The following terms and conditions govern all use of the restoworks.net website (the Website) and all content, services, and products available at or through the website. The Website is owned and operated by RestoWorks Inc. ("RestoWorks inc."). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules policies (Including, without limitation, RestoWorks Inc.'s Privacy Policy and procedures that may be published from time to time on this Site by RestoWorks Inc. (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by RestoWorks Inc., acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Content
You must not describe or assign keywords to your content misleadingly or unlawfully, inc. including in a manner intended to trade on the name or reputation of others, and RestoWorks Inc. may change or remove any description or keyword that it considers inappropriate or unlawful or otherwise likely to cause RestoWorks inc. liability. You must immediately notify RestoWorks Inc. of any unauthorized uses of your content, your account, or any other breaches of security. Childcare will not be liable for any acts or omissions by You, inc., including any damages of any kind, inc. cured as a result of such acts or omissions.
Responsibility Of Contributors
If you comment on material available by means of the Website (any such material, "Content"), post Content to the Website, post links on the Website, or otherwise make (or allow any third party to make) Content, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying, and use of the Content will not infringe the proprietary rights, inc., including but not limited to the copyright, patent, trademark, or trade secret rights of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, inc., including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content and have done all things necessary to pass through to end users any required terms successfully;
the Content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content;
The content is not spam, is not machine- or randomly generated and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to RestoWorks Inc., you grant RestoWorks Inc. a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content solely for the purpose of displaying, distributing, and promoting your content and RestoWorks inc.. If you delete Content, RestoWorks Inc. will use reasonable efforts to remove it from the Website. Still, you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, RestoWorks Inc. has the right (though not the obligation) to, in RestoWorks Inc.'s sole discretion, (i) refuse or remove any content that, in RestoWorks Inc.'s reasonable opinion, violates any RestoWorks inc. policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in RestoWorks inc.' sole discretion.
Content Posted On Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which restoworks.net links and that link to restoworks.net. RestoWorks Inc. does not have any control over those websites and webpages and is not responsible for their contents or their use. By linking to a non-RestoWorks Inc. website or webpage, RestoWorks Inc. does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RestoWorks Inc. disclaims any responsibility for any harm resulting from your use of non-RestoWorks Inc. websites and web pages.
Copyright Infringement And DMCA Policy
As RestoWorks Inc. asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Suppose you believe that material located on or linked to by restoworks.net violates your copyright. In that case, you are encouraged to notify RestoWorks Inc. in accordance with RestoWorks Inc.'s Digital Millennium Copyright Act ("DMCA") Policy. RestoWorks Inc. will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. RestoWorks Inc. will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RestoWorks Inc. or others.
Intellectual Property
This Agreement does not transfer from RestoWorks Inc. to you or any RestoWorks Inc. or third-party intellectual property. All rights, title, and interest in and to such property will remain (as between the parties) solely with RestoWorks Inc. RestoWorks Inc., restoworks.net, the restoworks.net logo, and all other trademarks, service marks, graphics, and logos used in connection with restoworks.net or the Website are trademarks or registered trademarks of RestoWorks inc. or RestoWorks inc.' licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RestoWorks Inc. or third-party trademarks.
Access
Subject to your compliance with these Terms of Service, RestoWorks Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of RestoWorks Inc. This license does not include any resale or commercial use of any RestoWorks Inc. services or their contents; any collection and use of any product listings, descriptions, or prices; any benchmark, product, or user data; any derivative use of RestoWorks Inc. or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Service are reserved and retained by RestoWorks Inc. or its licensors, suppliers, merchants, publishers, rightsholders, or other content providers. No RestoWorks Inc. service, nor any part of RestoWorks Inc., may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of RestoWorks Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of RestoWorks Inc. without express written consent. You may not use any meta tags or any other "hidden text" utilizing RestoWorks Inc.'s name or trademarks without the express written consent of RestoWorks Inc. You may not misuse RestoWorks Inc. You may use RestoWorks Inc. only as permitted by law. The licenses granted by RestoWorks Inc. terminate if you do not comply with these Terms of Service.
Changes
RestoWorks Inc. reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. RestoWorks Inc. may also, in the future, offer new services and/or features through the Website (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
RestoWorks Inc. may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your restoworks.net account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer Of Warranties
The Website is provided "as is". RestoWorks Inc. and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither RestoWorks Inc. nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your discretion and risk.
Limitation Of Liability
In no event will RestoWorks Inc., or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, inc. identical or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RestoWorks inc. under this agreement during the twelve (12) month period prior to the cause of action. RestoWorks Inc. shall have no liability for any failure or delay due to matters beyond their reasonable control. The preceding shall not apply to the extent prohibited by applicable law.
General Representation And Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the RestoWorks Inc. Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas regarding online conduct and acceptable content, and inc. including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless RestoWorks Inc., its contractors, its licensors, and their respective directors, officers, employees, and agents from and against any claims and expenses, inc. including attorneys" fees, arising out of your use of the Website, inc. including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between RestoWorks Inc. and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RestoWorks Inc. or by the posting by RestoWorks Inc. of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Texas, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Travis County, Texas. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, inc.. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Austin, Texas, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys" fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties" original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to and agrees to be bound by its terms and conditions; RestoWorks Inc. may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
