Privacy Policy & Terms Information
This privacy policy (“Privacy Policy”) sets forth the privacy practices for The Bon Appétit Group℠ (“BA Group℠”), which includes the following member entities: Advantus Leisure Management Services, Inc., Advantus Restaurant, Inc., Café Al Fresco of Pinellas, Inc., Global Investors of Florida, Inc., Sand Key Beach Services, LLC, International Development Limited, Inc., Fred Howard Beach Services, LLC, Florida Beach Services, Inc., Creative Cuisine Food Service Consultants, Inc. and Done Gone, LLC. Each entity in the BA Group℠ is independently owned and operated.
This Privacy Policy applies solely to information collected by or through the following websites (collectively the “Websites” and each a “Website”):
https://www.BonAppetitGroup.com
bonAppétitrestaurant.com
cafealfresco.com
weddingsonsandkeybeach.com
romantichoneymoonisland.com
floridaweddingsonthewater.com
1. INFORMATION WE MAY COLLECT
We may obtain certain personal information through our Websites. The types of personal information we may collect include:
a) Contact information you voluntarily provide to us, such as your name, postal address, e-mail address, and telephone number;
b) Names, postal addresses, e-mail addresses and telephone numbers of others to whom you ask us to send information;
c) Birth date;
d) Online order history;
e) Information about your education, work and military history, legal work eligibility status, and other information relevant to specific jobs for which you may apply; and
f) Other personal information you may provide to us.
In addition, when you visit our Websites, we may collect certain information by automated means, such as cookies and web beacons. The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system, language preferences, referring URLs, information on actions taken on our Websites, and dates and times of visits to our Websites. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon” (also known as an Internet tag, pixel tag, or clear GIF) links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Through these automated collection methods, we obtain “clickstream data,” which is a log of content on which a visitor clicks while browsing a Website. As the visitor clicks through the Website, a record of the action may be collected and stored. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an e-mail we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Websites. Please further note that the Websites are not designed to respond to “do not track” signals received from web browsers.
If you use Website features operated by third-party social networking services (such as Facebook or Twitter), we may receive information you have made available to those services, including the geographic location of your mobile device and other information about you (such as name, email address, gender, locale, time zone, languages, social media profile URL, personal website URL, biographical information, birthday, photo, list of devices, education history, work history, hometown, interests, current city, political views, favorite athlete and teams, relationship status and information, religion, name of significant other, and certain security settings information) and your contacts on those services. Some of these social networking services allow you to push content from our Websites to your contacts or to pull information about your contacts so you can connect with them on our Websites. Some of these services will also facilitate your registration on our Websites or enhance or personalize your experiences on our Websites. You should make sure you understand the information your third-party social networking services may make available to us. We may use and disclose the personal information we receive from or through third-party social networking services as described in this Privacy Policy.
2. HOW WE MAY USE THE INFORMATION WE COLLECT
We may use the information we obtain through the Websites to:
a) Offer and provide products and services to you;
b) Process and collect payments for gift cards;
c) Communicate about, and administer your participation in special events, programs, surveys, contests, sweepstakes, and other offers or promotions;
d) Send information to others if you ask us to do so;
e) Respond to and communicate with you about your requests, questions and comments;
f) Manage your application for employment with the BA Group℠ or any of its member entities and contact you in connection with potential employment opportunities;
g) Process claims we receive in connection with our products and services;
h) Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and the Websites; and performing accounting, auditing, billing, reconciliation and collection activities);
i) Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, and securing of personal information);
j) Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
k) Comply with and enforce applicable legal requirements, relevant industry standards and our policies.
In addition, we use information collected online through cookies, local shared objects (also known as “Flash cookies”), web beacons, and other automated means for purposes such as: (i) customizing our users’ visits to the Websites, (ii) delivering content (including advertising) tailored to our users’ interests and the manner in which our users browse the Websites, and (iii) managing our business. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer the Websites, identify users of the Websites, and gather demographic information about our users. We may use clickstream data to determine how much time users spend on web pages of the Websites, how users navigate through the Websites, and how we may tailor the Websites to better meet the needs of our users. To identify local shared objects/Flash cookies on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.
We may use third-party web analytics services on the Websites, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs, and web beacons to help us analyze how visitors use the Websites. The information collected through these means (including IP addresses) may be disclosed to these analytics providers, who use such information to evaluate use of the Websites. To learn more about Google Analytics and how to opt out, please visit: www.google.com/analytics/learn/privacy.html.
We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Policy. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
3. INFORMATION WE MAY SHARE
We do not sell or otherwise share personal information about you, except as described in this Privacy Policy. When you post a comment on a Website, we may publish your name and user ID together with your comment. We share personal information with third parties who perform services on our behalf based on our instructions. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share the personal information we obtain with our member entities, affiliates, and joint marketing partners.
We also may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation).
4. HOW WE SECURE YOUR INFORMATION
We maintain administrative, technical, and physical safeguards designed to protect the personal information you provide against accidental, unlawful, or unauthorized destruction, loss, alteration, access, disclosure, or use. When you submit sensitive information via any of our Websites, your information is protected both online and offline.
Wherever we collect sensitive information online (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify that you are submitting your information securely by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the URL address of the web page.
We also protect your personal information offline. Only employees who have a need to know the information to perform a specific job (for example, billing or customer service) are granted access to your personal information. The computers/servers in which we store personal information are kept in a secure environment.
5. PRIVACY FOR CHILDREN
Our Websites are not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on our Websites. If we become aware that we have inadvertently received personal information from a visitor to any of our Websites under the age of thirteen, we will delete the information from our records.
6. YOUR OPTIONS FOR LIMITING THE SHARING OF INFORMATION
We offer you certain choices about how we communicate with you, what information we collect from you, and how you can prevent the sharing of certain information. To ask us to remove your information from our e-mail lists, determine what information we have about you, change/correct any information we have about you, request that we delete any information we have about you, or submit a request, please contact us via the email address or phone number provided below or on the “Contact” or equivalent web page of the particular Website you are visiting.
7. LINKS TO OTHER WEBSITES
Our Websites may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with the BA Group℠. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with the BA Group℠, any use of those websites, or the privacy practices of those websites.
8. UPDATES TO OUR PRIVACY POLICY
This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of this Privacy Policy when it was most recently updated.
9. HOW TO CONTACT US
If you have any questions about our Privacy Policy, or if you would like us to update information we have about you or your preferences, please contact us by e-mail at info@bonAppétitGroup℠.com or by phone at (727) 446-2200. You also may write to us at:
Bon Appétit Group℠
811 Douglas Avenue, Suite A
Dunedin, FL 34698
Attention: Web Policy Team
Please note that, on occasion, third parties unaffiliated with us may conduct marketing campaigns where they offer gift cards to our restaurants or our other services, which they have purchased separately, as inducements to enroll in their programs, complete surveys, or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties.
Thank you for visiting us at one or more of our family of websites (collectively the “Websites” and each a “Website”):
https://www.BonAppetitGroup.com
bonAppétitrestaurant.com
cafealfresco.com
weddingsonsandkeybeach.com
romantichoneymoonisland.com
floridaweddingsonthewater.com
By accessing and/or using any part of any Website and/or using any of the services provided via any Website, you agree to be legally bound by the terms and conditions set forth below (“Terms of Use”).
1. GENERAL
The Bon Appétit Group℠ (“BA Group℠”) includes the following member entities: Advantus Leisure Management Services, Inc., Advantus Restaurant, Inc., Café Al Fresco of Pinellas, Inc., Global Investors of Florida, Inc., Sand Key Beach Services, LLC, International Development Limited, Inc., Fred Howard Beach Services, LLC, Florida Beach Services, Inc., Creative Cuisine Food Service Consultants, Inc. and Done Gone, LLC. Each entity in the BA Group℠ is independently owned and operated.
Throughout the Websites, the terms “we,” “us” and “our” refer to the BA Group℠ and its member entities. The BA Group℠ offers the Websites, including all information, tools and services available from the Websites, to you, the user, conditioned upon your acceptance of these Terms of Use and our Privacy Policy which is available for review on this Website and the Websites of all of the BA Group℠ member entities. Your access and/or use of any Website or any of the services provided by the BA Group℠ via the Websites constitutes your agreement to these Terms of Use and our Privacy Policy.
The BA Group℠ reserves the right to modify, add, vary or amend all or part of these Terms of Use from time to time without prior notice to you. Your access and/or use of any Website or any of the services provided by the BA Group℠ via the Websites after such changes are posted shall constitute your agreement to the Terms of Use as modified.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE
WEBSITES
The BA Group℠ is not responsible if information made available on the Websites is not accurate, complete, or current. The materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the materials on the Websites is at your own risk. The Websites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites. You agree that it is your responsibility to monitor changes to the Websites.
3. INTELLECTUAL PROPERTY RIGHTS AND LIMITED USE OF CONTENT ON THE
WEBSITES
All content on the Websites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, information, and other materials, as well as the selection and arrangement thereof) (collectively, “Content”) is the exclusive property of and owned by the BA Group℠, its member entities, its/their licensors, or its/their content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the Content for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content, including but not limited to the modification, distribution, transmission, public performance, broadcast, publication, public display, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works based upon any Content, products or services obtained or accessed from the Websites, or use of the Websites for purposes competitive to the BA Group℠ or its member entities, is expressly prohibited without the prior written consent of the BA Group℠. You agree to abide by all additional restrictions displayed on the Websites as they may be updated from time to time. The BA Group℠ reserves the right to refuse or cancel any person’s registration for any Website, remove any person from any Website, or prohibit any person from using any Website for any reason whatsoever. The BA Group℠, its member entities, its/their licensors, or its/their content providers retain full and complete title to the Content, including all associated intellectual property rights, and provide the Content to you under a license that is revocable at any time in the BA Group℠’s sole discretion. The BA Group℠ neither warrants nor represents that your use of the Content or the Websites will not infringe rights of third parties not affiliated with the BA Group℠.
You may not use contact information provided on the Websites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Websites or to intercept any system, data, or personal information from the Websites. You agree not to interrupt or attempt to interrupt the operation of the Websites in any way. The BA Group℠ reserves the right, in its sole discretion, to limit or terminate your access to or use of the Websites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the BA Group℠ or it member entities may be entitled at law or in equity.
4. LINKS
The Websites may contain links to other websites and pages which are operated by third parties, including, but not limited to, websites that provide online booking, reservations applications, tools, or facilities. These links are provided as a convenience to you and as an additional avenue of access to the information contained at the linked websites. We have not reviewed all the information on those other linked sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. By clicking on or activating such links, you acknowledge that the BA Group℠ does not exercise control over any data or any information that you provide after leaving the Websites. Any and all access to the linked websites is entirely at your own risk. Different terms and conditions may apply to your use of any linked websites. The BA Group℠ shall not be liable for any losses, damages or other liabilities incurred as a result of your use of any linked websites.
Inclusion of links to other websites should not be viewed as the BA Group℠’s endorsement of the content of such linked websites. Unless expressly so stated on the Websites or the linked website, the BA Group℠ is not associated or affiliated with any trademarks or service marks, logos, insignia, other intellectual property rights or devices, which appear on the linked websites.
5. COMMENTS OR OTHER INFORMATION OR MATERIALS SUPPLIED BY YOU
While we encourage all of our guests and visitors to leave comments on the Websites, we must insist that all comments and other materials supplied by you respect the privacy and other rights of third parties. Therefore, in addition to all of our other rights in these Terms of Use, we reserve the right to limit and redact comments or other information supplied by you to the Websites so that they refer solely and exclusively to the services provided by the BA Group℠ or its member entities. We further reserve the right to remove comments or information that we believe, in our sole discretion, fall into any one or more of the following categories: offensive, profane, obscene, violent, duplicative, repetitive, deceptive, defamatory, inflammatory, insulting to individuals or Group℠s, contain falsehoods, violate the intellectual property rights of the BA Group℠ or others, promote or market third party products or services, promote or advance a political agenda, or otherwise do not specifically relate to the BA Group℠ or its member entities.
You acknowledge that you are responsible for any material you may submit via any Website (including any components of any Website administered by third parties, such as tools that allow you to interact with the Website through Facebook, Twitter, and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Websites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto any Website.
If you do submit material, and unless we indicate otherwise, you grant the BA Group℠ and its member entities a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works based upon, distribute, and publicly display such material throughout the world in any media. You further agree that the BA Group℠ and its member entities are free to use any ideas, concepts, and/or know-how that you or individuals acting on your behalf provide via any Website. You grant the BA Group℠ and its member entities the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify the BA Group℠ and its member entities for all claims resulting from content you supply.
6. CONDUCT ON THE WEBSITES
Some features that may be available on the Websites require registration. By registering at and in consideration of your use of the Websites, you agree to provide true, accurate, current and complete information about yourself.
You or third parties acting on your behalf are not allowed to frame any Website or use our proprietary trademarks or service marks as metatags, without our written consent. Such trademarks and service marks include, but are not limited to, Bon Appétit Restaurant, Café Alfresco, Café Honeymoon, Café Caladesi, and Advantus. You may not use frames or utilize framing techniques or technology to enclose any Content included on the Websites without the BA Group℠’s express written consent. Further, you may not utilize any Content included on the Websites in any metatags or any other “hidden text” techniques or technologies without the BA Group℠’s express written consent.
7. PURCHASE OF GIFT CARDS FROM WEBSITES
Your purchase, use, or acceptance of a gift card (“Gift Card”) from or through any Website constitutes acceptance of the following terms and conditions, as well as any terms and conditions expressly stated in the Gif Card. The Gift Card is issued by and represents an obligation solely of the individual member entity of the BA Group℠ named on the Gift Card (“Responsible Entity”). Each time you use the Gift Card, the used amount will be deducted from the balance until you’ve used the full balance of the card. You can add to the card balance at any time. Except where required by law, the Gift Card is non-refundable and not redeemable for cash. Additionally, we will not replace the Gift Card if it’s lost or stolen. The Gift Card may be redeemed at the service location of the Responsible Entity. Approval is required to advertise the Gift Card. The Gift Card may not be used to purchase alcohol where prohibited by law. The Gift Card is deemed purchased from and issued in the State of Florida.
For Gift Card balances, activity, and complete terms and conditions call (727) 733-2151.
8. DISCLAIMER
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE BA GROUP℠ AND ITS MEMBER ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT ON THE WEBSITES IS NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITES WILL BE SECURE; THAT THE WEBSITES OR A SERVER THAT MAKES ANY PARTICULAR WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BA GROUP℠ OR ITS MEMBER ENTITIES OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY OF ANY KIND. THE BA GROUP℠ AND ITS MEMBER ENTITIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITES IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK AND THAT THE WEBSITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE BA GROUP℠ NOR ITS MEMBER ENTITIES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE WEBSITES, (B) ANY LINKED WEBSITES YOU ACCESS THROUGH LINKS FROM THE WEBSITES, (C) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, (D) THE DELAY OR INABILITY TO USE THE WEBSITES, (E) ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITES, (F) OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITES, OR (G) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BA GROUP℠ OR ANY OF ITS MEMBER ENTITIES, SUPPLIERS, OR CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE BA GROUP℠ NOR ITS MEMBER ENTITIES, SUPPLIERS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE BA GROUP℠ OR ITS MEMBER ENTITIES IS TO DISCONTINUE YOUR USE OF THE WEBSITES. YOU AND THE BA GROUP℠ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the BA Group℠, its member entities, and its/their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Websites and any violation of these Terms of Use. If you cause a technical disruption of any Website or the systems hosting or transmitting any Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. The BA Group℠ reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the BA Group℠ in the defense of such matter.
11. TRADEMARKS, SERVICE MARKS, LOGOS
The trademarks, logos, and service marks displayed on the Websites (each a “Mark” and collectively the “Marks”) are registered and unregistered trademarks of the BA Group℠, its member entities, its/their licensors or content providers, and/or other third parties. All of these Marks are the properties of their respective owners. Nothing on the Websites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without the owner’s prior written permission. The BA Group℠ and its member entities reserve all rights in and to the Websites and their Content, which have not been expressly granted to you through these Terms of Use.
12. INFRINGEMENT & SAFE HARBOR NOTICE UNDER THE DMCA
The BA Group℠ respects the intellectual property rights of others and requests that you do the same. Therefore, the BA Group℠ has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Websites who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent in writing as follows:
Bon Appétit Group℠ Copyright Agent
811 Douglas Avenue, Suite A
Dunedin, FL 34698
Phone Number: (727) 446-2200
Email Address: copyrightagent@bonAppétitGroup℠.com
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed and, if applicable, the particular Website at which the copyrighted work is displayed or published, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works;
3. Identification of Content on the particular Website that is claimed to be infringing (“Infringed Content”) and that is to be removed, and information reasonably sufficient to permit our copyright agent to locate the Infringed Content;
4. Information reasonably sufficient to permit our copyright agent to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you or the person on whose behalf you are authorized to act has a good faith belief that use, publication, or display of the Infringed Content on the Website is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The BA Group℠ is under no obligation to post, forward, transmit, distribute or otherwise provide any Content on the Websites, including any material provided to us, and so we have an absolute right to remove any Content from the Websites in our sole discretion at any time.
13. APPLICABLE LAW
The laws of the State of Florida govern these Terms of Use and your use of the Websites, and you irrevocably consent to the jurisdiction of the courts located in the County of Pinellas, Florida for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Websites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Websites have been designed to comply with the laws of the State of Florida and of the United States. If any material on a Website, or your use of a Website, is contrary to the laws of the place where you are when you access it, the Website is not intended for you, and we ask you not to use the Website. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
14. ENTIRE AGREEMENT, AMENDMENT, & ADMISSIBILITY
This agreement and any policies, including the Privacy Policy, or operating rules posted on the Websites constitute the entire agreement and understanding between you and the BA Group℠ with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of any Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The BA Group℠ reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Websites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised Terms of Use will take effect on the day they are published on the Websites and will apply only on a going-forward basis. Your continued use of any Website after the revised Terms of Use are published signifies that you accept the changes.
15. MISCELLANEOUS PROVISIONS
No failure, delay, relaxation or indulgence on the part of the BA Group℠ in exercising any power or right conferred upon it in these Terms of Use shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms of Use.
If any provision of these Terms of Use is held or interpreted by any governmental authority or a court of competent jurisdiction to be illegal or invalid under present or future laws or regulations effective and applicable during the terms of these Terms of Use, such provisions shall be fully severable from these Terms of Use and the remaining provisions of these Terms of Use shall remain in full force and effect.
The BA Group℠ shall not be liable to you or any other party, or be deemed to be in default, for any delay or failure in performance under these Terms of Use resulting from acts beyond its reasonable control.
16. HOW TO CONTACT US
If you have any questions or comments about these Terms of Use or the Websites, please contact us by:
Calling us at: (727) 446-2200
Emailing us at: info@bonAppétitGroup℠.com
Writing to: Bon Appétit Group℠
811 Douglas Avenue, Suite A
Dunedin, FL 34698
