Agreement between User and www.wabagrill.com
Welcome to www.wabagrill.com. The www.wabagrill.com website (the "Site") is comprised of various web pages operated by Waba Grill Franchise Corp ("Waba Grill"). www.wabagrill.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.wabagrill.com constitutes your agreement to all such Terms. Please read the Terms carefully, and keep a copy of them for your reference.
www.wabagrill.com is an E-Commerce Site.
Visiting www.wabagrill.com or sending emails to Waba Grill constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Waba Grill is not responsible for third party access to your account that results from theft or misappropriation of your account. Waba Grill and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Waba Grill does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.wabagrill.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.wabagrill.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Waba Grill and Waba Grill is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Waba Grill is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Waba Grill of the site or any association with its operators.
Certain services made available via www.wabagrill.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.wabagrill.com domain, you hereby acknowledge and consent that Waba Grill may share such information and data with any third party with whom Waba Grill has a contractual relationship to provide the requested product, service or functionality on behalf of www.wabagrill.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.wabagrill.com strictly in accordance with the Terms. As a condition of your use of the Site, you warrant to Waba Grill that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Waba Grill or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Waba Grill content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Waba Grill and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Waba Grill or our licensors except as expressly authorized by the Terms.
Third Party Accounts
You will be able to connect your Waba Grill account to third party accounts. By connecting your Waba Grill account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by Waba Grill from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Waba Grill content accessed through www.wabagrill.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Waba Grill, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of the Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Waba Grill reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waba Grill in asserting any available defenses.
Governing Law and Jurisdiction
Access to and use of the Site and the Terms are governed by the laws of the State of California, without regard to conflict of laws principles. Any legal action or proceeding relating to your access to or use of the Site or the Terms shall be instituted only in the federal and state courts in the State of California in Los Angeles County. By accessing or using the Site, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding.
Class Action Waiver
You agree that any claim or action under the Terms will take place on an individual basis and further agree that class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Waba Grill agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WABA GRILL FRANCHISE CORP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
WABA GRILL FRANCHISE CORP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WABA GRILL FRANCHISE CORP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Waba Grill reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Waba Grill as a result of the Terms or use of the Site. Waba Grill's performance of the Terms is subject to existing laws and legal process, and nothing contained in the Terms is in derogation of Waba Grill's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Waba Grill with respect to such use. If any part of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
Unless otherwise specified herein, the Terms constitutes the entire agreement between you and Waba Grill with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Waba Grill with respect to the Site. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to the Terms
Waba Grill reserves the right, in its sole discretion, to change the Terms under which www.wabagrill.com is offered. The most current version of the Terms will supersede all previous versions. Waba Grill encourages you to periodically review the Terms to stay informed of our updates.