Content on this website, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks (including the Rosa Mexicano brand), logos, product or restaurant names, slogans, and any compilations of the foregoing is the property of Rosa Mexicano or its licensees ("website content"), and is protected by United States and other copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the website content, whether in electronic or hard copy form, without the express prior written permission of Rosa Mexicano.
LINKS TO THIRD-PARTY WEBSITE
We may provide hyperlinks to third-party websites as a convenience to users of the website. We do not control such third-party websites and are not responsible for the contents of their websites. We do not endorse, recommend or approve any third-party websites hyperlinked from our website. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlinks.
NO REPRESENTATIONS OR WARRANTIES;
LIMITATIONS ON LIABILITY
The information and materials on the website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Rosa Mexicano makes no representations or warranties with respect to any information, materials or graphics on the website, all of which is provided on a strictly "as is" basis, without warranty of any kind and hereby expressly disclaims all warranties with regard to any information, materials or graphics on the website, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances shall Rosa Mexicano be liable under any theory of recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with (1) the use of information or services, or the failure to provide information or services, from the website; (2) the use of or inability to use the website, the materials or any information, or transactions provided on the website or downloaded from the website, even if Rosa Mexicano and its authorized representatives have been advised of the possibility of such damages; or (3) any claim attributable to errors, omissions or other inaccuracies in the website, the materials and/or listings or information downloaded through the website.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, Rosa Mexicano's liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless the website and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the website and any violation of these terms by you.
GOVERNING LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with the internal laws of the state of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these terms will be subject to the federal, state and local courts in New York. These terms operate to the fullest extent permissible by law. If any provision of these terms is unlawful, void or unenforceable, that provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.
Rosa Mexicano shall have the right at any time to change the terms of these terms, or change the website, including eliminating or discontinuing any content or feature of the website, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the website, or by electronic mail, or by conventional mail. Your use of the website after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these terms periodically to ensure familiarity with the most current version.
Both you and Rosa Mexicano acknowledge and agree that no partnership is formed and neither of you nor Rosa Mexicano has the power or the authority to obligate or bind the other. These terms constitute a binding agreement between you and Rosa Mexicano, and are accepted by you upon your use of the website. These terms constitutes the entire agreement between you and Rosa Mexicano regarding the use of the website.
The headings in these terms are for your convenience and reference. These headings do not limit or affect these terms. These terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the website, and replaces any prior understandings or agreements (whether oral or written) regarding the website. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The website and any promotions contained therein are void where prohibited.
These terms constitute a binding agreement between you and Rosa Mexicano, and constitute the entire agreement with respect to your use of this website. By using the website, you are deemed to have accepted these terms, and to agree to adhere to the provisions herein.