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Terms of Use

These Terms of Use (“Terms”) govern your use of the Crocky’s Café website (“Site”).  BY USING THE SITE, YOU ARE AGREEING TO THESE TERMS.  PLEASE READ THEM CAREFULLY.  If you do not agree to these Terms, you may not use our Site.

Eligibility

You must be at least 13 years old to use the Site.  If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site with permission from your parent or legal guardian.

Inaccuracy Disclaimer

From time to time, there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing and availability.  We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Site at any time without prior notice.

Acceptable Use of the Site

You are responsible for your use of the Site, and for any use of the Site made using your computer or device.  Our goal is to create a positive, useful and safe user experience.  To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us.  When you use the Site, you may not:

  • violate any law, rule or regulation;

  • violate, infringe or misappropriate other people’s intellectual property, or violate any other person’s privacy, publicity or other rights;

  • send unsolicited or unauthorized advertising or commercial communications, such as spam;

  • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;

  • transmit any viruses or other computer instructions or technological means the purpose of which is to disrupt, damage or interfere with the use of computers or related systems;

  • stalk, harass or harm another person;

  • impersonate any person or entity, or perform any other similar fraudulent activity, such as phishing;

  • use any means to scrape or crawl any content or pages contained in the Site;

  • attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or its content;

  • attempt to decipher, decompile, disassemble or reverse engineer any of the software or other underlying code used to provide the Site; or

  • advocate, encourage or assist any third party in doing any of the foregoing.


Ownership

We exclusively own or license all right, title and interest in and to (a) the Site, including all software, text, media and other content available on the Site (“Our Content”); and (b) our trademarks, trade names and other brand elements (“Our Marks”).  The Site, Our Content and Our Marks are all protected under state, federal and international laws.  The look and feel of the Site is copyright ©Crocky’s Café.  All rights reserved.  You may not copy, transmit or reuse any portion of the visual design elements or concepts expressed on the Site without prior express written permission from Crocky’s Café.

Changes to the Site

We enhance and update the Site often.  We may change or discontinue the Site at any time, with or without notice to you.

Termination

We reserve the right to not provide the Site to any person.  We also reserve the right to terminate your right to access the Site at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site automatically terminates.

Disclaimer and Limitations on Our Liability

YOU USE THE SITE AT YOUR OWN RISK.  THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CROCKY’S CAFE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND LICENSORS (TOGETHER, “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  

IN PARTICULAR, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE.  THE COMPANY PARTIES WILL HAVE NO LIABILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (E) BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE.

YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY PARTIES OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE OR DATA), OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

You understand and agree that we have entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of a bargain between the parties.

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company Parties from and against all claims, costs, proceedings, demands, losses, damages and expenses (including, without limitation, reasonable attorney fees and legal costs) of any kind relating to any actual or alleged breach of these Terms by you.  If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.

Claims

You shall not act as a class representative, nor participate as a member of a class of claimants, with respect to any controversies, claims, counterclaims or other disputes between you and any of the Company Parties.

Other Provisions

These Terms will be governed by and construed in accordance with the laws of the State of Arkansas, without giving effect to any choice of law or conflict of laws provisions.  

You agree that any court action of whatever nature relating to these Terms or the Site will be heard only in the state or federal courts located in Sebastian County, Arkansas.  You consent and submit to the exclusive personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found by any court of competent jurisdiction to be invalid or unenforceable, then that specific provision will be severed, but the remainder of these Terms will continue in full force and effect.  

No waiver of any provision of these Terms will be effective unless made in a writing signed by the party making such waiver.  Any such waiver will not affect any other provision of these Terms.

We may assign our rights and delegate our duties under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without notice.

Changes to These Terms

From time to time, we may change these Terms.  If we change these Terms, we will give you notice by posting the revised Terms on the Site.  Those changes will go into effect on the “Revised On” date shown in the revised Terms.  By continuing to use the Site on or after such date, you are agreeing to the revised Terms.  PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

Contacting Us

If you have any questions about the practices of this Site or your dealings with this Site, please contact us at jordan.clark@crockys.cafe.

Revised On:  June 16, 2022

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