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    Date Last Modified: August 11, 2014

    We are so glad you are joining us on-line at the Salata, Inc. website (“Website”) and thank you for reviewing our Terms of Service. We hope that you will join us for lunch or dinner soon. Salata, Inc (hereinafter collectively referred to as “Salata”) makes this Website, including all information, documents, communications, files, text, graphics, and audio/visual files (collectively, the “Materials”) available for your use subject to the Terms of Service set forth herein. The Terms of Service spell out what you can expect from us and what we expect from you when utilizing our Website.

    acceptance of terms of service and non-transferabitlity

     By using our Website, you accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms of Service”). Please read these Terms of Service carefully. If you do not agree to the Terms of Service, do not use our Website. By accessing, using, or downloading in any way, without limitation, any Materials from our Website or merely browsing our Website, you agree to and are bound by these Terms of Service.

    Salata reserves the right to change the Terms of Service at any time, without prior notice to any Website visitor (“User”), so we suggest that you review the current Terms of Service at the start of each visit to the Website. If you breach any of the Terms of Service, your authorization to use our Website automatically terminates. A User’s right to use our Website is not transferable.

    intellectual property rights

    1. Copyright Information and Personal and Non-Commercial Use Limitation

    All Materials and the compilation of all content included on our Website is owned or licensed by Salata and protected by United States and international copyright laws. Salata does not claim ownership of copyrights owned by third parties.

    You have been granted a license to view and use the Materials subject to these Terms of Service. Unless otherwise specified, the Materials on our Website is for your personal and non-commercial use. You may not sell or modify Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Salata. Users may not provide copyrighted or other proprietary information to Salata without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.

    2. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

    The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on our Website in a way that may constitute copyright infringement, you may provide notice of your claim to Salata’s Designated Agent listed below. For your notice to be effective, it must include the following information:

    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. description of the copyrighted work that you claim has been infringed upon;
    3. A description of where the material that you claim is infringing is located on our Website;
    4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
    5. 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; and
    6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Salata’s Designated Agent is:

    Attn: Chief Legal Officer 
    Salata Corporate HQ 
    919 Milam #T-1400 
    Houston, Texas 77002

    dev@salata.com
    T: 713-739-0101
    Fax: 713-739-0707

    The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered.

    3. Trademarks

    Salata owns trademarks for its many goods and services. These and other logos and service marks are trademarks of Salata and may not be used without prior written consent of Salata. All other trademarks, product names, and company names and logos appearing on our Website is the property of their respective owners.

    4. Ideas and Inventions

    All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Salata in connection with your use of our Website shall be the exclusive property of Salata. User agrees that unless otherwise prohibited by law Salata may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to User.

    5. Linking

    If you have a website and wish to establish temporary or permanent links from your website to our Website, you must link to our homepage only. If you would like to link to another location within our Website you will need to receive written permission from us.

    disclaimer of warranties and limitation of liability

    User expressly agrees that use of our Website is at User’s sole risk. Neither Salata, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Salata, including but not limited to our Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on our Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of our Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our Website. From time to time the prices of our food in our restaurants may be higher or lower than those prices on our Website. In that event, the prices on our menus at each restaurant location will govern the price you will pay.

    1. Disclaimer of Warranties

     OUR WEBSITES ARE PROVIDED BY SALATA ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SALATA AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

    SALATA AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES, SECURITY OF OUR WEBSITES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR WEBSITES, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    2. Limitation of Liability

    SALATA AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITES OR ANY RELATED SERVICES. THE OPERATION OF OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF SALATA.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT SALATA AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SALATA OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

    THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OUR WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SALATA RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT SALATA AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEBSITES.

    SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SALATA GOODS OR SERVICES, FROM INABILITY TO USE THE SALATA GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SALATA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

    SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

    If you are dissatisfied with any portion of our Website, your sole and exclusive remedy is to discontinue your use of our Website.

    third party links

    Our Website contain several links to other websites and may forward Users to other websites within the same Internet browser window. These websites are not under the control of Salata, and the existence of a link on our Website does not imply any endorsement of the linked websites by Salata or any affiliation between Salata and the owners of the linked websites. Salata makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Salata has no responsibility to you with respect to such material. Salata encourages you to examine the privacy policies and/or terms of use policies of any third party website.

    online conduct

    The User agrees to use our Website and any e-mail services provided through our Website only for lawful purposes. Unacceptable uses of our Website include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on our Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by Salata to be in conflict with the spirit or intent of our Website.

    termination

    These Terms of Service are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our Website and destroying all Materials obtained from our Website and all copies thereof, whether made under these Terms of Service or otherwise. Your access to our Website may be terminated immediately without notice from Salata if in our sole discretion you fail to comply with any term or provision of these Terms of Service. Upon termination, you must cease use of our Website and destroy all Materials obtained from our Website and all copies thereof, whether made under these Terms of Service or otherwise.

    international users

    Our Website can be accessed from locations around the world. Salata makes no representations that our Website or the Materials available through it are appropriate for use at other locations outside the United States. Access to our Website from locations where our Website or any of its Materials are illegal is prohibited. If you access our Website from a location outside the United States, you are responsible for compliance with all local and/or international laws.

    security

     If you use our Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our Website, including e-mail address, credit card number, and other payment related information.

    Salata reserves the right to monitor all network traffic to our Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to our Website in any fashion. Anyone using our Website expressly consents to such monitoring.

    payment verification

    Salata reserves the right to refuse service or decline orders for any reason. Accordingly, Salata may request written verification and proof of a User’s identity by supplying us with a copy of government issued photo identification at its sole discretion.

    risk of loss

    All items purchased from our Website, including but not limited to gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. If the gift card is not received by the intended recipient and the balance on the card is equal to the original purchase price, Salata can replace the gift card upon request. Salata reserves the right to charge a replacement fee and/or shipping costs for replacement card(s).

    arbitration

    Any dispute relating in any way to your visit our Website shall be submitted to confidential arbitration in Phoenix, Arizona, except that, to the extent you have in any manner violated or threatened to violate Salata intellectual property rights, Salata may seek injunctive, equitable, or other appropriate relief in any state or federal court and the User consents to exclusive jurisdiction and venue in the states and federal courts in the State of Arizona. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (www.adr.org). The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Service or Privacy Policy, whether through class arbitration proceedings or otherwise.

    waiver/severability

     The failure of Salata to require or enforce strict performance by User of any provision of these Terms of Service or to exercise any right under them shall not be construed as a waiver or relinquishment of Salata’s right to assert or rely upon any such provision or right in that or any other instance.

    The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force and effect.

    statute of limitations

    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, Terms of Service, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

    entire agreement

    These Terms of Service constitute the entire agreement between the User and Salata with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service or Privacy Policy will be effective only if in writing and signed by Salata.


     THE SECTION TITLES IN THE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

    These Terms of Service may be changed at any time, without prior notice.