Terms – Samurai Grill and Sushi Bar

LEGAL NOTICE
TERMS AND CONDITIONS OF USE
Please Read These Terms and Conditions of Use Carefully Before Using the Website

This website ("Site") is provided by Samurai Grill and Sushi. ("Samurai Grill and Sushi"), These Terms and Conditions of Use ("Terms and Conditions of Use") are a legal and binding agreement between you and Samurai Grill and Sushi governing your use of this Site, which includes its content, information, services, and features. If you do not agree to these Terms and Conditions of Use, then you should not use this Site.

Your use and browsing of this Site is at your risk. If you are dissatisfied with this Site in any way, its contents, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using this Site.
Modifications to These Terms and Conditions of Use

We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to this Site, along with the date on which it was most recently updated as indicated by the "Last Updated" section at the end of these Terms and Conditions of Use. Your continued access to and/or use of this Site after any such changes constitutes your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
Use of this Site

This Site and all content, information, and other materials featured, displayed, contained, and available on this Site, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the "look and feel", pages, screens, content arrangement, and computer programs (collectively, the "Materials") are owned by or licensed to Samurai Grill and Sushi and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under the United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this Site for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this Site or its Materials. Except as expressly provided herein, we do not grant to you any express or implied right under any patents, trademarks, copyrights, or trade secret information.

You agree to abide by all additional terms, conditions, and restrictions included within this Site, the Materials, and/or the features and services.

Samurai Grill and Sushi may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Site, or any portion thereof; (2) change, revise, or modify this Site, the Materials, or any portion thereof; (3) interrupt the operation of this Site, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain features and services, or restrict your access to parts of or the entire Site; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
User Conduct

You agree to use this Site and the Materials in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree not to:

modify, adapt, translate, or reverse engineer any portion of this Site or the Materials;
use this Site or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to solicit any such activity;

We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this Site, the Materials, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions of Use and/or applicable law.
Submissions

You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on this Site or any of our other websites infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

Notices and counter-notices should be sent to:
Samurai Grill and Sushi.
info@nullABQSamurai.com

Samurai Grill and Sushi’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms and Conditions of Use by this reference. By accessing this Site you agree to be bound by our Privacy Policy.
Trademark Information and Ownership of Intellectual Property

This Site, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on this Site (collectively, the "Samurai Grill and Sushi Intellectual Property") are owned and copyrighted by or licensed to CFA Properties, Samurai Grill and Sushi, or others with all rights reserved unless otherwise noted. We do not permit the use of Samurai Grill and Sushi Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without prior express written permission.

Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use Samurai Grill and Sushi Intellectual Property without prior express written permission. You are strictly prohibited from using any Samurai Grill and Sushi Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that CFA Properties and/or its licensee(s) will aggressively enforce intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Electronic Communications

When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.

No Warranties

Samurai Grill and Sushi makes no representations or warranties regarding this Site and the Materials.

WE DO NO WARRANT THAT THIS SITE OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THIS SITE OR THE MATERIALS, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

THIS SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE ("PROVIDERS") IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS SITE AND THE MATERIALS.
Limitations of Liability

IN NO EVENT SHALL WE OR OUR PROVIDERS (INCLUDING OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE AND THE MATERIALS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
Indemnification

You agree to indemnify, defend, and hold harmless Samurai Grill and Sushi, its Providers, and its and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with this Site.
International Users and Choice of Law

This Site is controlled, operated, and administered by us and our Providers from offices within the United States of America. We make no representation that Materials on this Site are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use and our Privacy Policy shall be governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws provisions or principles.
No Agency Relationship

Neither these Terms and Conditions of Use, nor any Materials, features, or services of this Site, create any partnership, joint venture, employment, or other agency relationship between Samurai Grill and Sushi and you. You may not enter into any contract on our behalf or bind us in any way.
Violation of these Terms and Conditions of Use and Remedies

You agree that Samurai Grill and Sushi may, in its sole discretion and without prior notice, block and/or terminate your access to this Site if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Samurai Grill and Sushi. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

If Samurai Grill and Sushi takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Samurai Grill and Sushi. You agree that Samurai Grill and Sushi will not be liable to you or to any third party for termination of your access to this Site as a result of any violation of these Terms and Conditions of Use.
Entire Agreement, Claims Limitations and Severability.

These Terms and Conditions of Use, together with our Privacy Policy and any other applicable terms included within this Site and/or the Materials, as each is currently posted on this Site, constitute the entire agreement between us and you with respect to your use of this Site and the Materials, and supersede all previous written or oral agreements between us and you with respect to such subject matter. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions of Use, our Privacy Policy, or any portion thereof to be unenforceable, such provision shall be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions of Use and Privacy Policy shall continue in full force and effect.
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