These Terms govern your access to, usage of all content, Product and Services available at briorestaurant.com website (the “Service”) operated by Brio Tuscany Grille (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interests in and to such property will remain (as between the parties) solely with Brio Tuscany Grille and its licensors.
In using the Services, you may use third-party services, products, software, embeds, or applications developed by a third party (“Third Party Services”).
IF YOU USE ANY THIRD-PARTY SERVICES, YOU UNDERSTAND THAT:
Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
If you wish to terminate the Agreement or your Brio Tuscany Grille account, you may simply discontinue using our Services.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Brio Tuscany Grille 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 Brio Tuscany Grille nor its suppliers and licensors makes any warranty that our Services 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, our Services at your own discretion and risk.
Brio Tuscany Grille reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.
Digital Products and Subscriptions
These terms and conditions set out the terms and conditions between you, the customer, and Brio Tuscany Grille (“us”, “we”), governing the use of our website and our downloadable digital products and subscriptions including the content therein (the “products”). Your use of our website, and purchase, download, and use of our products, constitutes your full acceptance of these terms and conditions. If you do not agree with these terms and conditions, you should not use our website or purchase, download or use any of our products.
2.0 LICENSE AND USE
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (the “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way that might be detrimental to us or damage our reputation.
3.0 INTELLECTUAL PROPERTY
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
4.0 REFUNDS AND CHARGEBACKS
Once a product has been purchased by you, no right of cancellation or refund exists due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
5.0 WARRANTIES AND LIABILITY
We make every effort to ensure that our products are accurate, authoritative and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product, and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these terms and conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
These terms and conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and shall supersede any prior agreements whether made in writing, orally, implied or otherwise. The failure by us to exercise or enforce any right(s) under these terms and conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these terms and conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these terms and conditions shall not affect any other provision hereof. Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Riverside County, California. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Riverside County, California.
Please do not hesitate to contact us regarding any matter relating to this website or our Downloadable Digital Products via email at [email protected] or mail at Brio Tuscany Grille, 24050 Camino Del Avion Suite B, Dana Point, CA 92629.