WEBSITE: TERMS OF USE & PRIVACY POLICY

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
        
This web site is provided by Jack & Charlie’s Restaurant ("J&C") and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions, you may not use nor view the site for any purpose. The ability to purchase goods and services via this website is not provided by J&C but unrelated third parties that serve as transaction providers. This website may be viewed only where it is lawful to do so, any only by those who are legally eligible to view its contents. Limited License
         
J&C authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, J&C does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. Subject to the terms and conditions set forth in this Agreement, J&C grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

Third-Party Sites
         
As a convenience to you, J&C may provide on this Site links to Web sites operated by other entities. If you use these sites, you may leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. J&C makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that J&C or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of J&C or any of its affiliates or subsidiaries.
         
No Assurance of Accuracy
         
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE VP DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE VP RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE WITHOUT NOTICE. THE VP MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

Information Provided By You
         
J&C does not want you to, and you should not, send any confidential or proprietary information to J&C via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to J&C will not be considered confidential or proprietary. By providing any such information or materials to J&C, you grant to J&C an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that J&C is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to J&C. You further recognize that J&C does not want you to, and you warrant that you shall not, provide any information or materials to J&C that is defamatory, threatening, Obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
         
Data Security
         
When you order products or services via our website, you are transferred to a third-party service provider. In good faith, we believe this third-party vendor employs SSL (Secure Sockets Layer) security technology to encrypt information you provide. SSL is an industry-standard protocol for encryption over the internet and we rely upon the good faith of third-party vendors to protect transactions. Data transmission over the internet is never 100% secure, and any information including but not limited to names, addresses, phone numbers and email addresses you provide via email is unencrypted. Within our organization, we take steps to protect your personal information, but in your selection of internet vendors and security settings on your communication device, you also play a role in managing your information. J&C cannot warrant nor guarantee the security of any information you transmit to us. Therefore, you use our site and its links at your own risk.
         
Privacy Policy / Your California Privacy Rights
         
J&C respects your privacy. We do not sell, rent, loan or transfer any personal information regarding our customers to any unrelated third parties. The information collected by J&C will not be disclosed, sold or leased to any third party unless it is necessary to do so to complete a transaction that you have specifically authorized. J&C, from time to time, may use this information for its marketing purposes. It may also be provided to law enforcement or other government officials as required by law. To restrict the use of your personal information in any way allowed by California law, please write to us at Jack & Charlie’s Restaurant, Attn: Privacy Policy, 204 East Oak Avenue, Visalia CA 93291.

Limitation of Damages
         
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VP FROM ALL CLAIMS ARISING FROM YOUR USE OR ATTEMPTED USE OF THIS SITE. IN NO EVENT SHALL THE VP OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL , PUNITIVE, CLASS-ACTION OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE VP IS EXPRESSLY ADVISED OF THE POSSIBILITY OR ACTUALITY OF SUCH DAMAGES.
         
Sales and Shipping Policy
         
When requested, and when shipping is available, we will dispatch your purchases within five business days of the receipt of your order via a common carrier of our choice. All purchases are subject to credit card verification. Your credit card will not be charged until your purchased is shipped. We will only to ship to addresses eligible for our services. Alcoholic beverages will be shipped only when lawful. Shipping charges vary by purchase, destination and requested delivery date. Detailed information is available at the time you place your order. Alcoholic beverages may be sold and delivered only to persons who are at least 21 years of age, and only for personal use, not for resale or trade. In placing your order you represent to us that you are at least 21 years of age and that the consignee of your order is also at least 21 years of age. We will require any common carrier to obtain an adult signature at the time of delivery for any package containing alcoholic beverages. The offer of alcoholic beverages via our website is void anywhere prohibited by law.
         
Rejection of Any Transaction
         
THE J&C RESERVES THE RIGHT TO REJECT ANY TRANSACTION FOR ANY REASON, AND THE VP WILL NOT BE OBLIGATED TO DISCLOSE ANY SUCH REASON. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE VP FROM ALL CLAIMS ARISING FROM YOUR USE OR ATTEMPTED USE OF THIS SITE. IN NO EVENT SHALL THE VP OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY
FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL , PUNITIVE, CLASS-ACTION OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE VP IS EXPRESSLY ADVISED OF THE POSSIBILITY OR ACTUALITY OF SUCH DAMAGES.
         
Refund Policy
         
Under California law, valid gift certificates do not expire. Concerns about perishable food items and services purchased via this website’s links must be reported to J&C within 24 hours of delivery and are not eligible for refunds but, in the event of a concern, may be replaced with a transferable gift certificate valid for any future purchase. Reports of damaged shipments should be directed to the common carrier involved in the transaction.

Use of Site / Access By Minors
         
Because of the nature of our business, our products and services are not designed to appeal to minors, and therefore we do not knowingly attempt to solicit or receive any information from those under 21 years of age. If we have reason to believe that information is being provided by a person under the age of 21, we will not collect the information. A parent or legal guardian of any minor who has concerns about access to our site may write us at The Vintage Press, Attn: Child Privacy, 204 East Oak Avenue, Visalia CA 93291. As required by the Communications Decency Act of 1996, J&C hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access by minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch, and GuardOne. J&C does not sponsor or endorse any of these companies or their services.
         
Applicable Law
         
These terms constitute the entire agreement between J&C and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within 30 days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall
continue in full force and effect.
         
Force Majeure
         
J&C will not be responsible for its performance under these Terms of Service if J&C is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement by reason of any provision of any present or future law or regulation or order of the United States of America, or any state thereof; any act or omission of a third party; or any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of J&C, whether J&C knew or should have known of any condition.
         
Changes to this Agreement
         
J&C reserves the right, at its sole discretion and without notice, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be binding on all parties when the change is posted. Your continued use of the site after any changes are posted will be considered acceptance of those changes. J&C may terminate, change, suspend or discontinue any aspect of the J&C Site, including the availability of any features of the Site, at any time. J&C may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. J&C may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.