In this agreement and disclaimer (“agreement”) “you” and “your” refer to each customer, client or website visitor, “we”, us” and “our” refer to Hamilton Eatery, its contractors, agents, employees, officers, directors and affiliates. Hamilton Eatery provides this site and related services subject to your compliance with the terms and conditions set forth herein. Please read the following information carefully.
This site is provided as-is with no representations or warranties, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non infringement. You assume complete responsibility and risk for use of this site and any and all site-related services. Some jurisdictions do not allow the exclusions of implied warranties, so the above exclusion may not apply to you. Hamilton Eatery, its agents, representatives and employees are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to this site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site or its services is to stop using the site and/or those services.
Hamilton Eatery shall not be liable to you or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.
You acknowledge that third party product and service providers advertise their products and services on the Hamilton Eatery web site. Hamilton Eatery forms “partnerships” or alliances with some of these vendors from time to time in order to facilitate the provision of these products and services to you. However, you acknowledge and agree that at no time is Hamilton Eatery making any representation or warranty regarding any third party’s products or services, nor will Hamilton Eatery be liable to you or any third party for any claims arising from or in connection with such third party products and services. You hereby disclaim and waive any rights and claims you may have against Hamilton Eatery with respect to third party products and services, to the maximum extent permitted by law.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the our services 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 such material and/or data. We make no warranty regarding any goods or services purchased or obtained or any transactions entered into with Hamilton Eatery. No advice or information, whether oral or written, obtained by you from Hamilton Eatery shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Hamilton Eatery at its sole discretion may choose to change the terms, conditions and operation of this web site at anytime. By using this service the user waives any rights or claims it may have against Hamilton Eatery.
The content available through the site is the sole property of Hamilton Eatery, or its licensor’s and is protected by copyright, trademark and other intellectual property laws, except as otherwise explicitly agreed in writing. Hamilton Eatery owned content received through the site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Hamilton Eatery licensor’s may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the site to anyone, including but not limited to others in the same company or organization without Hamilton Eatery express prior written consent.
In the event that you are not satisfied with this website, please contact us as to why, and in the mean time please stop using it.
Links to other sites are provided only as a courtesy to Hamilton Eatery website visitors. These links do not constitute an endorsement of products, services or information provided by other sites. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Hamilton Eatery and the linked site. Hamilton Eatery is not responsible for the privacy practices or the content of others web sites. Hamilton Eatery hereby disclaims any representations or warranties expressed on any site other than our own.
All content within this site, including, but not limited to text, software, graphics, logos, icons and images are the property of Hamilton Eatery except as provided herein. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of the firm. Permission is granted to print copies of informational articles for your own use and review, provided that source attributions and copyright notices are maintained.
We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and any intellectual property rights. Hamilton Eatery, trade names, trademarks, logos and service names and similar proprietary marks shall not be reprinted or displayed in any form without the express written permission of Hamilton Eatery. The unique trade dress of the site is also a service mark of Hamilton Eatery.
When you send Hamilton Eatery an electronic mail transmission, the electronic mail transmission is not necessarily secure and is not encrypted. Accordingly, email transmissions are not necessarily protected from unauthorized access. Transmission of email is at your own risk. Hamilton Eatery cannot accept responsibility for your transmission of confidential information or any obligation with respect to that information not submitted over the secure server.
By using this site, you submit to the exclusive jurisdiction of the state of New York and federal courts having jurisdiction in the state of New York, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
You agree that, if an agent for you (i.e., an internet service provider, employee, etc.) purchased our services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.