- 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
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.
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 .
- 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.
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 email@example.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
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.
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.
DISPUTE RESOLUTION; GOVERNING LAW; JURISDICTION AND VENUE
MANDATORY BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT; CLASS ACTION WAIVER.
(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.
(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.
JURISDICTION AND VENUE
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
WAIVER AND SEVERABILITY
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 firstname.lastname@example.org.