Terms and Conditions

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (this "SITE"). By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site. The Terms of Use published within the pages of the Site constitute the entire and only agreement between Wolfgang Puck worldwide, Inc. and its users with respect to this Site. Your continued use of the Site and our services signifies that you have read and understand the Terms of Use effective as of the date of your use of the Site. Your rights to use the services provided on this Site are not transferable and are subject to any limits established by Wolfgang Puck Worldwide, Inc.

We reserve the right to revise or remove any part of the Terms of Use at our sole discretion at any time and without prior notice to you by updating this posting. Therefore, you should visit this page periodically for changes. This web site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms of Use, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Acceptable Site Use.

a. User age and access. By using this Site you represent that you are a United States of America resident over the age of 18. If you are under the age of 18, you are not eligible to use our services; please do not use this Site. You are also responsible for, and must make your own arrangements for, the provision and payment of all telephone and other equipment and services necessary to access this Site.

b. Registration. In order to use certain portions of our Site you are required to register with WoldgangPuck.com. You can do this online by completing the registration form on the applicable page. In our registration form we ask you to submit your name, address, telephone number, e-mail address and certain other information. Access to certain portions of our Site is restricted to employees or franchisees of the company. To obtain access to those portions of the Site you will be asked to choose an account name and a password or identification number. It is your responsibility to keep your account number and password secure. Please do not share your account number or password with others. Anyone who has your account number and password can access our services and freely obtain or tamper with any information posted in your account.

c. License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, ("Materials"), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Wolfgang Puck Worldwide, Inc. Wolfgang Puck Worldwide, Inc. claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here. Our Site may contain or give you access to software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, or transfer or participate in the sale, rental, lease, loan or transfer of any services provided on this site and you may not assign or sublicense this license.

Specific Prohibited Uses.

The Site may be used only for lawful purposes by individuals using authorized services of Wolfgang Puck Worldwide, Inc. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Wolfgang Puck Worldwide, Inc. specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

a. Posting any information which is incomplete, false or inaccurate not your own.

b. Posting information such as opinions or notices, commercial or otherwise, or any inappropriate information to a community environment such as profanity and pornography.

c. Uploading onto the pages of WolfgangPuck.com messages containing racial, ethnic, or religious slurs or similar epithets, or advocating violence or containing other language that is deeply or widely offensive.

d. Publishing on the pages of WolfgangPuck.com any information or other content that contains any charity requests, petitions for signatures, or solicitation of other users to use specific goods or services (except through bona fide advertisements).

e. Conducting any activity, or soliciting the performance of any illegal activity or other activity, that infringes the rights of Wolfgang Puck Worldwide, Inc., or any of its information providers, bona fide advertisers, or other users.

f. Posting any information for business or other commercial use including without limitation advertisements or solicitations of business.

g. Posting material that is copyrighted, or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it;

h. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

i. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

j. Posting material that is obscene, pornographic, sexually explicit, defamatory, threatening, harassing, abusive, or discriminatory, to another user or any other person or entity;

k. Posting chain letters or pyramid schemes;

l. Impersonating another person; or,

m. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.

n. Attempting to interfere in any way with Wolfgang Puck Worldwide, Inc. networks or network security, or attempting to use the WolfgangPuck.com service to gain unauthorized access to any other computer system.

o. Transmitting or transferring (by any means) information or software derived from the Site to foreign countries or certain foreign nationals in violation of U.S. export control laws.

Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2002, Wolfgang Puck Worldwide Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with Wolfgang Puck Worldwide Inc. or using this site as a shopping resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Wolfgang Puck Worldwide Inc. is strictly prohibited.

Trademarks

All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to Wolfgang Puck Worldwide Inc. or other respective owners that have granted Wolfgang Puck Worldwide Inc. the right and license to use such Marks.

Disclaimer of Warranties

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, WOLFGANG PUCK WORLDWIDE INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WOLFGANG PUCK WORLDWIDE INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

Limitation on Liability

IN NO EVENT SHALL WOLFGANG PUCK WORLDWIDE INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WOLFGANG PUCK WORLDWIDE INC. HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

External Sites

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). You acknowledge that Wolfgang Puck Worldwide Inc. is not responsible for the availability of, or the content located on or through, site other than WolfgangPuck.com. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Security Rules

Violations of system or network security may result in civil or criminal liability. Wolfgang Puck Worldwide Inc. will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

a. accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Termination of Service.

Wolfgang Puck Worldwide Inc. may terminate your use of the Site or any of our services at any time and for any reason without notice for conduct violating these guidelines for use or terms of use contained on other pages of this Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Wolfgang Puck Worldwide Inc., its affiliated companies, licensors, employees, agents, and any third party information providers as well as it's officers, directors, employees and agents, from and against any claims, actions or demands, (including without limitation reasonable legal and accounting fees) alleging or resulting from (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms of Use; (b) any damage or destruction to our Site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions. Wolfgang Puck Worldwide Inc. shall provide notice to you at the e-mail address you provide us promptly of any such claim, suit, or proceeding. You are responsible for ensuring that the e-mail address is current and operable.

Confidentiality.

You acknowledge that your communications to, from and through this Site are not confidential and that your communications may be read or accessed by others. If you send any communication to our Site (including comments, data, questions, suggestions, etc.) we will treat all such material as our property. Thus you give us any and all of your rights to such material and our use of the material. You give up your proprietary rights, your privacy rights, your rights to credit or compensation for the material or idea, and all other rights. By sending materials to our Site you authorize us to publish, broadcast, adapt, change disclose, copy, license, post, sell, transmit or use the material anywhere in the world in any medium forever without any compensation to you. Wolfgang Puck Worldwide Inc. reserves the right at all times to disclose any information posted by you or provided to Wolfgang Puck Worldwide Inc. as necessary to satisfy any law, regulation or governmental request.

General

If you are dissatisfied with our Site, our services or the products listed, your sole and exclusive remedy is to discontinue use of the Site.

These Terms of Use are governed by the federal and state laws of the State of California, without respect to its conflict of laws principles. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use or our Privacy Policy shall be in appropriate state or federal court located in Los Angeles County, California.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Section titles are for convenience only and have no legal or contractual effect.

Our failure to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver of any term of these Terms of Use shall be effective unless in writing signed by us. No waiver shall be deemed a further or continuing waiver of such term or any other term.

Any claim by a user or users with respect to or against Wolfgang Puck Worldwide, Inc must be instituted within one year of the claim arising, or be barred.

Any inquiries concerning these Terms of Use should be directed to www.WolfgangPuck.com