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Conditions of Use
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Hi there and welcome to foghornswings.com. foghornswings.com and each of the restaurants listed at foghornswings.com provide their services to you subject to the following conditions. If you visit foghornswings.com or order from any of the restaurants listed at foghornswings.com, you accept these conditions. Please read them as carefully as possible. Additionally, when you use any foghornswings.com service or visit or purchase from any restaurant affiliated with foghornswings.com, you also will be subject to the guidelines and conditions applicable to such service or restaurant.
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PRIVACY
ELECTRONIC COMMUNICATIONS
COPYRIGHT
TRADEMARKS
LICENSE AND SITE ACCESS
YOUR ACCOUNT
COPYRIGHT COMPLAINTS
PRODUCT DESCRIPTIONS
OTHER BUSINESSES
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
APPLICABLE LAW
DISPUTES
SITE POLICIES, MODIFICATION, AND SEVERABILITY
OUR ADDRESS
 PRIVACY
Please review our Privacy Notice, which also governs your visit to foghornswings.com, to understand how we maintain the information we obtain from you.
ELECTRONIC COMMUNICATIONS
When you visit foghornswings.com or send e-mails to us, you are communicating with us electronically. In turn, you consent to receive communications from us electronically. We will communicate with you by e-mail, fax or by posting notices on this site. You also agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any and all legal requirements that such communications be in writing.
COPYRIGHT
All content included on this site (other than the restaurant menu information contained on this site) such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of foghornswings.com or its content suppliers and is protected by United States and international copyright laws. Except as otherwise noted above, the compilation of all content on this site is the exclusive property of foghornswings.com and protected by U.S. and international copyright laws. All software used on this site is the property of foghornswings.com or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
OnePageShopping and other foghornswings.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Nodotcoms LLC or its subsidiaries, affiliates or licensors. Nodotcoms LLC's trademarks and trade dress may not be used in connection with any product or service that is not Nodotcoms LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nodotcoms LLC, its affiliates or licensors. All other trademarks not owned by Nodotcoms LLC, its subsidiaries or licensors that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nodotcoms LLC or its subsidiaries.
LICENSE AND SITE ACCESS
foghornswings.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of foghornswings.com. This license does not include any rights whatsoever with respect to the resale or commercial use of this site or its contents; any collection and/or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of foghornswings.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of foghornswings.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing foghornswings.com's name or trademarks without the express written consent of foghornswings.com. Any unauthorized use terminates the permission or license granted by foghornswings.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of foghornswings.com so long as the link does not portray foghornswings.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any foghornswings.com.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The restaurants listed on foghornswings.com do sell food items for children, but they sell them to adults. If you are under 18, you may use foghornswings.com only with the involvement of a parent or guardian. foghornswings.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide foghornswings.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying foghornswings.com and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- 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;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are otherwise authorized to act on the copyright owner's behalf.
foghornswings.com's Copyright Agent for notice of claims of copyright
infringement on its site can be reached as follows:
- Copyright Agent
- 411eat.com
- 515 South Figueroa Street, Suite 1037
- Los Angeles, CA 90071
- phone: (213) 622-4247
- fax: (213) 622-7002
- email: copyright@nodotcoms.com
PRODUCT DESCRIPTIONS
foghornswings.com and the restaurants listed on this site, attempt to be as accurate as possible. However, foghornswings.com does not warrant that food item descriptions or other content contained on this site are accurate, complete, reliable, current, or otherwise error-free. If an item offered by a restaurant that is listed on foghornswings.com's site is not as described, your sole remedy is to contact the restaurant you ordered the item from and to then obtain, subject to the discretion and consent of the restaurant, a satisfactory replacement for the item as mutually agreed upon between you and the restaurant.
OTHER BUSINESSES
Parties other than foghornswings.com and its subsidiaries operate stores, provide services, or sell product lines on this site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their menus that are listed on foghornswings.com. foghornswings.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. If you have questions about the items or services any restaurant listed on foghornswings.com's site offers, you should contact them directly at the phone number listed on their particular menu webpage.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY FOGHORNSWINGS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. FOGHORNSWINGS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FOGHORNSWINGS.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOGHORNSWINGS.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FOGHORNSWINGS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOGHORNSWINGS.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting foghornswings.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and foghornswings.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to foghornswings.com or to food items you purchase from restaurants listed on foghornswings.com's site shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate foghornswings.com's intellectual property rights, foghornswings.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent any dispute you have with foghornswings.com or its affiliates is determined to not be subject to the mandatory arbitration clause set forth above, you agree that any such dispute shall be decided by a bench trial, i.e. by a judge, and shall not be subject to a jury trial. In other words, by using this site, you agree that you are waiving any right you have to a jury trial if a dispute arises between you and foghornswings.com and/or its affiliates. If you do not want to waive such a valuable right, then please do not use either foghornswings.com's site or services.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term and/or condition.
OUR ADDRESS
- 411eat.com
- 515 South Figueroa Street, Suite 1037
- Los Angeles, CA 90071
- phone: (213) 622-4247
- fax: (213) 622-7002
- email: contact@411eat.com
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