellectual Property, content, document or other materials viewed through the Site. All rights in the Intellectual Property are reserved to the Company or its licensors, clients, affiliates and other owners of such Intellectual Property.

You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules or security components.  Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

 

“Joeleon Inc.”, “Joe Leone’s”, “Joe Leone’s Italian Specialties”, “Joe Leone’s Catering”, “Joe Leone’s Gastronomia” and “Joe Leone’s Bakery” are trademarks and service marks of the Company or its affiliates. Other company names, as well as names of products and services, appearing on the Site may be trademarks of their respective owners.

 

Policy Concerning Children. Our Site is not intended for use by children under the age of 13.

 

Site Security Rules. Users are prohibited from violating or attempting to violate the security of the Site, or interfering with any other user’s access to, or use of, the Site.

 

We reserve the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Site as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

No Warranties or Representations by the Company. Each user assumes the responsibility for the use of any materials or information provided on or from this Site. The Company does not represent, guarantee or verify the truthfulness, accuracy, reliability or copyright status of information, content or materials presented on the Site.

 

Unsolicited Submissions. The Company does not accept or consider creative ideas, suggestions or materials. We ask that you do not submit or send such materials to us. If you send creative suggestions, ideas, notes, drawings, concepts, materials or other information (collectively, the “Information”) to us, except as part of any application for employment, despite our request that you not do so, you automatically grant to the Company, and its successors and assigns, a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, create derivative works from and distribute the Information you submit to us, or to incorporate the Information you submit to us, into any form, medium or technology now known or later developed throughout the universe. In addition, you warrant that all "moral rights" in the materials or suggestions you submit have been waived and agree that none of the Information shall be subject to any obligation of confidentiality on the part of the Company.

 

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE OR OF THE THIRD PARTY SITES.

 

ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED IN ANY ELECTRONIC FILE OR DOCUMENT IS DISCLAIMED.

 

WE DISCLAIM ANY DUTY OR OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. INFORMATION ABOUT OTHER COMPANIES SHOULD NOT BE RELIED UPON AS BEING PROVIDED OR ENDORSED BY THE COMPANY.

 

LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT COMPANY AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, “COMPANY PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS, USE (OR INABILITY TO USE), DATA OR OTHER INTANGIBLES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FROM TRANSACTIONS ENTERED INTO WITH THE COMPANY THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORESEEABLE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE.  THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Indemnification. You agree to indemnify and hold harmless the Company Parties and the Company’s independent contractors and partners, and their respective officers, directors, members, shareholders, employees, representatives and agents, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, your violation of the rights of any third party, or arising out of or relating to any Information submitted by you.

 

Links to Other Sites. The Site may contain links to other websites (“Third Party Sites”). We are not responsible for the content, accuracy or opinions expressed in such Third Party Sites, and such Third Party Sites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked site on our Site does not imply approval or endorsement of the linked site by us. If you leave our Site and access these Third Party Sites, you do so at your own risk.

 

Miscellaneous. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New Jersey, without regard to conflicts of law provisions. Each party hereto agrees to submit to the exclusive jurisdiction of the courts of the State and County of New Jersey and waives trial by jury and any objection based on forum non conveniens or venue. Any lawsuit arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All causes of action are subject to disclaimers, limitations and exclusions set forth above. If any provision(s) of the Terms of Use is held by a court of competent jurisdiction to be unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The section titles in the Terms of Use are used solely for the convenience of the parties and have no legal or contractual significance. The Terms of Use, including the Privacy Policy referenced herein, constitute your entire agreement with the Company. The Company reserves the right to make changes to the Site, these Terms of Use and its disclaimers and policies at any time. Our failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor the right to enforce such provision.

 

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on or through the Site or delivering them to you through email, if we have an email address for you. You may update your email address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format, and may do so by contacting us at info@joeleones.com.

 

You agree that these Terms of Use and our rights hereunder may be assigned, in whole or in part, by us or our  affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part.  You may not assign, sublicense, or delegate your rights hereunder.

 

 Contact us.  If you have questions or comments about these Terms of Use, please contact us at: info@joeleones.com or at:

 

 Joeleon Inc.

c/o Joe Leone’s

501 American Legion Way, Suite 1 

Pt. Pleasant Beach, NJ 08742

 

 

Copyright © 2015 Joeleon Inc. All rights reserved.

 

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