Our Terms of Use policy was last updated on November 1, 2006.
Welcome to the web site ("Site") of CAFE GOURMET, LLC ("CAFE GOURMET," "we" or "us"), www.visitcafegourmet.com and the co-branded sites linked to therein (collectively, the "Site" or "Web Site"). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.
Our Business Structure
CAFE GOURMET cafes are owned and operated by either Cafe Gourmet, LLC directly or by an independent owner/operator who has licensed the use of our name, menu and recipes. This Site is presented by CAFE GOURMET, LLC. We may allow CAFE GOURMET licensed locations to operate web sites using our name and trademarks separately from this Site if they choose to do so. This Terms and Conditions statement applies only to this Site, not to the separate web sites of Cafe Gourmet licensees, if any. Cafe Gourmet, LLC assumes no responsibility for the online content or behavior of our licensees or their compliance with applicable law, including the posting of illegal or unsuitable content or unlawful or inappropriate online conduct. If you have questions or concerns about the web site of a Cafe Gourmet licensee, please contact them directly.
Our Intellectual Property
The CAFE GOURMET® name, design, logos and related marks are registered trademarks/service marks of Cafe Gourmet, LLC. "Cafe Gourmet Cares Foundation" and "let's take a break"™ are trademarks/service marks of Cafe Gourmet, LLC. All rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the "intellectual property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Cafe Gourmet, LLC or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Cafe Gourmet, LLC in writing.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
You agree to defend, indemnify and hold Cafe Gourmet, LLC, its affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Disclaimer of Warranty and Limitation of Liability
Cafe Gourmet, LLC does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAFE GOURMET, LLC AND ITS LICENSEES MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL CAFE GOURMET, LLC, ITS LICENSEES, AFFILIATES, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED CAFE GOURMET, LLC IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
CAFE GOURMET, LLC, ITS LICENSEES, SUPPLIERS AND SERVICES PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT CAFE GOURMET ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. CAFE GOURMET UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Cafe Gourmet aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
Links to Other Sites
Our Site may, from time to time, provide links to web sites not operated by Cafe Gourmet, LLC. Access to any other sites linked to this Site is at your own risk. Such links do not imply Cafe Gourmet's endorsement of material on any other site, and Cafe Gourmet assumes no responsibility for third-party web sites. For example, Cafe Gourmet does not vouch for the accuracy or reliability of the information on third-party web sites, even if someone from our company is quoted or leaves a comment. Further, we are not responsible for the goods or services offered online by third-parties.
Although Cafe Gourmet may open a new browser window when you click on a link to a third party’s site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and Cafe Gourmet, LLC, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to Cafe Gourmet's Site must be a text only link and clearly marked "Cafe Gourmet Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Cafe Gourmet's names and trademarks, (iii) the link must "point" to the URL www.visitcafegourmet.com and not to other pages within the Cafe Gourmet Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Cafe Gourmet, (v) when selected by a user, the link must display the Cafe Gourmet Site on full-screen and not within a "frame" on the linking Site, and (vi) Cafe Gourmet reserves the right to revoke its consent to the link at any time and in its sole discretion.
E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Employment Opportunities
Cafe Gourmet is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Cafe Gourmet encourages all qualified applicants to apply. Cafe Gourmet, LLC does not assume responsibility for the hiring practices of CAFE GOURMET® licensees.
Violations and Additional Terms
Cafe Gourmet reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site.
Certain products or services offered by this Site, and certain areas within this Site, may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products, services or areas. You must agree to these Additional Terms before using those products, services or areas. The Additional Terms and this Terms and Conditions statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions, the Additional Terms control.
Privacy and Children’s Information
Cafe Gourmet does not collect any information about visitors to this site other than the email addresses of visitors who voluntarily give such information on the home page. With respect to children’s privacy, we do not collect any personally identifiable information from children. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult.
No Waiver
No delay or failure by Cafe Gourmet, LLC to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by Cafe Gourmet, LLC nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized officer of Cafe Gourmet, LLC shall have any legal effect.
Severability
If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
The Cafe Gourmet Site is operated by Cafe Gourmet, LLC. The laws of the State of Maryland shall govern these Terms and Conditions, without reference to its choice of law rules. Cafe Gourmet makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Cafe Gourmet Site from territories where the content of the Cafe Gourmet Site may be illegal is prohibited. Those who choose to access the Cafe Gourmet Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms and Conditions and all policies and documents incorporated herein by reference constitute the entire agreement between Cafe Gourmet and you with respect to the subject matter herein.
These Terms and Conditions and any disputes arising under or related to these Terms and Conditions or to this Site will be governed by U.S. federal law and the laws of the State of Maryland, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in Baltimore County, Maryland, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of Maryland for any legal proceeding involving the Site, regardless of who initiated the proceeding.
This English-language Terms and Conditions statement is Cafe Gourmet LLC's official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
For More Information
If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to info@visitcafegourmet.com or writing to us at Cafe Gourmet, LLC, 111 Water Street, Baltimore, Maryland 21202.
© Cafe Gourmet, LLC, 2006. CAFE GOURMET® name, design, logos and related marks are registered trademarks of Cafe Gourmet, LLC. All rights reserved.