PLEASE CAREFULLY REVIEW THESE TERMS AND CONDITIONS OF USE OF THIS SITE (together with any documents that are expressly incorporated by reference, collective, the “terms,” “terms and conditions” or “terms of use”). Your use of this website or any mobile site or other domain or software application which Qol Restaurant Group, Inc., a Washington corporation, or any of its affiliates (collectively, the “Company,” “we” or “us”), owns, operates, licenses or controls (collectively, the “Site”) will indicate your acceptance of these terms; do not use the Site if you do not agree to be bound by these terms. We may periodically change these terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms.  Any such changes are effective immediately when we post them. These terms of use contain provisions that limit our liability to you.

Except as expressly indicated otherwise, contents, materials, and other information found on the Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of the Company, which may be granted or withheld in the Company’s sole discretion.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE COMPANY ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE COMPANY OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES. 

COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY RIGHTS

All contents and materials on this Site, as well as the names of the Company and its affiliates, any and all logos of the Company and its affiliates, and any and all related names, logos, product and service names, designs, slogans and similar items, are protected as the copyrights, trade dress, trademarks, tradenames and/or other intellectual property owned by the Company or by other parties who have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the foregoing materials without the prior express written consent of the Company, which may be granted or withheld by the Company in the sole discretion of the Company. All rights not expressly granted are reserved to the Company.

This Site and its entire contents, features and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not (i) modify copies of any materials from the Site; (ii) use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; (iii) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site; or (iv) access or use the Site or any contents thereof for any commercial purpose or in any way inconsistent with these terms.

PERSONAL USE

Your use of the contents and materials included on the Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from the Site could cause irreparable harm to the Company, and that in the event of an unauthorized use, the Company shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.  You are responsible for ensuring that all persons who access the Site through your internet connection are aware of and comply with these terms.

SUBMISSIONS AND USE OF THIS SITE

You agree not to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit material that are unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.  You further agree not to (i) use any robot, spider or other automatic device, process ormeans to access the Site for any purpose; (ii) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose; (iii) use any device, software or routine that interferes with the proper working of the Site; (iv) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored or hosted or any server, computer or database connected to the Site; (v) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (vi) otherwise attempt to interfere with the proper working of the Site.

The Company does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Company’s products or marketing strategies might seem similar to ideas submitted to the Company. So, please do not send your unsolicited ideas to the Company.

If, despite our request that you not send us your ideas or if you otherwise contribute to the Site via any message board, chat room, forum or similar function of the Site, the following terms shall apply to your submission or contribution. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of the Company without compensation to you or any other person or party; (2) the submission shall be non-confidential and non-proprietary; (3) the Company will not have any obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) the Company may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain, or infringe upon, trade secrets, intellectual property rights or proprietary information owned by you or a third party.  We are not responsible or liable to you or any third party for the content or the accuracy of any contributions or submissions of users of the Site.

You may use the Site only for lawful purposes and in accordance with these terms.  You shall not use the Site (i) in any way that violates any applicable federal, state, local or international law, rule or regulation; (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (iii) to transmit , or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (iv) to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity; or (v) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us in our sole discretion, may harm the Company or users of the Site or expose them to liability.

PRODUCT SALES AND AVAILABILITY

All prices displayed on this Site are in U.S. Dollars and are valid and effective only within the United States. The Company reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications or price of any products or services offered on this Site.

LINKS

Some links on this Site will redirect you to sites not under the control of the Company. The appearance of a link on this Site does not imply the Company’s support or endorsement, nor is the Company responsible for the content found on any linked site. You access linked sites at your own risk.

MONITORING, ENFORCEMENT AND TERMINATION OF USE

We have the right, but not the obligation, to (i) remove or refuse to post any submission or contribution to any portion of the Site that is setup to allow for user submissions or contributions, for any or no reason in our sole discretion; (ii) take any action with respect to any such user contribution that we deem necessary or appropriate in our sole discretion; (iii) disclosure you identity or other information about you to any third party who claims that materials posted by you violates their rights, including their intellectual property rights or their right to privacy; (iv) take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Site; and (v) terminate or suspend your access to all or any portion of the Site for any reason, or for no reason, including, without limitation, any violation of these terms.

Without limiting the foregoing, and notwithstanding anything to the contrary in any privacy policy or otherwise in these terms, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone who has used the Site or has posted or contributed any materials on or through the Site.  YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM OR RELATED TO ANY ACTION TAKEN DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, THIRD PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review any or all material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we do not assume any liability for any action or inaction regarding transmissions, communications or context provided by any user or third party. We do not have any liability or responsibility to anyone to perform any activity described in this Section.

PRIVACY

The Company’s Privacy Policy, as found on the Site and as the same may be modified from time to time, is incorporated herein by this reference.  You acknowledge that you have read the Privacy Policy and agree to be bound by its terms.

JURISDICTION

Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of Washington and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, or (iii) your conduct in connection with the Site.

DISCLAIMER

EXCEPT AS EXPRESSLY STATED OTHERWISE, AND TO THE FULLEST EXTENT PROVIDED BY LAW, THE CONTENT OF THIS SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

The Company does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if the Company is or becomes aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. The Site may contain links or information which includes press releases or forward-looking statements as defined by the U.S. Private Securities Litigation Reform Act of 1995. The information contained within any press releases issued by the Company should not be deemed accurate or current except as of the date the release was posted. Any forward-looking statements on or available through this Site are based on the Company’s expectations as of the date such forward-looking statements are made and are neither predictions nor guarantees of future events or circumstances. The Company does not assume any obligation to update any forward-looking statements, and the Company shall not be liable for any inaccuracies or incorrect predictions in any such forward-looking statements. To the extent any information from this Site is forward-looking, it is intended to fit within the safe harbor for forward-looking statements. Any use of information on this Site is at your own risk.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY, ITS AFFILIATES, THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE

SEVERABILITY

Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.

WAIVER

Failure or delay by the Company to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by the Company of any provision of these terms shall be deemed to have been made unless made in writing signed by the Company.

ENTIRE AGREEMENT

These terms and the Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the Site.