BATALI & BASTIANICH HOSPITALITY GROUP – WEBSITE TERMS OF USE

Batali & Bastianich Hospitality Group (“B&B Hospitality Group”, “we” or “us”) owns, operates and provides the B&B Hospitality Group main corporate website at www.bandbhg.com and the websites of each of the family of restaurants and merchants that are a part of the B&B Hospitality Group found at:

www.bandbristorante.com;
www.babbonyc.com;
www.casamonony.com;
www.becco-nyc.com;
www.carnevino.com;
www.delposto.com;
www.esca-nyc.com;
www.felidia-nyc.com;
www.lidias-kc.com;
www.lidias-pittsburgh.com;
www.luparestaurant.com;
www.mozza2go.com;
www.osteriamozza.com;
www.ottopizzeria.com;
www.pizzeriamozza.com;
www.tarrylodge.com;
and www.tarrymarket.com (each a “B&B Website”).

These B&B Website Terms of Use (“Terms of Use”) apply to each of the B&B Websites. The terms “you” and “your” when used in the Terms of Use means any visitor to or user of any B&B Website.

These Terms of Use are effective as of: May 1, 2013

Thank you for visiting a B&B Website. Subject to these Terms of Use, B&B Websites provide information about B&G Hospitality Group and/or one or more of the restaurants that are a part of the B&B Hospitality Group. B&B Hospitality Group’s family of restaurants and markets includes: Babbo Ristorante & Enoteca, Bar Jamón, Becco, Casa Mono, Del Posto, Esca, Felidia, Lupa Osteria Romana, Otto Enoteca & Pizzeria, and Tarry Lodge and Tarry Market, also in New York, The Spotted Pig; Tarry Lodge Enoteca & Pizzeria in Westport, Connecticut; Lidia’s in Pittsburgh and Kansas City; B&B Ristorante, Carnevino, and Otto Enoteca & Pizzeria in Las Vegas; and Pizzeria Mozza, Osteria Mozza and Mozza2Go in Los Angeles (each, together with other entities affiliated with the B&B Hospitality Group, a “B&B Affiliated Restaurants & Merchants”).

B&B Websites enable you to view products and/or services provided by B&B Hospitality Group and/or certain B&B Affiliated Restaurants & Merchants, enable you to register to receive information from B&B Hospitality Group and/or certain B&B Affiliated Restaurants & Merchants regarding our products and services, enable you to place food orders and/or enable you to make requests for private dining reservations.

Note that menu items/products/wines shown on any B&B Website are representative only and may change based on availability. Neither B&G Hospitality Group nor any B&B Affiliated Restaurants & Merchants are responsible if menu items/products/wines are not available at any particular time.

Links to third party websites provided on certain B&B Websites allow you to (i) make reservations at B&B Affiliated Restaurants & Merchants and (ii) purchase gift cards and/or products or services offered by B&B Hospitality Group and/or B&B Affiliated Restaurants & Merchants. When you attempt to make a reservation through a B&B Website, you will be directed to a website operated by a third party, OpenTable, Inc. (“Open Table”). In processing your reservations, you will be asked to provide certain personal information as further described in the Privacy Policy and the terms of the “OpenTable Privacy Policy” found at: www.opentable.com/info/privacypolicy.aspx. When you choose to purchase a gift card or other products via a B&B Website, you will be directed to a website operated by a third party, eGift Platform LLC (“eGift Platform”). In processing such orders, EGiftPlatform will collect certain personal information as further described in the Privacy Policy and the terms of the “eGiftPlatform Privacy Policy” found at: www.egiftplatform.com/privacy.

Access to and use of a B&B Website and the information, materials, products and services available through a B&B Website are subject to all applicable laws and regulations and these Terms of Use, along with B&B Hospitality Group’s Privacy Policy, located at www.bandbhg.com and on the home page of each B&B Website (“Privacy Policy”), set forth the legally binding terms related to your access and use of a B&B Website.

Please read the Terms of Use carefully. By accessing or browsing a B&B Website, you accept, without limitation or qualification, the Terms of Use, which form a legally binding agreement. If you do not agree to any or all of the provisions found in the Terms of Use, please immediately exit and make no further use of a B&B Website. We reserve the right to terminate your use or access to ANY OR ALL B&B Website Services at any time for any reason, including, without limitation, if we learn that you have provided false or misleading information or have violated the Terms of Use.


B&B Websites are not Intended for Children

B&B Websites are intended to be used by adults only, and are not intended to be used by children. No one under the age of eighteen (18) may register on or purchase items through a B&B Website, and by registering for and using a B&B Website, you are certifying that you are not under eighteen (18) years of age. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

Changes to the B&B Websites and Terms of Use

Because the Internet is an evolving medium, from time to time we will change, or make improvements to the products, services, and features included on one or more of B&B Website. Such changes and/or improvements shall be made without notice to you.

From time to time, we also will change the Terms of Use or impose new conditions on the use of the B&B Websites, in which case we will post the revised Terms of Use on the B&B Websites. A revised form of the Terms of Use will be effective immediately upon its posting on the B&B Websites. You are responsible for reviewing the most current version of the Terms of Use before using a B&B Website to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions we make to the Terms of Use or a B&B Website, you should immediately stop accessing or using any B&B Website in any manner whatsoever. By continuing to use a B&B Website after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to the Terms of Use and to the B&B Websites are reasonable.

Privacy Policy

When requesting certain information, products or services via a B&B Website, you will be asked to provide certain personal information. All uses of your personal information will be treated in accordance with our Privacy Policy, which is hereby incorporated by reference. If you use a B&B Website, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of all B&B Websites.

Your Responsibility

You must not use a B&B Website: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to a B&B Website, or disobey any requirements, procedures, policies or regulations of networks connected to a B&B Website.
Except as permitted pursuant to the Terms of Use, neither a B&B Website, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use each of the B&B Websites and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the B&B Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

B&B Hospitality Group neither warrants nor represents that use of content displayed on A B&B Website will not infringe rights of third parties not owned by or affiliated with B&B Hospitality Group.

You must not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of any B&B Website. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to a B&B Website for any purpose except as described in the Terms of Use; or (d) frame a B&B Website, place pop-up windows over its pages, or otherwise affect the display of a B&B Website.

Intellectual Property

Unless otherwise indicated, a B&B Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to a B&B Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of B&B Hospitality Group or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

You acknowledge that B&B Hospitality Group owns all right, title and interest in and to all of the information on each B&B Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

TRADEMARKS. Certain of the names, logos, and other materials displayed on the B&B Websites constitute trademarks, tradenames, service marks or logos (“Marks”) of B&B Hospitality Group or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.

COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you through a B&B Website, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (1) copyrighted by B&B Hospitality Group and/or its licensors under United States and international copyright laws; (2) subject to other intellectual property and proprietary rights and laws; and (3) owned by B&B Hospitality Group or its licensors. Except as permitted in the Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

Linking to a B&B Website

You may link to the homepage of a B&B Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Subject to the foregoing, you must not: cause a B&B Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of a B&B Website other than the homepage; otherwise take any action with respect to the materials on a B&B Website that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

B&B Hospitality Group’s Contact Information

If you have any questions regarding these Terms of Use or any other matter, you can contact B&B Hospitality Group as follows:
By mail:
B&B Hospitality Group 
45 E. 20th Street, 8th Floor
New York, NY 10003
Attention: David Gruber

By telephone: (212) 397-2471

By email: legal@bandbhg.com

Limitation of Liability and Disclaimer of Warranties

When using a B&B Website, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of a B&B Website.

YOU EXPRESSLY AGREE THAT USE OF A B&B WEBSITE IS AT YOUR SOLE RISK. ACCESS TO ANY B&B WEBSITE, A B&B WEBSITE, AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. B&B Hospitality Group, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO A B&B WEBSITE OR THE PRODUCTS SOLD THEREBY OR WITH RESPECT TO ANY WEBSITE TO WHICH A B&B WEBSITE IS LINKED. B&B Hospitality Group MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF ANY B&B WEBSITE, (ii) THE QUALITY AND SECURITY OF ANY B&B WEBSITE, OR (iii) THE INABILITY TO ACCESS ANY B&B WEBSITE OR ITS CONTENT, INCLUDING WHETHER A B&B WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF ANY B&B WEBSITE. WHEN USING A B&B WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF B&B Hospitality Group. ACCORDINGLY, B&B Hospitality Group ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF ANY B&B WEBSITE, AND YOU (AND NOT B&B Hospitality Group) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

Limitation of Damages and Remedies

YOU AGREE THAT B&B Hospitality Group SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM A B&B WEBSITE. YOU FURTHER AGREE THAT B&B Hospitality Group SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING ANY B&B WEBSITE. IN NO EVENT WILL B&B Hospitality Group BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE A B&B WEBSITE, EVEN IF B&B Hospitality Group, ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. B&B Hospitality Group’s CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO A B&B WEBSITE OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH A B&B WEBSITE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL B&B Hospitality Group BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF A B&B WEBSITE OR THE CONTENT. Any claims made by you in connection with your use of a B&B Website, or its content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Termination

You agree that we, in our sole discretion, may terminate your use of any or all of the B&B Websites, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO A B&B WEBSITE.

Indemnity

You agree to indemnify, defend and hold harmless B&B Hospitality Group, its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of a B&B Website; (iii) your unauthorized or unlawful use of a B&B Website.

No Extraterritoriality

B&B Hospitality Group is based in the State of New York in the United States of America and makes no claims that any B&B Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. B&B Hospitality Group makes no representation that the B&B Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the B&B Website is prohibited from jurisdictions where the B&B Website, or its content, is illegal. Those who choose to access the B&B Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S., or any other country’s, export laws and regulations. Access to the B&B Website may not be legal by certain persons in certain countries. If you access the B&B Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Reservation of Rights

B&B Hospitality Group reserves all rights not expressly granted to you herein.

Jurisdiction and Choice of Law

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with B&B Hospitality Group, including without limitation any claim involving B&B Hospitality Group or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the State of New York, including, without limitation, the United States District Court for the Southern District of New York, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with B&B Hospitality Group, including without limitation any claim involving B&B Hospitality Group or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the State of New York in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.

Entire Understanding

These Terms of Use constitute the entire agreement between B&B Hospitality Group and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.
We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without the permission of B&B Hospitality Group shall be void.
If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, 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. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Headings

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Survivability

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law.