Terms of Use
Welcome to the web site ("Site") of Twohey’s Family Restaurant ("Twohey’s Family Restaurant", the "Company" "we" or "us"), www.Twoheys.com (collectively, the "Site" or "Web Site"). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site.
IF YOU DO NOT AGREE WITH THIS TERMS AND CONDITIONS STATEMENT, DO NOT USE THIS SITE.
Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
Please note that the headings contained in this Terms and Condition statement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions statement.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You
promise that none of your communications with or through the Site will violate
any applicable local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Twohey’s Family Restaurant, its affiliates, officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Disclaimer of
Warranty and Limitation of Liability
Twohey’s Family Restaurant does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. TWOHEY’S FAMILY RESTAURANT AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL TWOHEY’S FAMILY RESTAURANT, ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, THE UNAUTHORIZED USE OF THIS SITE, LOST DATA, LOSS OF PROFITS, LOSS OF BUSINESS, DELAY IN OPERATION OR TRANSMISSION, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVERD BY YOUR DEVICE, BREACH OF SECURITY, LOSS OF PRIVACY, PROPERTY DAMAGE, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT, OR THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR SOLD OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE), EVEN TWOHEY’S FAMILY RESTAURANT HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
TWOHEY’S FAMILY RESTAURANT,
ITS LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING
THE SITE AND ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF
THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE
MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT
TWOHEY’S
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Twohey’s Family Restaurant or any licensor, supplier or any other party involved in creating the site
and its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
Links to Other Sites
and Content Disclaimer
Our Site may provide links to web sites not operated by Twohey’s Family Restaurant. Access to any other sites linked to this Site is at your own risk.
Such links do not imply, nor should you infer, Twohey’s Family Restaurant's association, sponsorship, affiliation or endorsement of material on any other site, and Twohey’s Family Restaurant assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, Twohey’s Family Restaurant does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from our Company is quoted or leaves a comment. Although Twohey’s Family Restaurant may open a new browser window when you click on a link to a third party's site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.
We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to email s) that we consider to be actual or potential violations of the restrictions set forth in these T&C’s, and any other activities that may subject Twohey’s Family Restaurant or its customers to harm or liability. Twohey’s Family Restaurant disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your Device.
We do not control, nor are we responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service. The Internet may provide access to content you consider harmful to minors, or otherwise offensive or inappropriate. If you wish to limit access to such content, there are a number of commercially available products that can help you do so. We may, but do not have to, block information, transmissions or access to certain information, services, products or domains to protect us, our network, the public or our users. Therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. We are not a publisher of third party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours.
Unless otherwise set forth in a written agreement between you and Twohey’s Family Restaurant, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy:
(i) any link to Twohey’s Family Restaurant Site must be a text only link and clearly marked "Twohey’s Family Restaurant Site,"
(ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Twohey’s Family Restaurant's names and trademarks,
(iii) the link must "point" to the URL www.Twoheys.com and not to other
pages within the Twohey’s Family Restaurant Site,
(iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Twohey’s Family Restaurant,
(v) when selected by a user, the link must display the Twohey’s Family Restaurant Site on full-screen and not within a "frame" on the linking Site, and
(vi) Twohey’s Family Restaurant reserves the right to revoke its consent to the link at any time and in its sole discretion.
Feedback and
Submissions
Except as described in this Site's Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials
throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that Twohey’s Family Restaurant does not retain exclusive ownership of any such material, information, or ideas, then Twohey’s Family Restaurant retains a non-exclusive license to use them.
Digital_Millennium
Copyright Act (‘DMCA) Notice
In operating the Service, we may act as a “services provider” (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. Our designated agent (the proper party for notice) to whom you should address infringement notices under the DMCA is Corporation Services Company, 1010 Union Ave. SE, Olympia, WA 98501. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the party who has allegedly infringed.
Employment
Opportunities
Twohey’s Family Restaurant is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Twohey’s Family Restaurant encourages all qualified applicants to apply.
Additional Terms
Twohey’s Family Restaurant may terminate your access to this Site immediately without notice if, in Twohey’s Family Restaurant's sole discretion, you fail to comply with any of the terms of this Terms and Conditions statement. You may terminate this agreement, immediately without notice to use, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, Mandatory Arbitration to Resolve/Class Action/Jury Trial Clauses and Governing Law and Jurisdiction shall survive termination of this Terms and Conditions statement for any reason. Twohey’s Family Restaurant reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference. Certain products or services offered by this Site, and certain areas within this Site, may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products, services or areas. You must agree to these Additional Terms before using those products, services or areas. The Additional Terms and this Terms and Conditions statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions, the Additional Terms control. Privacy and Children's Information Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult.
No Waiver
No delay or failure by Twohey’s Family Restaurant to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by Twohey’s Family Restaurant nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Twohey’s Family Restaurant shall have any legal effect.
Severability
If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
MANDATORY
ARBITRATION TO RESOLVE DISPUTES, CLASS ACTION AND JURY TRIAL WAIVER:
ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT, EXCEPT AS NOTED BELOW, YOU AND WE WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT SHALL BE SUBMITTED TO FINAL BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). This agreement to arbitrate also requires you to arbitrate claims against other parties relating to Services or Devices in which YOU establish, but not limited to, in the LINKS TO OTHER SITES AND CONTENT DISCLAIMER SECTION.
BEFORE INSTITUTING ARBITRATION, YOU AGREE TO PROVIDE US WITH AN OPPORTUNITY TO RESOLVE YOUR CLAIM BY SENDING A WRITTEN DESCRIPTION OF YOUR CLAIM TO US AT Twohey’s Family Restaurant, P.O. BOX 60525, PASADENA, CA 91116 AND NEGOTIATING WITH US IN GOOD FAITH REGARDING YOUR CLAIM. IF WE ARE NOT ABLE TO RESOLVE YOUR CLAIM WITHIN 30 DAYS OF RECEIPT OF YOUR NOTICE, THEN YOU OR WE, INSTEAD OF SUING IN COURT, MAY INITIATE ARBITRATION PROCEEDINGS WITH THE AAA. YOU MUST SERVE US AT THE ADDRESS REGISTERED ABOVE IN ORDER TO BEGIN ARBITRATION. ARBITRATION WILL BE CONDUCTED UNDER THE AAA’S PUBLISHED WIRELESS INDUSTRY ARBITRATION RULES AND SUPPLEMENTAL PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARE AVAILABLE BY CALLING THE AAA AT 800-778-7879 OR VISITING ITS WEB SITE AT www.adr.org. The AAA has a fee schedule for arbitrations. You will pay your share of the arbitrator’s fees and administrative expenses (“Fees and Expenses”). You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may only award as much and the type of relief as a court with jurisdiction in the place of arbitration that is consistent with law and the Agreement. An arbitrator may issue injunctive or declaratory relief but only applying to you and us and not to any other customer or third party. As a limited exception to the agreement to arbitrate, you and we agree that: (a) you may take Claims to small claims court, if your Claims qualify for hearing by such court.
CLASS ACTION WAIVER. WHETHER IN COURT, SMALL CLAIMS COURT, OR ARBITRATION, YOU AND WE MAY ONLY BRING CLAIMS AGAINST EACH OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE ACTION. IF A COURT OR ARBITRATOR DETERMINES IN A CLAIM BETWEEN YOU AND US THAT YOUR WAIVER OF ANY ABILITY TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS IS UNENFORCEABLE UNDER APPLICABLE LAW, THE
ARBITRATION AGREEMENT WILL
NOT APPLY, AND YOU AND WE AGREE THAT SUCH CLAIMS WILL BE RESOLVED BY A COURT OF
APPROPRIATE JURISDICTION, OTHER THAN A SMALL
JURY TRIAL WAIVER. WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT (AS PROVIDED IN THIS SECTION) YOU AND WE WAIVE ANY RIGHT TO JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN YOU AND US.
Governing Law and
Jurisdiction
The Twohey’s Family
Restaurant Site is operated by Twohey’s Family Restaurant. The laws of the State
of
This Terms and Conditions
statement and any disputes arising under or related to this Terms and Conditions
statement and/or the Privacy Policy or to this Site will be governed by
proceeding involving the Site, regardless of who initiated the proceeding. This English-language Terms and Conditions statement is Twohey’s Family Restaurant's official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
Our Business
Structure
You know us as Twohey’s
Family Restaurant. Our operating company is Trias, LLC. Throughout this
statement and this Site we will make reference to Twohey’s Family Restaurant or
the Company, which shall refer to Trias, LLC.
Our Intellectual
Property
TWOHEY’S FAMILY RESTAURANT,
TWOHEY’S FAMILY RESTAURANT logo, and other marks and logos are the intellectual
property of Twohey’s Family Restaurant. Our Site and all of its contents
(including, without limitation, articles, text, photographs, images,
illustrations, graphics, video material, audio material, and software —
collectively, the "intellectual property"), are protected by copyright,
trademark and other laws of the
international conventions and the laws of other countries. The intellectual property is owned or controlled by Twohey’s Family Restaurant or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation. Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Twohey’s Family Restaurant or any third party. This Site is provided free of charge and for informational purposes only and does not create a business or professional services relationship between you and Twohey’s Family Restaurant.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Twohey’s Family Restaurant. You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
For More Information
If you have any questions
regarding our Terms and Conditions statement, please contact us by sending an
email to webmaster@Twoheys.com or
writing to us at Twohey’s Family Restaurant,
Copyright© 1997-2007 Twohey’s Family Restaurant. All Rights Reserved. TWOHEY’S FAMILY RESTAURANT, TWOHEY’S FAMILY RESTAURANT logo, and other marks and logos are the intellectual property of Twohey’s Family Restaurant.
LAST UPDATED AND EFFECTIVE DATE: January 2, 2007.