TERMS AND CONDITIONS:
This website (this “Website”) is owned by Bone Daddy’s, Inc. (“Bone Daddy’s”). Your access and use of the Website is conditioned on and evidence of your acceptance of and agreement to be bound by and comply with the terms, conditions, notices and agreements contained in the following terms and conditions (these “Terms”).
WEBSITE CONTENT
The Website content is provided to you as a convenience. Bone Daddy’s restaurant pricing, menus, hours of operation, actual operating procedures, promotions, and the like may be different from that set forth on the Website. As a condition to your use of the Website, you hereby warrant to Bone Daddy’s that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Website shall immediately terminate without the necessity of any notice. BONE DADDY’S retains the right to deny access TO THE WEBSITE to anyone at its discretion for any reason OR NO REASON AT ALL, including for THE violation of these Terms.
TRADEMARKS, COPYRIGHTS AND RESTRICTIONS
The Website content, including, but not limited to text, images, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and is owned and/or controlled by Bone Daddy’s. You shall not use any trademarks, service marks or copyrighted materials appearing on the Website, including but not limited to any logos, restaurant menus, or characters, without the express written consent of Bone Daddy’s or the respective owner of the mark or copyright.
The Website, emails, and any other electronic communications provided by Bone Daddy’s may contain links to other websites ("Linked Sites"). The Linked Sites are provided to you for convenience and information only. You access the Linked Sites at your own risk. The content of any Linked Sites is not under Bone Daddy’s control. Bone Daddy’s is not responsible for, and does not endorse, such content, whether or not Bone Daddy’s is affiliated with the owners of such Linked Sites. You shall not, without the prior written consent of Bone Daddy’s, establish a hyperlink to the Website or provide any links that state or imply any sponsorship or endorsement of your or any other website by Bone Daddy’s or its affiliates.
EMAIL AND OTHER COMMUNICATION
Bone Daddy’s uses email on an almost exclusive basis to provide you information and services. By use of the Website, you consent to receive emails and any other and all forms of communication from Bone Daddy’s and its affiliates as it may relate to your use of the Website.
DISCLAIMER OF WARRANTIES AND LIABILITY
ALL CONTENT ON THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES THAT, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, BONE DADDY’S DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER BONE DADDY’S, ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE WEBSITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR ACCESS ON THIS WEBSITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION PURPOSES ONLY. BONE DADDY’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY INFORMATION CONTENT OF THE WEBSITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU (AND NOT BONE DADDY’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEM USED TO ACCESS AND/OR INTERACT WITH THE WEBSITE. YOU EXPRESSLY AGREE THAT NEITHER BONE DADDY’S NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, HOSTING, AND/OR OPERATION OF THE WEBSITE, IS RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THE WEBSITE OR ANY OTHER LINKED SITE. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BONE DADDY’S AND ITS RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE WEBSITE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, BONE DADDY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Bone Daddy’s and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by such User of these Terms.
You hereby agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Website, shall be resolved individually, without resort to any form of class action, exclusively before a court located in Dallas, Texas having competent jurisdiction, which Court shall apply the laws of the State of Texas without regard for the doctrines of Conflict of Laws.
AMENDMENTS
Bone Daddy’s reserves the right to change, amend, modify or replace these Terms at any time, and from time to time, as it determines necessary in its sole discretion. Any and all changes to these Terms will be posted on the Website on the day that the change takes affect.
