Terms & Conditions
These Terms do not apply to OCBistro’s products or services, each of which is subject to its own terms. In addition to those product-specific agreements, when using other products, services or features made available through the Site, both these Terms and a separate agreement may apply to your use of that feature, product or service. To the extent there is a conflict between these Terms and any additional agreement, that separate agreement will control unless it expressly states otherwise.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE DISPUTE-RESOLUTION PROVISION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND OCBISTRO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
TABLE OF CONTENTS
INFORMATION AND CONTENT YOU SUBMIT
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
LIMITATION OF LIABILITY; WAIVER
OWNERSHIP OF SITE MATERIALS
The “Site” includes all materials that comprise the Site, including, without limitation: all past, present and future versions of the Site, graphics, layout design, text, images, audio, video, designs, artwork, trade- and service marks, data, domain names, the “look and feel” of the Site, any and all copyrightable material (including source and object code), and all other materials related to the Site (collectively, “Materials”).
The Materials are owned by or licensed to OCBistro and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Except as expressly set forth in these Terms or expressly granted to you in writing by OCBistro, no rights in the Materials (either by implication, estoppel, or otherwise) are granted to you. You acknowledge that you do not acquire any ownership rights in the Materials by using the Site. You may only use the Materials as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORAGE, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING, OR ANY OTHER MISUSE OF ANY OF THE MATERIALS IS STRICTLY PROHIBITED.
Subject to your strict compliance with these Terms, OCBistro grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device). When you access or view the Materials, you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, modify, or attempt to discover any source code associated with the Site. You also agree that you will not (including by use of any robot, scraper, or other data mining technology or process) frame, mask, extract data or other materials from, copy, or distribute the Materials (except as may be a result of standard search engine or Internet browser usage). Except as expressly provided in these Terms, you may not copy, reproduce, republish, modify, create derivative works of, upload, download, perform, display, post, transmit, distribute or otherwise use Materials in any way, without the prior written permission of a duly authorized OCBistro employee. You agree to abide by any and all copyright notices, information, or restrictions contained in any part of the Site. Any and all rights to use the Site that are not expressly granted to you under these Terms are reserved for OCBistro or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way OCBistro’s rights to exploit fully any or all of the Materials. Unauthorized use of Materials may be a violation of federal and state laws and could result in civil and criminal liability.
INFORMATION AND CONTENT YOU SUBMIT
The Site may provide you the opportunity to participate and post content publicly in comments to blogs, forums, through interactive features and through other communication functionality (collectively, “Community Forums”). Through the Community Forums, you may choose to submit or post images, videos, writings, questions, comments, or other content (collectively, “User Content”).
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses granted under these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant OCBistro the license below. Upon OCBistro’s request, you will furnish OCBistro any documentation, substantiation, or releases necessary to verify your compliance with these Terms.
You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to OCBistro or the Site.
You remain the owner of your User Content, but you acknowledge that OCBistro must have a license from you in order to accept your User Content. Accordingly, you grant to OCBistro and its affiliates, subsidiaries, successors in interest, licensees, and assigns, and each of their officers, directors, shareholders, agents, representatives and employees (each a “OCBistro Party” and, collectively, the “OCBistro Parties”) an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever in all formats, on or through any medium, technology or device now known or hereafter developed.You further agree that OCBistro is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing, and marketing products and services, and creating informational articles, without any payment or notice of any kind to you. You authorize OCBistro to publish your User Content in a searchable format that may be accessed by users of the Site and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
You agree that OCBistro has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content. You further acknowledge and agree that OCBistro will not have any obligation to you with regard to User Content and that OCBistro may or may not monitor, display, or accept your User Content and may delete it at any time.
When you contribute, upload or otherwise provide User Content to the Site, you agree to comply with the following requirements: USER CONTENT POLICY
In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right (but have no obligation) to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. OCBistro encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good-faith belief that content on a Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), OCBistro has a designated agent for receiving notices of copyright infringement and OCBistro follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide OCBistro’s copyright agent (whose contact information is set forth below) the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (e.g., a URL); (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe that any content on the Site contains content that violates your rights other than copyrights, please provide OCBistro with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material (e.g., a URL); (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Site or a complaint regarding alleged violation of rights other than copyrights to OCBistro’s copyright agent, who can be reached as follows:
By Mail: OC Bistro
Attn: Copyright Agent – Legal Department
Irvine, California 92620
By Email: firstname.lastname@example.org
NOTE: This contact information is for notices or complaints regarding potential copyright and other infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
OCBistro will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.
MEMBERSHIP & REGISTRATION
Certain areas of the Site may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Site, you agree to provide only true, accurate, current, and complete information. You agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights. OCBistro reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability. You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
THIRD-PARTY LINKS & CONTENT
The Site or communications you receive from us may provide links to certain websites, products, services, and features provided by third parties. The Site also may include third-party content that we do not control, maintain, or endorse. We do not control any of these third-party websites, products, services, or features or any of their content. Accordingly, you expressly acknowledge and agree that we are not responsible or liable for your use of any third-party website, product, service or feature. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Site and a third-party website or online service (each, an “Application”), such as enabling you to publicly “share” Site content by posting it from your account on a social networking service. Using such an Application typically requires you to login to your account on the third-party service. By using such Applications, you acknowledge and agree: (i) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if OCBistro has not provided such information and (ii) your use of any Application is at your own option and risk and you will hold OCBistro harmless for the sharing of information that results from your use of such Application. You must read all login boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
OCBistro grants you the revocable permission to link to the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not create the false impression that OCBistro is endorsing or sponsoring any third party or its products or services, unless OCBistro has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise harm OCBistro or its products or services (as determined by OCBistro in its sole opinion); (d) must not use any OCBistro trademark without the prior written permission from OCBistro; (e) must not contain content that could be construed as distasteful, offensive, controversial, or otherwise objectionable (in OCBistro’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms, OCBistro reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
FEEDBACK & SUGGESTIONS
You may choose to provide us with suggestions or feedback concerning any aspect of the Site (“Feedback”). Feedback will not be deemed User Content even if submitted via a channel through which you normally upload User Content. If you do provide us Feedback, you agree that you do so on a gratuitous basis, without any expectation of compensation, and that we may freely use, reproduce, license, distribute, and otherwise commercialize your Feedback in any way that we wish with no obligation to you. You agree that you will not provide us any Feedback that you know (i) is a trade secret or is subject to a patent, copyright, or other intellectual property claim or right of any third party or (ii) is subject to open-source or other license terms that seek to require any products incorporating or derived from such Feedback to be licensed to or otherwise shared with any third party.
DISCLAIMER OF WARRANTIES
THE SITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS) IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE OCBISTRO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE OCBISTRO PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OCBISTRO PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, THE OCBISTRO PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE OCBISTRO PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY OCBISTRO PARTY, WHETHER MADE ON THE SITE, IN RESPONSE TO A QUESTION SUBMITTED ON OR THROUGH THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE SITE. THE OCBISTRO PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE SITE BY THIRD PARTIES (INCLUDING ANY USER OF THE SITE) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE SITE. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE SITE. IT IS POSSIBLE THAT THE SITE COULD CONTAIN INACCURACIES OR ERRORS OR THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE SITE BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE SITE, THE OCBISTRO PARTIES MAKE NO GUARANTEES AS TO THE SITE’S COMPLETENESS OR CORRECTNESS.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE OCBISTRO PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES) ARISING OUT OF OR RELATING IN ANY WAY, DIRECTLY OR INDIRECTLY, TO: (A) THE SITE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE OCBISTRO PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUG, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE AND EVEN IF THE OCBISTRO PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE OCBISTRO PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE, OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE SITE IS TO STOP USING THE SITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF THE OCBISTRO PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF A OCBISTRO PARTY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE, THE MATERIALS, OR ANY WEBSITE, PROPERTY, PRODUCT, OR SERVICE OWNED OR CONTROLLED BY THE OCBISTRO PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SITE, THE MATERIALS, OR ANY WEBSITE, PROPERTY, PRODUCT, OR SERVICE OWNED OR CONTROLLED BY THE OCBISTRO PARTIES.
YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
OCBistro, in its sole discretion, reserves the right to terminate, suspend, or block your access to and use of the Site, without notice and liability, for any reason, including, without limitation, if OCBistro believes your conduct fails to conform with these Terms. OCBistro also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities. Any provision of these Terms, which by its terms, ought to survive, shall survive any termination of these Terms.
CHOICE OF LAW; VENUE
The laws of the state of California shall govern the construction and interpretation of this Agreement and shall apply to any disputes arising from it to the extent permitted by applicable law, regardless of conflict of laws principles. Subject to the arbitration provisions below, you and OCBistro hereby agree to submit exclusively to the personal jurisdiction of the state courts with jurisdiction over Santa Clara County, California and/or the U.S. District Court for the Northern District of California.
- Agreement to Arbitrate Disputes. You and OCBistro agree that any Disputes (defined below) will be settled by binding arbitration instead of litigating the Dispute in court. Arbitration means that Disputes will be heard and decided by a neutral arbitrator instead of in a court by a judge or jury. You and OCBistro also agree that the Federal Arbitration Act governs the arbitrability of all Disputes between you and OCBistro, and the interpretation and enforcement of this section. The term “Dispute” means any dispute, claim, or controversy between you and OCBistro arising out of or relating to these Terms or your accessing or use of the Site, whether based in contract, law, equity, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), including, without limitation, any dispute, claim or controversy concerning the validity, enforceability, or scope of these Terms; provided, however, that “Dispute” does not mean or include any action: (1) filed by you or by OCBistro in small claims court; (2) brought by OCBistro regarding its intellectual property rights; (3) brought by OCBistro against an individual or entity that engaged in unauthorized use or receipt of OCBistro products, services or unauthorized access to OCBistro systems, facilities, products, or services; or (4) the validity, enforceability or scope of this arbitration provision.
- Individual Arbitration Actions Only; Class Action Waiver. BOTH YOU AND OCBISTRO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. BOTH YOU AND OCBISTRO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION RELATED TO ANY DISPUTE THAT IS BROUGHT BY ANYONE ELSE. NOTWITHSTANDING ANY PROVISION IN THE AAA RULES (DEFINED BELOW) TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
- Arbitration Rules, Jurisdiction and Venue. The arbitration will take place in the United States in the county of Santa Clara, California. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules (the “AAA Rules”) then in effect, except as superseded by these Terms. These Terms govern in the event they conflict with the AAA Rules. Unless you, OCBistro or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant’s demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephonic hearing. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. The arbitrator will make any award in writing (“Arbitration Award”) but need not provide a statement of reasons unless requested by a party. The Arbitration Award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the Arbitration Award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
- Severability of Dispute Resolution Provision. If any clause within this Dispute Resolution provision (other than subsection (b), “Individual Arbitration Actions Only; Class Action Waiver,“ above) is found to be illegal, void, or unenforceable, that clause will be severed from this Dispute Resolution provision, and the remainder of this Dispute Resolution provision will be given full force and effect. If subsection (b) of this Dispute Resolution Provision is found to be illegal, void, or unenforceable, the arbitration requirements of this Dispute Resolution provision will be void in their entirety, the Dispute at issue will be decided by a court, and, in any such instance, you and OCBistro hereby each waive, to the fullest extent allowed by law, any trial by jury.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject OCBistro to any registration requirement within such jurisdiction or country. OCBistro controls and operates the Site from offices located in the United States and makes no representations or warranties that the information, products, or services contained on the Site are appropriate for use or access in other locations. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
CHANGES TO THESE TERMS
We reserve the right, in our sole discretion and at any time, to change or add to the terms of these Terms (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on this Site so that they are accessible via a link from the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.