Orange Brands Management (“OBM”) operates the website located at www.sushisamba.comand www.duckandwaffle.com and www.duckandwafflelocal.com(the “Websites”), as well as other online channels and social media, including but not limited to Facebook, Instagram, Pinterest and Twitter (collectively, the “Social Media”, and together with the Website, the “Sites”).
By using the Sites, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to be bound by these Terms, then you are not authorized to use, browse, or access the Sites and should stop immediately. You are not authorized to use the Sites if (a) you are not of legal age or otherwise do not have the legal capacity to form a binding contract with OBM; or (b) you are a person barred from using the Sites either: (i) under the laws
- Information we may collect from you
- Use of your information for marketing
- Other ways we may use your information
- How we share your information
- Information in Your Submissions
- “Do Not Track” Signals
- Links on Sites and in advertisements
- How you can access your information and other rights
- Governing Law
- Contact Us
1 Information we may collect from you
We may collect and process the following information about you:
1.1 Information you give us
You may give us information about yourself by communicating with us through the Sites or by email. This includes information you provide when you create an account, book a reservation, join our mailing list, update your profile information, participate in Social Media, enter a promotion or survey and when you have a question or report a problem with our Sites. The information you give us may include without limitation the following:
- Contact details including your name, email address and phone number;
- Personal details including gender, date of birth, age and country of residency;
- Credit or debit card or other payment information; or
- Purchase and reservation history.
“Personal Information” is information which identifies you or another person, or is capable of doing so.
1.2 Information we collect about you
With regard to each of your visits to the Sites we may automatically collect the following information without limitation:
- technical information, including the Internet Protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from the Sites (including date and time); pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
This information is not Personal Information, but if we combine it with Personal Information, we will treat the combination as Personal Information.
Cookies: A cookie is a piece of data stored on your computer, which is a standard feature of browser software. A cookie assigns each visitor a unique, random number that resides on your computer. Our cookies do not actually identify the visitor, just the computer that a visitor uses to access the Sites. If you view the Sites, your web browser may store cookies on your computer, which will better enable you to navigate the Sites when you return. Cookies also may be used by some of the websites to which we link. We do not control the use or contents of third party cookies, for example, by Facebook, Instagram or Pinterest.
We will undertake the following process when a user first accesses the site(s):
- information about the sending and purposes of the cookie will be given to the user via pop-up
- the user, having been provided with this information, must consent before the cookie is placed on their computer or the information stored in their computer is retrieved.
You can set your browser not to accept cookies. You may use the Sites even if you choose to reject or delete the cookies. However, if you do, you may not be able to take full advantage of the features of the Sites. To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.
Our cookies will never be used by us to collect your sensitive personal data or financial details, such as credit card or debit card number. You can disable Cookies by adjusting the settings on your web browser (e.g. Internet Explorer; Safari; Chrome; Firefox or Opera) although this may affect your ability to fully utilise our Site.
Authentication: to recognise you if you are signed in to our Site.
Performance: Some Cookies may collect information about user visits to our Site, for example which web pages visitors use most often. We might also use these performance Cookies to highlight services which we think will be of interest to you based on your previous use of our Site [To help us monitor visitor traffic to our website and understand how our Site is used, we have enabled a third party software tool ‘Google Analytics’ to collect data about our Site traffic. Visitors have the ability to opt-out of Google Analytics features we use. For more information please click here. Performance cookies like these do not routinely collect information that personally identifies a visitor by name so the impact on your personal privacy should be minimal.
Functionality: Some Cookies allow our Site to remember information from your previous visits, such as contact details you previously submitted. For example, when you complete an online form (such as when you register for a service) we will use a cookie which (if you agree) will help remember your details if you use the same computer to complete another form on our Site without you having to re-enter them. These Cookies may also be used to provide information you request such as publications or newsletters.
Third Party Cookies: Our Site may also allow third parties to download Cookies to your device. For example if you choose to ‘share’ content from our Site with friends through a third party site such as Facebook or another social network, you may be sent Cookies from these third party service providers over which we have no control. If you choose to share such content, you should check the relevant third party services provider’s terms/policies for more information about cookies that they use.
Pixel Tags/Clear GIFs/Web Beacons: A pixel tag, also known as a clear GIF or web beacon, is an invisible tag that may be placed on certain pages of the Sites but not on your computer (“Collection Technology”). When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
You can read more information regarding how Google uses this information at http://www.google.com/policies/privacy/partners/.
You can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser at http://tools.google.com/dlpage/gaoptout?hl=en.
Heat Mapping and Session Recording: The Sites may use heat mapping and session recording services, including Hotjar or Zarget. Heat mapping services are used to display the areas of a page where you most frequently move the mouse or click. These services make it possible to monitor and analyze web traffic and keep track of user behavior. Some of these services may record sessions and make them available for later visual playback.
1.3 Information we receive from other sources
We may receive information about you from any of the other websites OBM operates.
We also work closely with third parties (including, for example, analytics providers and our charitable partners) and may receive information about you from them.
We also may collect information about you from other sources, such as blogs, public resources, third parties and other Site users.
2 Use of your information for marketing
We may display offers, promotions, products or services on the Sites which we think will interest you based upon the information we collect from your cookies. We also may advertise other OBM events or offerings similar to those you’ve attended or expressed an interest in. We may use your information to present you with targeted content and advertisements (including on third party websites and apps) based on your past visits to the Sites and information collected over time by us and third parties. Such targeted content and advertisements may include marketing for the Sites and our products and services, or the sites, products and services of our advertising or charitable partners. provide you with special offers and promotions.
We also may send you marketing information or other communications by email. You may opt out of marketing communications at any time via the unsubscribe link at the bottom of the relevant email. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, reservations, dealings with the Sites, or technical information about the Sites.
Direct marketing without prior consent will not be allowed unless we have obtained your details in the course of selling you our goods or services.
3 Other ways we may use your information
We also may use your information for at least the following purposes, either ourselves or through our service providers acting on our behalf:
- to help provide services to you and respond to your questions and requests;
- to analyze your use of the Sites;
- to enable you to pay for products and book reservations;
- to conduct surveys, sweepstakes and promotions;
- to analyse and develop advertisements and advertising campaigns, optimize and determine the effectiveness of content and advertisements, and analyse your interactions with content and advertisements.
Our third-party service providers support the Sites and help us provide and improve our service to you, carry out surveys, and conduct user analysis to understand your needs and preferences. We ask these service providers to keep your Personal Information safe and secure, and only to use your Personal Information for the purposes we specify. Our third party service providers include the organisations that support our reservation and payment services, as well as our technology and marketing vendors.
We also may share some broader statistics and customer profiling information with other OBM store locations.
At our discretion, we may de-identify or aggregate Personal Information and may share it in an anonymous, de-identified or aggregated form with third parties to show or analyse site usage, improve our services, improve our user experience, or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.
4 How we share your information
OBM does not share your Personal Information with third parties for their direct marketing purposes, unless we have obtained your prior affirmative consent.
OBM may share your Personal Information:
- to comply with the law or legal process, or cooperate with law enforcement or government requests;
- to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or exercise legal rights or defend against claims;
- as we feel is necessary or advisable to prevent illegal activity or to protect our interests or the rights, safety or property of others; and
- to an affiliate or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our business or operations (including without limitation in connection with bankruptcy or any similar proceedings).
5 Information in Your Submissions
If you choose to disclose Personal Information when submitting content to OBM via the Sites (“Your Submissions”), this information may become publicly available and no longer characterized as Personal Information, and may be collected and used by others, including people outside OBM. It is up to you to make sure you are comfortable with the information you choose to include in Your Submissions. Your Submissions may be available to Sites users and to users of other websites and services; OBM will not have any obligations with respect to any information that you include in Your Submissions. We recommend that you use caution when giving out Personal Information to others through social media networks or otherwise, as such information may become publicly available. You can protect Personal Information by not including personally identifying information in Your Submissions.
OBM is not liable for any loss or damage resulting from the posting of Your Submissions on the Sites. OBM may remove any of Your Submissions from the Sites with or without notice. If you have any concerns about Your Submissions appearing on the Sites, please contact us at the following email address: firstname.lastname@example.org.
6 “Do Not Track” Signals
OBM uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of your Personal Information.
As no system is 100% secure, any submission or transmission of your Personal Information is done at your own risk. We cannot accept any liability for the loss, theft or misuse of any Personal Information.
You must be over the age of 16 to book a reservation, make a purchase, or become a registered user of the Sites. If you are under 16 years old, please do not provide us with your name, contact details or any other information about yourself. If you are between 16– 17, you represent that you have the consent of your parent or legal guardian to use the Sites and allow us to collect your Personal Information and use it in accordance with this policy.
9 Links on Sites and in advertisements
Our Sites contain links to other websites, including our third party payment providers and reservation booking partners, and links in third party advertising. We do not have any control over these third party websites and take no responsibility for any information you give them. Other sites have different privacy policies, which we advise you to read.
10 How you can access your information and other specified rights
You can request, at any time, access to the personal information we hold about you.
You can email us at email@example.com to request access to your Personal Information.
We will reply within 30 calendar days as specified by European Data Protection Law.
Under data protection law, you have the right to access the personal information that we are processing which identifies you. You are also entitled to request information which we are processing about you through automated means to be transferred to you or a third party. You are also entitled, in certain circumstances, to request that we stop processing information we hold on you, to object to any processing that we are undertaking on your information or to have the data erased.
- You have the right to request access to your personal data and know more specifically, why and how we hold it.
- You have the right to rectification of inaccurate personal data, and we will ensure that inaccurate or incomplete data is erased, amended or rectified.
- You have the right to have your personal data erased if:
- The data is no longer needed for its original purpose and no new lawful purpose exists;
- The lawful basis for the processing is your consent, you withdraw that consent, and no other lawful ground exists;
- You exercise the right to object, and we have no overriding grounds for continuing the processing;
- The data has been processed unlawfully; or
- Erasure is necessary for compliance with EU law or specified British law
- SushiSamba/Duck & Waffle have the right to decline your request for erasure of personal data to the extent that data processing is necessary:
- For exercising the right of freedom of expression and information;
- For compliance with a legal obligation which requires processing by EU or British law to which SushiSamba/Duck & Waffle are subject, or for the performance of a task carried out in the public interest, like public health, archiving and scientific, historical research or statistical purposes; or
- For the establishment of, exercise of or defence against legal claims.
- You have the right to restrict the processing of your personal data if:
- The accuracy of the data is contested (and only for as long as it takes to verify that accuracy);
- The processing is unlawful, and you request restriction (as opposed to exercising the right to erasure);
- SushiSamba/Duck & Waffle no longer needs the data for their original purpose, but the data is still required by SushiSamba/Duck & Waffle to establish, exercise or defend legal rights; or
- Verification of overriding grounds is pending in the context of an erasure request.
- You have the right to receive your own personal data, which you have provided to SushiSamba/Duck &Waffle, in a structured, commonly used and machine-readable format. You also have the right to transmit the data to another data controller without hindrance from SushiSamba/Duck & Waffle unless this is technically unfeasible.
- Whenever SushiSamba/Duck & Waffle justify in writing to you via privacy notice that the data processing we carry out of your personal data is on the basis of its legitimate interests, you can object to such processing. As a consequence, SushiSamba/Duck & Waffle would no longer be allowed to process your personal data unless it can demonstrate compelling, legitimate grounds for the processing. These grounds must be sufficiently compelling to override your interests, rights and freedoms, such as to establish, exercise or defend against legal claims.
- You have the right not to be evaluated on the basis of automated processing. The right not to be subject to automated decision-making applies only if such a decision is based solely on automated processing and produces legal effects concerning you or similarly significantly affects you. The underlying processing of personal data is allowed if it is authorised by law, necessary for the preparation and execution of a contract, or done with your explicit consent, provided that SushiSamba/Duck & Waffle has put sufficient safeguards in place. Such safeguards might include the right to obtain human intervention on the part of SushiSamba/Duck & Waffle or another equally effective opportunity to express your point of view to contest the decision.
You are responsible for keeping your Personal Information current. You may update your Personal Information through the “update your information” site link or by sending an email to firstname.lastname@example.org. You may not opt out of receiving communications regarding your purchases, your dealings with the Sites, or technical information about the Sites.
If you prefer not to receive marketing or promotional emails from us, you may click on the “Unsubscribe” link in any promotional email you receive from us and follow the “Unsubscribe” instructions. Please note that such requests may take up to ten (10) business days to become effective.
11 Governing Law
European Data Protection Law will apply when selling products and/or services to data subjects within the European Union. It will also apply if we process personal data in the context of the establishment of one of our branches in the European Union.
12 Contact Us
YOU AND OBM UNDERSTAND AND AGREE THAT THE ARBITRATION PROVISION CONTAINED IN SECTION 6 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED.
OBM may change these Terms from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and only apply to use of the Sites after that date. Each time you access, use or browse the Sites, you signify your acceptance of the then-current Terms.
13 Proprietary Rights
All right, title, and interest in and to the Sites, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights, are owned by OBM and/or its licensors. You agree not to use, copy, share, distribute, or republish or exploit for any commercial purpose, any portion of the Sites other than as expressly authorized in advance by OBM in writing.
So long as you agree and comply with the Terms, you are permitted to use, copy, share, distribute, or republish materials on the Sites solely for non-commercial purposes in support of your interaction with OBM’s services and with attribution to OBM. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Sites or in the Content.
Use of the Sites in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Sites by any means other than through a standard web browser. You shall not harvest or otherwise collect any data, information or content from the Sites, including by using manual or automated software, devices, or other processes to “crawl”, “scrape” or “spider” any page of the Website to copy, obtain, propagate, distribute or misappropriate any content.
14 Your Submission
Any content you submit to OBM via the Sites is hereafter referred to as “Your Submission”. By submitting Your Submission, you grant to OBM, and its parent companies, subsidiaries, partners, and affiliates and their successors, assigns and licensees (collectively, the “OBM Grantees”) the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, non-exclusive, and royalty-free right, license, authorization, and permission, to use Your Submission, in any form or format, on or through any media and with any technology or devices now known or hereafter developed or discovered, in whole or in part, including without limitation to host, cache, store, maintain, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, incorporate into any other content and otherwise exploit through the Sites and any other channels, services, and other distribution platforms through all types of media, whether currently existing or existing or developed in the future (collectively, the “Platforms”), for any purpose whatsoever including, without limitation, for any promotional or marketing purposes without any inspection, notification, credit or obligation of compensation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted hereunder to the OBM Grantees, in our sole discretion, including without limitation the right to distribute and synchronize all or any portion of Your Submission in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of Your Submissions; to encrypt, encode and decode, and compress and decompress all or any portion of Your Submissions; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of Your Submissions; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of Your Submissions; and to excerpt and/or extract portions of Your Submissions in order to host, store, index, categorize and display Your Submissions on or through the Platforms. OBM has no obligation to post, retain or make any use of Your Submission, and will not return to you any copies of or materials relating to Your Submission.
The submission of Your Submission confirms your acceptance of, and agreement to be bound by, all the terms and conditions of these Terms. By submitting Your Submission, you represent and warrant that: (a) you are the exclusive owner of all rights to Your Submission and have the right to grant all of the authorizations, permissions, approvals, consents, rights and licenses as described in these Terms, or have all necessary authorizations, permissions, approvals, consents, rights and licenses from the other owner(s) of or persons or property depicted in any part of Your Submission to perform and comply with all of the provisions of these Terms; (b) Your Submission is your original work; (c) it has not been previously published; (d) you are the age of majority in your jurisdiction and have the legal right and capability to enter into, perform and comply with these Terms, or if you are between 13 – 17 years of age, you have the permission of your parent or guardian to submit Your Submission and your parent or guardian agrees to these Terms; (e) Your Submission is correct, complete, and current to the best of your knowledge; (f) Your Submission and its use as permitted in these Terms does not violate these Terms, any rights of any other party, or any of your obligations, and does not infringe or misappropriate any intellectual property, privacy, publicity or other rights of any third party, or otherwise violate any law or regulation; (g) the submission of Your Submission is not subject to or under the jurisdiction of any guild or union collective bargaining agreement and none of the OBM Grantees shall be obligated or responsible for providing any guild or residual payments, or payments to any manager, agent, or other representative in connection with Your Submission; and (h) Your Submission does not contain any obscene, abusive, discriminatory, profane, violent, unlawful, sexually explicit, or defamatory material. OBM may remove any of Your Submissions from the Sites and may suspend or delete your account at any time at its own discretion.
The OBM Grantees are not responsible for: (a) unauthorized human intervention in any part of the process for submitting Your Submission; (b) printing, typographical, technical, computer, network or human error which may occur in the administration of the submission process; (c) lost, undeliverable, or damaged submissions; or (d) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Your Submission. The OBM Grantees are not responsible for misdirected or undeliverable submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. The OBM Grantees are not responsible for any unauthorized third party use of Your Submission.
15 Notice and Procedures for Making Claims of Copyright or Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide OBM’s Copyright Agent a Notice containing the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (providing URL(s) in the body of an email is the best way to help locate content quickly);
- your name, address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
OBM’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Copyright Agent, Orange Brands Management
17 East 16th Street, 2nd Floor
New York, NY 10003
16 Your Information and Privacy
17 Notice Required By California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name and address of the provider of the Website is: Orange Brands Management, 17 East 16th Street, 2nd Floor, New York, NY 10003. Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to email@example.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
18 Release; Indemnification
YOU AGREE TO RELEASE AND HOLD HARMLESS EACH OF THE OBM GRANTEES AND ANY OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, LICENSORS, PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, PARTNERS, AGENTS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, ADVERTISING/ PROMOTION AGENCIES, AND ALL THIRD PARTIES TO WHOM THE OMB GRANTEES HAVE LICENSED OR ASSIGNED ANY OF THE RIGHTS OBTAINED THROUGH THESE TERMS, AND EACH OF THEIR RESPECTIVE PARENT COMPANIES AND EACH SUCH COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “OBM PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTIONS OR SUITS ARISING OUT OF THE USE OF THE SITES INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH OR DAMAGE TO OR LOSS OF PROPERTY, AND THOSE ARISING IN CONNECTION WITH YOUR SUBMISSION, INCLUDING, WITHOUT LIMITATION, ANY AND ALL LIABILITY FOR ANY USE OR NONUSE OF YOUR SUBMISSION OR OTHER CONTENT, DEFAMATION, LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, DIRECT OR INDIRECT TRADEMARK INFRINGEMENT, UNFAIR COMPETITION, DIRECT OR INDIRECT PATENT INFRINGEMENT, DIRECT OR INDIRECT COPYRIGHT INFRINGEMENT, PSYCHOLOGICAL HARM, EMOTIONAL DISTRESS OR ECONOMIC LOSS. EACH OF THE OBM PARTIES HAS THE RIGHT TO ASSIGN, TRANSFER, CONVEY, LICENSE, SUB-LICENSE AND OTHERWISE TRANSFER, SUB-CONTRACT, DELEGATE, OUTSOURCE OR ENGAGE THIRD PARTIES TO PERFORM OR BENEFIT FROM ALL OR ANY PORTION OF ITS OR THEIR RIGHTS AND/OR OBLIGATIONS TO ANY ONE OR MORE OTHER PARTIES, WITHOUT ACCOUNTING, REPORTING, OR NOTIFYING YOU OR ANY OTHER OBLIGATION OR LIABILITY TO YOU WHATSOEVER, NOW OR IN THE FUTURE. YOU ALSO FOREVER WAIVE AND RELINQUISH ALL MORAL RIGHTS OR DROIT MORAL NOW OR HEREAFTER RECOGNIZED IN CONNECTION WITH YOUR SUBMISSION AND THE RIGHTS GRANTED TO THE OBM PARTIES.
You agree to indemnify, hold harmless, and defend the OBM Parties, directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) these Terms and/or any breach by you thereof; (b) your use of the Sites, including any data, content, or work transmitted or received by you; (c) any unacceptable or objectionable use of the Sites, as OBM determines at its sole discretion; and (d) any negligent or willful misconduct by you.
19 Disclaimers and Limitation of Liability
THE SITES ARE PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOUR USE OF THE SITES INCLUDING WITHOUT LIMITATION SUBMISSIONS FEATURES IS SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR SUBMISSIONS AND FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SITES OR LINKS CONTAINED THEREIN. OBM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO YOU REGARDING THE SITES, INCLUDING WITHOUT LIMITATION WARRANTIES CONCERNING ACCESS TO AND/OR THE AVAILABILITY, ACCURACY, USEFULNESS AND/OR SECURITY OF THE WEBSITE, ANY CONTENT, MATERIAL, SOFTWARE, INFORMATION, DATA, SOFTWARE, CAPABILITIES, RESOURCES, FACILITIES, PRODUCTS AND/OR SERVICES MADE AVAILABLE TO YOU THROUGH THE SITES, AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SITES WILL FUNCTION OR PERFORM IN ANY PARTICULAR MANNER. THE SITES INCLUDING ALL CONTENT ARE MAINTAINED ON SERVERS IN THE UNITED STATES INTENDED FOR USERS THAT ARE NOT RESTRICTED OR PROHIBITED BY LAW OR REGULATION TO ACCESS AND USE THE SITES IN THE UNITED STATES.
UNDER NO CIRCUMSTANCES SHALL THE OBM PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THESE TERMS. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE CUMULATIVE REMEDY FOR ANY CLAIMS OR DISPUTES RELATING TO THE OBM GRANTEES OR THE SITES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
OBM makes no representation that images on the Sites are accurate or available; images on the Sites may not reflect OBM’s actual menus, products, services, seating, availability or prices. In the event of any mistake, error, or other inadvertent communication or incorrect information, however arising, OBM has no responsibility to honor inaccurately disclosed or described information. OBM shall not be liable for any delay or failure to communicate resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including, without limitation, Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials, and is not responsible for site unavailability or technical failure of any kind, including but not limited to malfunctions, interruptions or disconnections in phone lines or network hardware or software.
20 Arbitration; Governing Law; NO CLASS CLAIMS; NO JURY TRIAL; Timely Filing of Claims
Any controversy or claim arising out of or relating to these Terms or a breach thereof, with the exception of any injunctive or equitable relief sought by OBM for any violation of these Terms, shall be submitted to binding arbitration in New York, New York in accordance with the rules and procedures of the American Arbitration Association (“AAA”), with the exception of any conflicts-of-law provisions.
These Terms are made in, and shall be governed by, the laws of New York, excluding its conflicts-of-law provisions. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or you decide to challenge the arbitrator’s decision or these Terms, or OBM initiates equitable proceedings, all actions, claims, or disputes arising under or relating to these Terms shall be brought exclusively in the federal or state courts of New York. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in New York and to the venue of any such suit, action, or proceeding brought in any federal or state court in New York. You agree to waive trial by jury in any action, proceeding or counterclaim brought by against the OBM Parties on any matter whatsoever arising out of, relating to, or in any way connected with these Terms.
The non-prevailing party in such proceedings shall pay the prevailing party’s costs and expenses, including but not limited to reasonable attorneys’ fees. NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or OBM may apply to any court of competent jurisdiction for injunctive relief or enforcement of this arbitration provision, without breach of this arbitration provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST ANY OF THE OBM PARTIES WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE SITES OR THESE TERMS MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You may not assign or transfer your rights or obligations under these Terms without the prior written consent of OBM, and any assignment or transfer in violation of this provision shall be null and void. These Terms may be assigned by OBM, in its sole discretion, to a third party, and such an assignment will inure to the benefit of OBM’s successors, assigns and/or licensees.
Please direct any questions about the Sites or these Terms to OBM at firstname.lastname@example.org.