Effective Date: 03/28/23
You may also communicate with us via e-mail, postal mail, telephone, the mobile applications, our website, and other services. We may issue notices via these various channels, including by sending e-mails to an address you provide us. You agree that such notices shall have legal effect. You also agree that any notices sent by e-mail satisfy any requirement that notices be provided in writing. You may have the right to withdraw your consent to receive certain emails and notices from mobile applications, and, when required by law, we will provide you with paper copies of notices upon request. You agree that you may make such a request by contacting us at [email protected]. To receive, access, and retain certain notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in PDF format. Your device or computer must have the ability to print, or download and store, e-mails and PDF files. By accepting these terms, you confirm that you are able to receive, access, and retain the notices we may send. You may update your contact information through the Services.
You may not, without Artistry Restaurants’ prior written consent: (a) use bots, scripts, spiders, crawlers, software, or other tools, devices, or processes on the Services for any purpose, including but not limited to mining, scraping, accessing, or collecting designs or content available on the Services; or (b) use designs or content obtained from the Services for use in any other product, service, or offering, including but not limited to websites, mobile applications, or other digital services.
Artistry Restaurants does not permit copyright infringing activities on its Services. Artistry Restaurants abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we will remove materials if properly notified that such materials infringe on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content on our Services infringes upon your copyrights, you may submit a notification pursuant to the DMCA by sending an e-mail to [email protected].
Conduct and Security on the Services
You are not permitted to engage in any conduct that, as determined in our sole discretion, restricts, inhibits, or interferes with the ability of any other person to use or enjoy the Services. You may use the Services only for lawful purposes. You are prohibited from: (a) accessing or using the Services to collect information about users of the Services; (b) violating or attempting to violate the security of the Services; or (c) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Services or any activity conducted via the Services.
For the purposes of the Atlantic Beer and Oyster Website (AtlanticBeerandOyster.com) you may create a text-only hyperlink labeled “ABO Website” to our home pages only (AtlanticBeerandOyster.com). You are not permitted to use a link that “frames” our Services or that portrays Atlantic Beer and Oyster or Artistry Restaurants, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. Also, you may not use any other Atlantic Beer and Oyster or Artistry Restaurants logo, graphic or trademark as part of the link without our express written permission. Artistry Restaurants may revoke your right to link at any time for any reason.
User Content and Permitted Use of Services
Artistry Restaurants reserves the right, but not the obligation, to monitor use of the Services and the content that you and other users may post in certain areas. We further reserve the right, but not the obligation, to remove information and materials that we deem, in our sole discretion, to be objectionable. Subject to the terms of our Copyright Policy language above, Artistry Restaurants expressly disclaims any obligation or warranty to screen or remove objectionable materials. Artistry Restaurants further reserves the right to disclose any content, records, or electronic communications of any kind if we are required to do so by any law, regulation, or court order, or if such disclosure is necessary or appropriate to operate the Services or to protect Artistry Restaurants’ rights or property, or the rights of others, including our partners, affiliates, sponsors, providers, licensors, and merchants, or other persons that use the Services.
Information Provided on Our Services
We reserve the right, in our sole and absolutely discretion, to terminate your access to the website and Services or any portion thereof at any time, for any reason, without notice to you. This includes but is not limited to instances where you may show disregard for the Terms or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion.
ALTHOUGH ARTISTRY RESTAURANTS RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND AND THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ARTISTRY RESTAURANTS DOES NOT WARRANT THAT THE SERVICES OR ANY INFORMATION, CONTENT OR FUNCTIONALITIES OFFERED THROUGH THE SERVICES, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM ARTISTRY RESTAURANTS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTISTRY RESTAURANTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ARTISTRY RESTAURANTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SERVICES OR MATERIALS LINKED OR RELATED THERETO OR THEREFROM AND ALSO ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY INJURY, LOSS, CLAIM OR DAMAGE RELATING TO OR RESULTING FROM ANY PART OF THE SERVICES OPERATING OR NOT OPERATING ON COMPUTERS OR NETWORKS USED BY YOU OR COMMUNICATING WITH SUCH COMPUTERS OR NETWORKS.
You agree to hold harmless Artistry Restaurants and its respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Services or your inability to access or to use the Services or any other offerings rendered by Artistry Restaurants or its contractors in conjunction with the Services or your use of the Services.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN PENSACOLA, FLORIDA EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN WINTER PARK, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE ON THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
ARTISTRY RESTAURANTS AND YOU AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN WINTER PARK, FLORIDA.