2355 Chestnut St. | 415.771.2216 | Dinner: Mon-Thur 5:30pm-10:00pm, Fri 5:30pm-11pm, Sat 5:00pm-11:00pm, Sun 5:00pm-10:00pm | Lunch: Wed-Sun 11:30am-2:30pm
Welcome to the A16 web site (the “Site”). PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THIS SITE OR ANY APPLICATIONS OR SERVICES AVAILABLE FROM IT. This Site is owned and operated by D.O.C. Restaurant Group, LLC (referred to as “A16”).“You” are the person or entity using the Site, submitting personal identifiable information, ordering gift certificates or books.
By using this Site, viewing the content, or by ordering products via this Site for a fee, you agree to these Terms including but not limited to conducting transactions electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and to California law. If you do not agree to these Terms, you do not have permission to use the Site. A16 reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time. Notification of changes to these Terms will be posted on the Site or sent via e-mail and shall take effect immediately after posting. If any future changes to these Terms are unacceptable to you, you must discontinue use of the Site.
PRODUCTS OR SERVICES PURCHASED VIA THIS SITE ARE NOT REFUNDABLE.
You may also be subject to additional terms and conditions when you use third-party content, services, or software accessed through or promoted on the Site.
1. REGISTRATION AND ORDERING OBLIGATIONS
In consideration of your use of the Site and/or purchasing products or services, you agree to provide true, accurate and complete information about yourself as prompted by the Site ordering process. In addition, you represent that you are of legal age to form a binding contract and you agree to update information provided in connection with registration or the ordering process in order to maintain its truth, accuracy and completeness. The Site is intended for adults; children under 13 years of age may not use this site.
2. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or A16 may, at A16’s option, be conducted electronically. A16 or its suppliers may keep records of any type of communication conducted via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
3. LIMITED NON-COMMERCIAL LICENSE TO USE SITE
A16 hereby grants you the limited right to view and use the Site only for the purposes of viewing content, placing product orders or for accessing information. A16 reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to A16. Minors should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from A16, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
4. INTELLECTUAL PROPERTY RIGHTS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER A16, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE OR ANY APPLICATIONS OFFERED ON THE SITE. EXCEPT FOR USER MATERIALS SUBMITTED BY YOU, NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to use anti-virus software and other precautions to prevent malware or viruses from infecting your computer and compromising your privacy.
If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.
You agree to indemnify and hold A16, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.
7. DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE BETWEEN YOU AND A16, THE SITE CONTENT, AND PRODUCTS OFFERED AT OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND AND WITH ALL RISKS. A16 HEREBY DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AVAILABILITY OF THE SITE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY INFORMATION ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE IN CONNECTION WITH THE SITE, PRODUCTS, SERVICES, OR RELATED INFORMATION. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE, PRODUCTS SERVICES, AND RELATED INFORMATION IS BORNE BY YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN ADDITION, A16 DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT IN CONNECTION WITH THE SITE, APPLICATIONS, AND RELATED INFORMATION.
8. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, PRODUCTS, SERVICES, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE. YOU AGREE THAT A16 SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
A16 cannot be held responsible for misdelivered information, missed notification, or third-party software.
9. NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER A16 NOR ANY OF A16’S AFFILIATES OR AGENTS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) OR ANY OTHER INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO THE SITE, APPLICATIONS OR RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF A16’S FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY A16 OR ANY OF A16’S AFFILIATES OR AGENTS SHALL BE, AT A16’S OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON A16; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO A16. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of A16, A16’s suppliers, and any third parties providing goods or services to A16, in addition to other representations and obligations contained in these Terms, that: (a) you are 18 years old or an emancipated minor who possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site or its suppliers is true and accurate; © you will not use the Site for any purpose that is unlawful or prohibited by these Terms; and (d) you agree to defend, indemnify, and hold A16 (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (d).
The Site contains links to third party sites that are not under the control of A16 and A16 is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. A16 provides links only as a convenience and the inclusion of the link does not imply that A16 endorses or accepts any responsibility for the content or products on those third party sites.
13. INTERNATIONAL USAGE
This Site is controlled and operated by A16 from its offices within San Francisco, California , United States of America. A16 makes no representation that the Site, products, services, data collection, or related information offered or performed by A16 are appropriate or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14. TERMINATION OR CANCELLATION OF SITE ACCESS ; MODIFICATIONS TO SITE AND APPLICATIONS
If you violate these Terms, A16 may terminate or cancel your access rights to the Site immediately without notice. A16 may also block your use of the Site or direct you to cease using it. A16 reserves the right at any time to modify or discontinue the Site, or any part thereof and you agree that A16 shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof,
15. EXCLUSIVE JURISDICTION
These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms, the Site or any Application shall be litigated or otherwise heard in the appropriate forum in San Francisco County , California. The parties hereto hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco, California, and hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California law.
16. ENTIRE AGREEMENT
You agree that A16 may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from A16 to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to refrain from using the Site or ordering products or services after that date. No other amendments will be valid unless they are in a paper writing signed by A16 and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to A16 by postal mail to: D.O.C. Restaurant Group, LLC, Attention Victoria Libin, 2355 Chestnut Street, San Francisco, CA 94123, or as to a successor address that A16 makes available on the Site or through other reasonable manner. If applicable law requires that A16 accepts email notices (but not otherwise), then you may send A16 email notice using A16’s Contact Form. With respect to A16’s notices to you, A16 may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, A16 may give notice by sending email to the email address you provide during registration. Notice shall be deemed given immediately after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
September 14, 2008