Welcome to the Terms and Conditions page for The Daily Grind Cafe. Please read these terms carefully before using our website or services. By accessing or using our website, you agree to be bound by these terms and conditions.
1.1 Acceptance of Terms: By accessing and using the website of The Daily Grind Cafe, located at 14 Elm Street, Willow Creek, CA 91234 (hereinafter referred to as "The Daily Grind Cafe," "we," "us," or "our"), you agree to be bound by these Terms and Conditions (hereinafter referred to as "Terms"). If you do not agree to these Terms, you must not use our website.
1.2 Use of Website: You agree to use our website for lawful purposes only and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.
1.3 Intellectual Property: All content on this website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, software, and other material (collectively "Content") is the property of The Daily Grind Cafe or its content suppliers and protected by United States and international copyright laws. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Content for any commercial purpose without the express written consent of The Daily Grind Cafe.
1.4 User Accounts: If you create an account on our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. The Daily Grind Cafe reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
1.5 Online Ordering: When placing an order online through our website, you agree to provide accurate and complete information. The Daily Grind Cafe reserves the right to cancel any order if the information provided is inaccurate or incomplete. All orders are subject to availability and confirmation of the order price.
1.6 Modifications to the Website: The Daily Grind Cafe reserves the right to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that The Daily Grind Cafe shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website.
1.7 Third-Party Links: Our website may contain links to third-party websites that are not owned or controlled by The Daily Grind Cafe. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. You acknowledge and agree that The Daily Grind Cafe is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.
2.1 Disclaimer of Warranties: The Daily Grind Cafe makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials, or products included on this website. To the full extent permissible by applicable law, The Daily Grind Cafe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this website, its servers, or email sent from The Daily Grind Cafe are free of viruses or other harmful components.
2.2 Limitation of Liability: The Daily Grind Cafe shall not be liable for any damages of any kind arising from the use of this website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. This includes damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Daily Grind Cafe has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the website; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the website; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the website; or (v) any other matter relating to the website.
2.3 Maximum Liability: In no event shall The Daily Grind Cafe's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.
2.4 Exceptions: Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, The Daily Grind Cafe's liability shall be limited to the greatest extent permitted by law.
2.5 Indemnification: You agree to indemnify, defend, and hold harmless The Daily Grind Cafe, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
3.1 Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. You agree that any legal action or proceeding between you and The Daily Grind Cafe for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Willow Creek, California. By using this site you consent to the exclusive jurisdiction and venue of these courts.
3.2 Dispute Resolution: Any dispute arising out of or relating to these Terms and Conditions shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Willow Creek, California. The arbitrator's decision shall be final and binding on both parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
3.3 Waiver of Jury Trial: To the extent permitted by applicable law, each party knowingly and voluntarily waives any right it may have to a trial by jury in respect of any litigation based upon or arising out of these Terms and Conditions or any course of conduct, dealing, statements (whether oral or written), or actions of any party relating hereto.
3.4 Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in full force and effect.
3.5 Entire Agreement: These Terms and Conditions constitute the entire agreement between you and The Daily Grind Cafe relating to your use of the website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and The Daily Grind Cafe with respect to the website.
3.6 Amendments: The Daily Grind Cafe reserves the right to amend these Terms and Conditions at any time without notice. It is your responsibility to review these Terms periodically for any changes. Your continued use of the website following the posting of changes will mean that you accept and agree to the changes.
3.7 Contact Information: If you have any questions about these Terms and Conditions, please contact us at: legal@thedailygrindcafe.com or call us at (555) 789-1234. Our legal department is managed by Sarah Chen, Esq.