Terms & Conditions

Welcome to the Hilltop Tavern & Inn Terms of Use (“Terms of Use”). The Terms of Use you see below are important because they:

  • Outline your legal rights with regard to using the Hilltop Tavern & Inn website
  • Explain the rights you give to us when you use the Hilltop Tavern & Inn Website
  • Describe the rules everyone needs to follow when using Hilltop Tavern & Inn Website
  • Contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration
    These Terms of Use together with our Privacy Policy (found out https://hilltoptavernandinn.com/privacy-policy/) govern your use of the Hilltop Tavern & Inn website (the “Website”), including any content, functionality and services offered on or through the Website, and any Hilltop Tavern & Inn mobile applications (our “Applications” and together with the Website and services we provide through the Website and Applications, our “Site”) whether as a guest or a registered user, and govern your relationship with the owner of the Site, Hilltop Tavern & Inn and its affiliates (“Hilltop,” the “Company,” “we” or “us”).

Please read these Terms of Use carefully before you start to use the Site. By visiting the Site, or any page of the Site, and/or by using any Hilltop services provided through the Site, you demonstrate that you (i) have read these Terms of Use and our Privacy Policy, (ii) you understand them, (iii) you are 18 years or older, or you are at least 13 years old and have your parent or guardian’s consent to the Terms of Use and Privacy Policy, (iv) you live in the United States, (v) you have the power to enter into a binding contract with us and are not barred from doing so under any applicable laws, and (vi) you agree and acknowledge that these Terms of Use do constitute a binding contract between you and Hilltop and you will comply with and be bound and abide by these Terms of Use whether or not you create a Hilltop account. If you do not want to agree to these Terms of Use, you must not access or use the Site.

These Terms of Use are in addition to, and do not override, the specific terms and conditions that apply to the products or services offered by Hilltop and otherwise through the Site.

HILLTOP RESERVES THE RIGHT, AT ITS DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. PLEASE CHECK THESE TERMS OF USE AND THE PRIVACY POLICY PERIODICALLY FOR REVISIONS AND UPDATES. YOUR CONTINUED USE OF ANY SITE AFTER THE POSTING OF CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

LIMITED RIGHT TO USE
Hilltop hereby grants you the right to access and use the Site and the content provided by Hilltop . The following statements apply:

i. Any visitor to the Website may download, copy or transmit, solely within the United States, any portion of the material in the Website for informational and non-commercial personal purposes only.

ii. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.

iii. You agree not to modify, copy, translate, broadcast, perform, distribute, frame, reproduce, republish, download, display, post, transmit or sell any intellectual property or content appearing on the Website, including user generated content, without Hilltop’s prior written consent, unless it is your own user generated content that you legally post on the Website. You agree that you will not copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website unless otherwise permitted.

iv. You agree that you will not take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Website.

v. You agree that you will not remove, obscure, or alter Hilltop ’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site. No license to any Hilltop intellectual property has been granted by this site.

vi. Each copy of these materials must retain all copyright and other proprietary notices contained therein. The text, images, audio files, animation files, video files and any other content including customer input and their arrangement on this site are the property of Hilltop and subject to copyright and other intellectual property protection.

vii. No other use, copying or transmission, in whole or in part, of any material may be made without the express prior written permission of Hilltop .

viii. You agree not to use any data mining, robots, scraping or similar data gathering methods.

ix. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

AVAILABILITY OF SITE
Access to the Site is permitted at Hilltop s discretion. Hilltop reserves the right to withdraw, amend, or restrict the service provided on the Site without notice. Situations that could limit or reduce availability of the Site include, but are not limited to, inappropriate or unauthorized use, system maintenance, breach of the terms and conditions, or termination of a user’s relationship with Hilltop .

UNAUTHORIZED USES
You may use the Site only for lawful purposes and in accordance with these Terms of Use. Hilltop, in its sole discretion, may determine which uses of the Site are improper and/or unauthorized. Hilltop may take any appropriate action in response to unauthorized uses of the Site including but not limited to blocking any user of the Site. You agree not to use the Site to:

  • make fraudulent statements or other misrepresentations;
  • access, copy, transfer, transcode or re-transmit content in violation of any law or third party rights;
  • violate a legal duty to a third party;
  • transmit or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt,
  • destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intentionally violate any national or international statute, law, decree, rule and/or regulation; or
  • “stalk” or harass another person.

ACCESSING THE SITE AND ACCOUNT SECURITY
You may be required to create an account in order to use some features of the Site. To create a Hilltop account, you must use a valid email address registered to you and a unique password. Together, these make up your “Hilltop Login”. You will be able to change your Hilltop Login if you choose to after logging in. You’ll also be able reset your password if you forget it at any time.

You are responsible for making all arrangements necessary for you to have access to your account and for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

We have the right to disable any account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

By creating a Hilltop Login, you are agreeing to receive communications with product or service offers from Hilltop either by email, phone or direct mail. If you wish to be removed from these contact lists, please contact hilltoptavernvenue@gmail.com.

COPYRIGHT AND TRADEMARK
The entire contents of the Site, including but not limited to: text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations and software, are the property of Company, its content suppliers, affiliates or its clients and are protected by domestic and international trade dress, patent, copyright and trademark laws and various other intellectual property rights and unfair competition laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute any portion of the Site contents without our prior express written consent.

Hilltop, the Hilltop logo and all related names, logos, product and service names, designs and slogans are trademarks of Hilltop or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.

Your submissions of files, including, but not limited to: resumes, email, flash movies, images, logos, audio loops and other software hereby constitutes your agreement to grant us a nonexclusive, royalty-free, worldwide, sublicensable, perpetual license to reproduce, distribute, transmit, modify, adapt, sublicense and publicly display any such submissions. You also grant us the right to utilize your name in connection with all advertising, marketing and promotional materials related thereto.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

This Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
Please see the “Privacy Policy” hypertext link located at the bottom of the this Website regarding the collection and use of your personal information. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS FROM THE SITE
This Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the content of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and we make no representations regarding the content or accuracy of materials on the linked third-party websites. If you access any linked third-party websites, then you do so at your own risk.

GEOGRAPHIC RESTRICTIONS
We provide this Site for use only by persons located in the United States. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. The Company does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by U.S. Export Laws. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
NO WARRANTY. WE PROVIDE THIS SITE AND ITS CONTENT “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SITE, ANY CONTENT FROM THE SITE, OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH CASE PORTIONS OF THIS DISCLAIMER MAY NOT APPLY TO YOU.

IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THE SITE.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST HOUSECHECK OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCNTINUE USING THE SITE.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Company, its parent, affiliates, shareholders, agents, licensors, suppliers and any third-party information provider to this website, together with their officers, directors, owners, partners and employees, from and against all losses, expenses, damages and costs, including attorney’s fees, resulting from: (a) any violation of these Terms of Use (including negligent or wrongful conduct) by you; or (b) your use and access of the Site.

DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION AND VENUE

MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.
(a) You and Hilltop both agree that any and all disputes or claims arising out of or relating in any way to your use of the Site, including any question regarding the existence, validity, or termination of these Terms of Use, will be resolved by binding arbitration before a sole arbitrator, rather than in court, except that you may assert claims in small claims court if your claims qualify and Hilltop may pursue a collection action against you in court. This also includes any claims that arose before you accepted these Terms of Use, regardless of whether prior versions of the Terms of Use required arbitration. The Federal Arbitration Act (9 U.S.C. § 1 et seq.) and federal arbitration law apply to this arbitration agreement.

(b) Arbitration uses a neutral arbitrator instead of a judge and jury. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would. Arbitration procedures allow for more limited discovery, and court review of an arbitration award is limited.

(c) If you have a dispute and elect to seek arbitration or file a claim in small claims court, you must first send to Hilltop, by certified mail, a written notice of your claim that (a) describes the nature and basis of the claim or dispute; (b) sets forth the specific relief sought and (c) includes a physical address and email address where you may be reached (“Notice”). The Notice must be addressed to: General Counsel, Hilltop, 9544 Kiowa Rd. Apple Valley, CA 92308 (“Notice Address”). If Hilltop and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Hilltop may commence an arbitration proceeding or file a claim in small claims court. You may download or copy a form to initiate arbitration at www.adr.org.

(d) The arbitration will be governed by the AAA’s then current Consumer Arbitration Rules, as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In the event of any conflict between these Terms of Use and the AAA Consumer Arbitration Rules, the Terms of Use will apply.

(e) Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at any arbitration hearing.

(f) If your claim is for US$25,000 or less, you and Hilltop agree that you may choose whether the arbitration will be conducted solely on the basis of documents or through a telephonic hearing. If your claim exceeds US$25,000, the right to a hearing will be determined by the arbitrator. ANY IN-PERSON HEARING WILL OCCUR IN APPLE VALLEY, CALIFORNIA.

(g) You and Hilltop agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, representative, consolidated or mass action. You shall not join or consolidate claims or arbitrate or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity.

(h) Any arbitration will be confidential. Neither you, Hilltop, the AAA nor the arbitrator may disclose the existence, content (including any oral or written submissions), or results of any arbitration, except as may be required by law or for purposes of enforcing or challenging of the arbitration award.

(i) You may opt out of this dispute resolution procedure by providing written notice to Hilltop at the Notice Address no later than 30 calendar days from the date of your purchase of any applicable Hilltop services / products (or date of first use, in the case of free services). Such opt out will apply only to any services / products that you purchased or used and which you specifically identify in the notice; provided, however, it will not apply either retroactively or prospectively to any other services / products. If you purchase or use additional Hilltop services /products in the future and wish to opt out of this dispute resolution procedure for those services, / products you will have to submit a new written notice. Opting out of this dispute resolution procedure will not otherwise affect the coverage or applicability of these Terms of Use, or your ability to purchase or use services, in any way.

GOVERNING LAW
All matters relating to the Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

JURISDICTION AND VENUE
If for any reason a claim proceeds in court rather than in arbitration or small claims court, including if you opt out of the mandatory arbitration provision, we each waive any right to a jury trial and agree that any such proceeding shall be conducted only on an individual basis and not in a class, representative, consolidated or mass action. Under such circumstances, except for a collection action by Hilltop, you and Hilltop agree that jurisdiction and venue for all matters relating to these Terms of Use shall be vested exclusively in the state courts in San Bernardino County, California, or the U.S. District Court for District of California.

If any part of this section is found to be unenforceable, the remainder of this section shall still be given full force and effect.

LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY
No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT
The Terms of Use constitute the sole and entire agreement between you and Hilltop with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS
The Site is operated by Hilltop Tavern & Inn  9544 Kiowa Rd., Apple Valley, CA 92308. Many if not most communications between Company and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other communications exchanged between you and the Company electronically shall satisfy any legal requirements that such communications be in writing. Please direct all other feedback, comments, requests for technical support and other communications relating to the Site to hilltoptavernvenue@gmail.com