Privacy and Terms
Modification of Services
The website reserves the right, in its sole discretion, to modify the services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalogue. The website shall have no liability to you for any modification or discontinuation of the services. If you object to any such changes, your sole recourse shall be to cease using the services.
Limitations on Your Use of Services
You may not attempt, authorize, encourage, or support others’ attempts to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.
Modification of the Agreement
The website may amend, supplement, or modify this agreement from time to time by posting the amended agreement on the site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the services.
If you materially breach the terms of this agreement, the website may suspend your ability to use the services or may terminate this agreement effective immediately and without notice to you.
Payment and Billing
You acknowledge and agree that for each order you place through the service, the full cost of Products you order will be assessed against your credit card, charge card, restaurant-specific gift card. You acknowledge and agree that a command originating from your account constitutes an authorization for the service to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account. The service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the website.
You acknowledge that THE SMITH is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges. Addressing customer requests for refunds on purchases of Products will be the sole discretion of the restaurant at which the order was placed in accordance with such restaurant’s refund policies. Contact the restaurant directly with the phone number provided as soon as possible to request a full or partial refund.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THE WEBSITE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE WEBSITE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS IS LIMITED TO ONE HUNDRED DOLLARS. Some jurisdictions do 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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless the website, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of this agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.
The services contain copyrighted and/or proprietary subject matter that is owned by THE SMITH and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin (“Marks”) that appear on or in connection with the services are the property of THE SMITH and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
Any legal action, suit, or proceeding arising out of or relating to this agreement, or your use of the services, shall be instituted exclusively in the federal or state courts located in New York, New York. This agreement shall be governed by New York law, without regard to conflict of law principles. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or this agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the enforceable provisions of this agreement shall remain in full force and effect.
The information on the Sites is provided as a service to investors, customers and vendors. This information is made available only for your personal, non-commercial use. By accessing or using any of these Sites, you expressly accept and agree to abide by all the terms and conditions contained in this Legal Statement. Do not use any Site if you do not accept and agree to these terms and conditions.
THE SMITH owns all of the Sites and owns or has rights to use all of the wallpaper, icons, characters, artwork, images, graphics, music, text, software and other content of the Sites (the “Content”), and all HTML design, layouts, configurations, CGI and other code and scripts in any format used to implement the Sites (the “Code”). The Content and Code of the Sites are protected by copyright. Except for your personal, non-commercial use, you may not copy, distribute, modify, upload, download, transmit, re-publish, display or otherwise distribute any Code or Content for public or commercial purposes, without the prior written consent of THE SMITH. All names, logos and trademarks that appear on the Sites are the property of THE SMITH or are used by THE SMITH under license. You may not use any of the foregoing for any purpose without the prior express written consent of THE SMITH. THE SMITH hereby grants a limited license to print media publishers to use the Logos and Product Photos found in our Image Gallery solely for the purpose of illustrating an article. Your failure to comply with this Legal Statement will constitute breach of contract and will violate THE SMITH’s copyright, trademark and other proprietary and intellectual property rights.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other proprietary or industrial right of THE SMITH, its affiliates or any third party.
Use of Information Submitted By You
Any information (other than personal information) that you communicate or submit to THE SMITH in any form, including but not limited to feedback, data, questions, comments, product ideas, know-how, applications or suggestions, shall not be deemed confidential or proprietary, even if such information is labeled confidential or proprietary. All such communications and submissions shall be deemed the property of THE SMITH, and your submission of such information shall constitute your assignment to THE SMITH of all worldwide rights, title and interest in and to such information. THE SMITH will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation and without liability. THE SMITH will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise embody such information, without providing any notice, compensation or attribution to you.
THE SMITH welcomes your comments and suggestions on its Sites and products, but THE SMITH does not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing its products or any new products. By submitting information to THE SMITH, you warrant that THE SMITH may publish such information, use it as part of its operations, and incorporate its concepts into THE SMITH products without liability. You are prohibited from posting or transmitting to or from any Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any material that would violate any law.
THE SMITH publishes information on its Sites as a convenience to its visitors. Except for those Sites where products may be purchased, THE SMITH product information is provided for informational purposes only. While THE SMITH attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Sites at any time without notice. The THE SMITH products described in its Sites may not be available in your region. THE SMITH does not claim that the information in the Sites is appropriate to your jurisdiction or that the products described on the Sites will be available for purchase in all jurisdictions. Although THE SMITH has made every effort to display the products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user and THE SMITH cannot guarantee that the user’s monitor will accurately portray the actual colors of the products.
It is possible that some software that may be downloaded from the Sites is subject to government export control or other restrictions. By using any Site, you acknowledge these restrictions and agree that you are not subject to them.
Visitors assume all responsibility and risk with respect to their use of the Sites. All information contained on the Sites is provided to you “AS IS” and THE SMITH disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the Sites, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose.
THE SMITH disclaims any duty to update its Sites or modify their Content or Code, and THE SMITH shall not be liable for its failure to update such information. THE SMITH does not warrant that the Sites are free of computer viruses, bugs or other harmful components and does not warrant that the functionality of the Sites will be uninterrupted or error-free.
IN NO EVENT SHALL THE SMITH BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION ON, OR ACCESSED THROUGH, THE SMITH’s SITES, EVEN IF THE SMITH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH ANY SITE OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING THE SITES.
THE SMITH reserves the right to withdraw access to the Sites or to revise the services and products described in the Sites at any time without notice.
THE SMITH may at any time revise the terms and conditions contained in this Legal Statement by updating this posting. You are bound by any revisions and should periodically visit this page to review the current terms and conditions that apply to your use of the Sites.
The invalidity of any term, condition or provision of this Legal Statement shall not affect the enforceability of those portions of the Legal Statement deemed enforceable by applicable courts of law.
At The Smith we respect your privacy. Here’s how we collect and use the information you give us:
We collect information about you from the following sources:
Information you give us on our feedback form
Information we disclose about you:
We do NOT disclose any information about you to anyone, except as permitted or required by law. We will never sell or re-distribute our customer information (including e-mail lists).
The confidentiality, security, and integrity of your information:
We restrict access to information about you to only those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards to protect this information.
Information about former customers:
We do not disclose information about former customers, except as permitted or required by law.