ZEN PALATE WEBSITE TERMS OF USE

Acceptance of Terms of Use
By use of this website, you accept and agree to all terms, conditions and notices contained or referenced on the website ("Terms of Use"). Please read the following terms carefully. If you do not agree to the Terms of Use, do not use this site. Reference to "Zen Palate" in these Terms of Use refers to the restaurants operating under the name Zen Palate™ as well as their related companies.

Revisions to the Terms of Use Without Notice
Zen Palate reserves the right to update or revise the Terms of Use at anytime, and you should therefore check the Terms of Use periodically for changes. Use of the website following changes to the Terms of Use constitutes your acceptance of those changes.

Copyright Notice and Limited License
Everything you see and hear on this site (the "Content") including, for example, all of the text, photographs, graphics and video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Zen Palate or by third parties who have licensed their materials to Zen Palate. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. Zen Palate owns the copyright in the selection, coordination, arrangement and enhancement of the Content.

You may download, store, print and copy selected portions of the Content on this site, provided you:

1. Only use the Content you download for your personal, noncommercial use or to further your business dealings with Zen Palate.



2. Do not publish or post any part of the Content on any other Internet site without obtaining the prior written consent of Zen Palate.



3. Do not publish or broadcast any part of the Content in or on any other media without obtaining the prior written consent of Zen Palate.



4. Do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.

No right, title or interest in the downloaded Content is transferred to you when you download Content from this site. Zen Palate reserves all intellectual property rights in any Content you download from this site.

Except as expressly stated herein, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from Zen Palate.

Customer Submissions
If you are a customer and send an e-mail to the website, or if you communicate with the site by phone or mail, the website collects information about your communication and by communicating with the site you give your permission to collect, archive, retrieve and otherwise use any information collected as the site sees fit.

Any communication which, in its sole discretion, the site deems to be a testimonial may be publicized for commercial purposes. By submitting ideas, graphics, suggestions, information, remarks or other materials to Zen Palate through this website, you assign to Zen Palate, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Zen Palate will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way. You acknowledge that you are responsible for whatever material you submit and you, not Zen Palate, have full responsibility for the message including its legality, reliability, appropriateness, originality and copyright.

Disclaimer
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZEN PALATE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ZEN PALATE MAKES NO WARRANTY THAT THE CONTENT (A) WILL MEET YOUR NEEDS OR REQUIREMENTS, OR IS OF A CERTAIN QUALITY; (B) IS ACCURATE, RELIABLE OR CORRECT; (C) WILL BE AVAILABLE ON THE WEBSITE AT ANY SPECIFIC TIME OR LOCATION; (D) WILL BE AVAILABLE ON THE WEBSITE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (E) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION AVAILABLE ON THE WEBSITE SHALL CREATE ANY WARRANTY NOT STATED IN THE TERMS OF USE. ANY MATERIAL WHICH YOU DOWNLOAD OR OBTAIN VIA OTHER MEANS FROM THE WEBSITE IS DONE AT YOUR OWN RISK. IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, ZEN PALATE'S WARRANTIES IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ZEN PALATE, ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, SUBCONTRACTORS, OR ANY THIRD PARTY PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CIRCUMSTANTIAL OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZEN PALATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE. THE FOREGOING LIMITATION APPLIES REGARDLESS OF THE NATURE OR THEORY OF LAW UPON WHICH ANY SUCH ALLEGED LIABILITY IS BASED. IN THE EVENT A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, ZEN PALATE'S LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to defend, indemnify and hold harmless Zen Palate and its employee, agents, directors, officers and shareholders from and against all liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this website, your failure to use the site, your breach or alleged breach of the Terms of Use or your breach of the copyright, trademark, proprietary or other rights of third parties.

Termination
Zen Palate reserves the right, in its sole discretion, to terminate or block your access of all or part of this website, with or without notice.

Choice of Law and Forum
These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. You and Zen Palate expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the website shall be in the federal and state courts of New York, New York, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.