Welcome to The Restaurant Scientist (“The Restaurant Scientist”) Web Site. By using THE RESTAURANT SCIENTIST website you are deemed to have read and agreed to the following terms and conditions:
The Restaurant Scientist operates as a consulting services conduit for restaurateurs.
As a consulting organization, The Restaurant Scientist provides and makes available this Web Site Terms and Conditions of Use (the “Terms”). The Terms present a contractual agreement between you (“user,” “you” and “your”) and The Restaurant Scientist regarding your use of this Web Site. Content for all the pages and sites of The Restaurant Scientist are affiliated or under common control of The Restaurant Scientist, which is collectively referred to hereunder as “we,” “us” and “our.”
- We may update and amend the Terms from time to time, as we deem necessary in our sole discretion.
- If any provision of the Terms is held to be invalid or unenforceable, such provision will be struck, and the remaining provisions will be enforced. Headings are for reference purposes only.
1. HOW CHANGES CAN BE MADE
The primary goal of this Web Site is to provide you with access to information about our businesses, facilities, services, products, and related links to find your solutions with respect to these businesses, facilities, services, and products (the “Content”). The Terms are meant to protect all of the visitors to and users of this Web Site, and your access to and use of this Web Site signifies your agreement with these Terms. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of this Web Site, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if you access or use this Web Site after we have posted notice of such modifications, alterations, or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED, OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS WEB SITE AFTER SUCH MODIFICATIONS, ALTERATIONS, OR UPDATES HAVE BEEN POSTED.
Some of the information provided on this Web Site (including but not limited to descriptions of resorts, locales, and activities) has been obtained from third parties and is provided for informational purposes only. The Restaurant Scientist is not liable for any inaccuracies in any third-party information provided on this Web Site and does not endorse any of the activities, guides, vendors, or service providers described. It is your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any third-party guide, vendor, or service provider. The Restaurant Scientist expressly denies any liability for engagement in any activity, and for use of any third-party guide, vendor, or service provider that may be mentioned or described on this Web Site. Additional fees, terms and conditions, and restrictions may apply to any activity or service and are determined solely by the third-party vendor, guide, or service provider. Please contact the third-party service provider, guide, or vendor for complete details. The Restaurant Scientist does not book, nor does it make any representations regarding the availability of third-party activities or services.
You should note that these Terms contain additional disclaimers and limitations on our liability, which can be found in Sections 11 and 12 below. Please read these carefully and make sure that you understand them before continuing with your use of this Web Site.
- (2) Agent and Employee Access to Confidential Information. We acknowledge that, during the term of any agreement with The Restaurant Scientist, our agents and employees will have access to confidential information of our clients and/or prospective clients, all of which is hereby agreed to constitute confidential information of the clients. The Restaurant Scientist shall not divulge any of the website contents, or any other information relative to the clients and business operations of the affiliates, agents, or employees. The Restaurant Scientist and its affiliates and assigns further covenant and agree that it will not keep or use for its personal advantage, either directly or indirectly, any information related to The Restaurant Scientist’ business and will not furnish or make available any such information to any third party, without the permission of The Restaurant Scientist, except for (a) any information which is in the public domain at the time of such disclosure; (b) any information received from a third party legally entitled to possess and transmit the information; or (c) any information required to be disclosed by legal process.
3. General Data Protection Regulation (GDPR)
If any of the Service Offerings, in whole or in part, are or may be subject to the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”), The Restaurant Scientist agrees to process personal data in accordance with GDPR requirements.
4. California Consumer Privacy Act (CCPA)
For any Personal Information subject to the CCPA, The Restaurant Scientist shall not: (a) sell Personal Information; (b) retain, use, or disclose the Personal Information for any purpose other than for the specific purpose of performing the Services; (c) retention, use, or disclose information outside of the direct business relationship between The Restaurant Scientist and you. The Restaurant Scientist certifies that it understands these restrictions and will comply with them.
5. USE OF THIS WEB SITE & INTELLECTUAL PROPERTY RIGHTS
(1) Use of Site Content.
- We control and operate this Web Site. All content on this Web Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of The Restaurant Scientist, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to national and international copyright laws and treaty provisions, privacy and publicity laws).
- Content is owned and controlled by The Restaurant Scientist, or related entities, or those affiliates and partners who have made available their content or the right to market their products and/or services to us. Content on this Web Site is solely for your personal and or commercial use, and may not be used in any manner that is likely to confuse our customers, other users of this Web Site, or the general public.
- The Restaurant Scientist grants you a non-transferable license to access, download, and print one copy of the content displayed on its website to be used only in accordance with these terms. Only one computer may complete the accessing, downloading, and printing. The information is to be used only for internal and business purposes. You cannot change the content in any way. All copyrights and proprietary notices remain intact. By accepting this license, you agree that you abide by all additional copyright notices, information, or restrictions contained in or with any content and will not otherwise distribute, post, copy, change, or disclose any site content without the written consent of The Restaurant Scientist. You may request consent by email a request to The Restaurant Scientist at firstname.lastname@example.org. The use of this site statement works in conjunction with any other use of site statements that can be found on this site.
(2) Use of Intellectual Property Rights
a. Trademarks and Copyrights
- All trademarks, service marks, designs, graphics, logos are the unregistered and registered trademarks of The Restaurant Scientist. By using this site, you agree that you will not attribute any information to The Restaurant Scientist for your own advertising or promotional purposes. Also, you agree that you will not use any trademarked information to sway or inform a third party, and you will not use the information for personal purposes, nor imply relationships or endorsements with a trademark belonging to The Restaurant Scientist. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of The Restaurant Scientist, or otherwise incorporate into another Web site any of the content or other materials on this Web Site, without our express prior written consent.
- The copyrights of all content, including texts, graphics, articles, paragraphs, blogs, tagline or any visible elements on this site belongs to The Restaurant Scientist and is protected by national and international copyright laws.
- Violation of trademark and copyright laws (“Infringement”) may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of the content, copyrights, trademarks, service marks, or other intellectual property on this Web Site, except as authorized by these Terms, is considered intentional Infringement.
b. Notice and Procedure for Making Claims of Copyright Infringement
- If you believe that your work has been copied and posted on this Web Site in a way that constitutes copyright infringement, please contact The Restaurant Scientist staff immediately. When you contact us, please prepare a Notification of Claims of Copyright Infringement. This includes the following: A description of the copyrighted work that you claim has been infringed; A description of where the material that you claim is infringing is located on the Web Site; Your 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 owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. The Restaurant Scientist will remove any information or postings that infringe on the rights under U.S. Law. Written notification containing the information set forth above must be submitted to the following address for Notice of Claims of Copyright Infringement:
The Restaurant Scientist
c/o – Hospitality Concepts, LLC
668 Clifton Avenue
Newark, NJ 07104
6. USER’S RESPONSIBILITIES
You warrant and represent to us that you will not use this Web Site for any purpose that is unlawful, illegal, or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing, or knowingly receiving of, or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually-oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent, or otherwise offensive. If you violate any of these Terms, your permission to use this Web Site immediately terminates without the necessity of any notice. We, at our sole discretion, retain the right to deny access to this Web Site to anyone for any reason, including for violation of the Terms. Some of these types of violations are more fully described below in Section 7.
You are solely responsible for the content, accuracy, and your use of your Information, and we merely act as a passive conduit for your online distribution and publication of your Information. As used in these Terms, “Information” means any information or data that you submit to or through this Web Site and any information or data that is generated by this Web Site as a result of your use of or access to this Web Site. Certain special rules and restrictions may apply to your personally identifiable information.
You agree that any information that you provide will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete (or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity relating to, and to refuse any and all current or future use of, this Web Site.
7. PROHIBITED ACTIVITIES
You are prohibited from any use of this Web Site and you agree not to permit others to use this Web Site as well for any of the following:
(a) Take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Site’s infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) Disclose to, or share with, any unauthorized third parties the ID’s, assigned confirmation numbers and/or passwords, or use the ID’s, assigned confirmation numbers and/or passwords for any unauthorized purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of the ID’s, assigned confirmation numbers and/or passwords;
(c) Access or attempt to access our information technology systems, environments, networks, files, data, or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access;
(d) Attempt to decipher, decompile, disassemble, modify, remove, or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web Site;
(e) Interfere or attempt to interfere with, disrupt, disable or damage, or unauthorized use or operate this Web Site or systems with any programs, scripts, commands, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise. This includes “denial of service” attacks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and modifying or rerouting any content or services provided at this Web Site;
(f) Attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with this Web Site;
(g) Upload, post, email, or otherwise transmit any information, content, or proprietary rights that you do not have a right to transmit under the Terms, or under any law or other contractual or fiduciary relationship; and
(h) Create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk, and exclusions and limitations set out above will apply to your use of this website by linking to it.
8. INFORMATION POSTED TO WEB SITE
You acknowledge and agree that we may preserve information, and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, employees, Providers, affiliated or related entities, users, and the public.
9. LINKS TO THIRD-PARTY WEBSITES
This Web Site may contain links to third-party or Provider Web sites not under our control or operation (the “Linked Sites”). The links will let you leave this Web Site and be directed to and access the Linked Sites, which you access at your own risk. You acknowledge that we provide the Linked Sites for your convenience and information only. We do not endorse, nor are we responsible for, any content, information, or other related materials, products, or services found at any such Linked Sites or any links contained within such Linked Sites, whether or not we are affiliated with the owners of such Linked Sites. Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to this Web Site from your web site or the Linked Sites, or provide any links that state or imply any sponsorship or endorsement of your web site or the Linked Sites by us or the Providers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Web Site or any Linked Sites, including payment for and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertisers. You agree that we (and our affiliated or related entities) shall neither be responsible nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of such advertisers on or through this Web Site or the Linked Sites.
WHEN YOU ACCESS OUR WEBSITE, PLEASE UNDERSTAND THAT THE CONTENT POSTED ON THIS WEBSITE IS GIVEN WITH THE AGREEMENT THAT THE RESTAURANT SCIENTIST ISN’T PART OF THE INTERPRETATION OF ANY PROFESSIONAL ADVICE OR SERVICES THAT ARE OFFERED TO YOU. ALL OF THE CONTENT THAT IS GIVEN BY THE RESTAURANT SCIENTIST IS OFFERED PURELY AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE RESTAURANT SCIENTIST IS NOT RESPONSIBLE FOR ANY DATA THAT COULD BE PUBLISHED IN SITES THAT ARE LINKED, IN SUBMISSIONS BY USERS, OR BY ANY THIRD PARTIES. THESE THIRD PARTIES AND THE RESTAURANT SCIENTIST ALSO CANNOT BE LIABLE FOR DAMAGES OR LOSSES THAT MAY OCCUR TO THE USER. FEATURES OR SERVICES CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR RELATED ENTITIES OR PROVIDERS, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, OR HOSTING OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE (OR OUR AFFILIATED OR RELATED ENTITIES OR PROVIDERS) KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INSURE TO OUR BENEFIT AND TO THE BENEFIT OF THE PROVIDERS, AND TO ALL RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND AGENTS.
13. GOVERNING LAW AND JURISDICTION
By accessing this Web Site, you agree that these Terms and your use of the Web Site shall be governed in all respect by the laws of the State of New Jersey, without regard to any conflict of laws provisions. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the State of New Jersey for all disputes, cases, and controversies regarding this Web Site, your use of this Web Site, and your relationship with us. Those who choose to access this Web Site from other locations are at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside.
We reserve the right to report any wrongdoing to any applicable government or law enforcement agencies. You agree to indemnify, defend, and hold us and the Providers, our and their respective officers, directors, employees, affiliated and related entities, agents, licensors, and suppliers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses, and damages of any kind (including attorneys’ fees) resulting from your use of this Web Site, your breach of any provision of these Terms and any negligent acts, omissions or intentional wrongdoing by You. Any such indemnification shall be conditioned on us: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss, or threat of any thereof; (b) cooperating with you in the defense or settlement thereof, and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.
15. OTHER GENERAL PROVISIONS
The Terms are for the benefit of us and the Providers, our and their respective officers, directors, employees, affiliated and related entities, agents, licensors, and suppliers. Each of these individuals and entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach of the Terms by you or others does not waive our right to act with respect to subsequent or similar breaches.