IMPORTANT! THESE TERMS AND CONDITIONS (THESE “TERMS AND CONDITIONS”) GOVERN THE USE OF THE 131 MAIN WEBSITE BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED TO AS “YOU”). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS. CAPTIVA RESTAURANT GROUP, LLC RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS AND CONDITIONS REGULARLY.
These Terms and Conditions govern Your use of the Web site. These Terms and Conditions, however, do not apply to Captiva Restaurant Group, LLC’s products or services, which are the subject of separate agreements.
2. Permitted Use.
You have a nonexclusive, nontransferable, limited, revocable right to use the Web site solely for Your informational use in evaluating Captiva Restaurant Group, LLC and its products and services. You may not use the Web site for any other purpose without Captiva Restaurant Group, LLC’s express prior written consent, including, without limitation, any commercial purpose. For example, You may not and may not authorize any other person or entity (“Person”) to (i) frame the Web site or any portion thereof (whereby the Web site or a portion thereof will appear on a user’s screen with a portion of another web site, or with content or advertising of any Person without Captiva Restaurant Group, LLC’s consent), or (ii) Co-brand the Web site or any portion thereof. “Co-branding” means the display of a name, logo, trademark, or other means of attribution or identification of any Person in such a manner reasonably likely to give a user of the Web site the impression that such the Person is associated or affiliated with Captiva Restaurant Group, LLC, or has the right to display, publish, transmit or distribute the Website or content accessible within the Web site. In addition, You may not and may not authorize any Person to link to any part of the Web site without Captiva Restaurant Group, LLC’s prior written consent. You agree to cooperate with Captiva Restaurant Group, LLC in causing any unauthorized framing, Co-branding, linking or similar activity to immediately cease. You may not take any action that violates our Acceptable Use Policy.
3. Proprietary Information.
You acknowledge and agree that as between Captiva Restaurant Group, LLC and You, Captiva Restaurant Group, LLC is the owner of all right, title and interest in the Web site and all content accessible within the Web site (the “Content”), including, without limitation, all trademarks, service marks, trade names, patent rights, copyrights, and other intellectual property or proprietary rights with respect thereto. You will not reproduce, transmit, publish or distribute sublicense or otherwise transfer or make available to others, or edit, modify or create any derivative works of all or any part of the Web site or the Content, without the express written consent of Captiva Restaurant Group, LLC, other than limited printed copies of materials that you may need for Your own use and that contains all of Captiva Restaurant Group, LLC’s copyright and other notices. Without limiting the generality of the foregoing, You will not use any systematic retrieval process including without limitation, scrapers, robots, or bots, to collect, create, or compile Content or other data from Captiva Restaurant Group, LLC’s Web site.
You will have access to a variety of third party sources of content through the use of the Web site and the Internet. Captiva Restaurant Group, LLC has made no effort to verify the accuracy or suitability of any information contained in any such sources, including, without limitation, any other website that you can link to from the Web site. Accordingly, Captiva Restaurant Group, LLC has no liability or responsibility whatsoever for any content provided by any other Person contained on or obtained through the Web site. You acknowledge and agree that any access, use or reliance on any such third party content is at Your own risk. You understand that, except for information, products or services clearly identified as being supplied by Captiva Restaurant Group, LLC, Captiva Restaurant Group, LLC does not operate, control or endorse any information, products or services of any other Person on the Web site.