Terms

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. By accessing, browsing and using this website, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein. If you do not agree to be bound by all of these terms and conditions, do not use this website.

The terms “we,” “us” and “our” refer collectively to Fourth Wall Restaurants, LLC, a New York limited liability company (the “Company”), and/or any of its related affiliated or subsidiary companies, and “you” and “your” refer collectively to the individuals using this website. 

You represent and warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this agreement.

Changes to the Terms and Conditions. We reserve the right to change or update these terms and conditions at any time and at our sole discretion without providing you with specific notice of such changes. You agree to accept and to be bound by such terms and conditions that are in effect at the time of your use of our website.

Restrictions on Use. All content of this website, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and other materials contain copyrighted material, trademarks, logos, trade names, service marks and trade dress and other proprietary material (collectively, the “Content”) which are owned by the Company, its subsidiaries, affiliates, licensors or other third parties. Except as expressly set forth in these terms and conditions or otherwise expressly granted to you in writing by the Company, no rights (either by implication, estoppels or otherwise) are granted to you. The copying, reproduction, distribution, modification, downloading, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly of the Content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. Subject to your compliance with these terms and conditions, the Company grants to you a limited, personal, non?exclusive, revocable, non?assignable and non?transferable license to access, download, view, and use the website solely for your personal, non?commercial use and provided that you do not delete or change any copyright, trademark, or other proprietary notices. You do not acquire ownership or proprietary rights to any Content or other intellectual property or materials viewed through this website. All rights in the Content and other intellectual property and materials are reserved to the Company, its subsidiaries, affiliates, licensors or other third party owners. You understand that you may not modify, resell, decompile, reverse engineer, disassemble any software (including source code) embodied in this website.

Policy Concerning Children. Our website is not intended for use by children under the age of 13.

Links to Other Sites. The website may contain hyperlinks to other websites. We are not responsible for the content, accuracy or opinions expressed in such third party websites. Inclusion of any linked site on our website does not imply approval or endorsement of the linked site by us. If you leave our website and access these third party sites, you do so at your own risk.

Site Security Rules. Users are prohibited from violating or attempting to violate the security of the website, or interfering with any other user’s access to or use of the website. We reserve the right to monitor and disclose any information related to your use of this website in order to comply with any applicable law, regulation or government request.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON?INFRINGEMENT AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE. WE DISCLAIM ANY OBLIGATION TO UPDATE INFORMATION ON OUR WEBSITE.

LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE OR THE INABILITY TO USE THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORSEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. SOME JURISDICTIOSN DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification. You agree to defend, indemnify and hold harmless the Company Parties from and against any claims, demands, losses, damages, fines, penalties or other costs or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website and the Content, your violation of these terms and conditions, and your violation of the rights of any third party. You agree to cooperate as reasonably required by the Company in the defense of any claim; however, notwithstanding the foregoing, the Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, or causes of action which are brought against the Company and in no event shall you settle any such claim without the Company’s prior written approval.

Termination. We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our website at any time and for any or no reason, with or without prior notice, and without liability.

General. These terms and conditions shall be governed by and construed in accordance with the laws of the state of New York, without regard to conflicts of law provisions. Any controversy or claim arising out of or relating to these terms and conditions and/or the website shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and conducted in the State of New York, in the City of New York, County of New York, and shall result in a decision that will be final and binding and non?appealable and subject to entry in any court of competent jurisdiction. This arbitration shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly?situated customers are pursued together. We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by the Company and its affiliates with respect to your use of this website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, then such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect. In addition, the other provisions of this agreement will remain in full force and effect. The Company’s failure to exercise or enforce any right or provision in these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. The second titles herein are used solely for convenience and have no legal significance. These terms and conditions and the privacy policy constitute your entire agreement with the Company.