Effective date: [ INSERT: effective date, the launch date ]
Last updated: [ INSERT: last updated date, the launch date ]
1. Agreement to these terms
These Terms of Use are a binding agreement between you and [ INSERT: legal entity name ], a [ INSERT: entity type ] organized in [ INSERT: entity state ] (“The Peak”, “we”, “us” or “our”), governing your access to and use of https://idypeak.com and any content, functionality and services offered on or through it (the “Site”). By using the Site, or by submitting the large-party request form, you accept these terms and our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Site.
2. Who may use the Site
You may use the Site only if you are at least 13 years old and able to form a binding contract, and only in compliance with these terms and all applicable law. If you use the Site on behalf of an organization, you confirm that you have authority to bind it.
3. Permitted use and restrictions
You may use the Site for finding out about the restaurant, viewing the menu and hours, and requesting a table for a large party. You may not, and may not permit anyone else to: use the Site for any unlawful purpose; copy, reproduce, republish, sell or exploit any part of the Site except as these terms expressly allow; scrape, crawl, harvest or use automated means to extract data from the Site except as search engines indexing publicly available pages; attempt to gain unauthorized access to the Site or its systems; interfere with the operation or security of the Site, including by introducing malicious code or placing an unreasonable load on our infrastructure; frame or mirror the Site; remove or obscure any proprietary notice; or use the Site to send unsolicited commercial communications.
4. Intellectual property
The Site and all of its content, including text, graphics, photographs, video, logos, layout, design and code, are owned by [ INSERT: ip owner ] or its licensors and are protected by copyright, trademark and other laws. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site for personal, non-commercial purposes. That licence gives you no ownership rights and ends automatically if you breach these terms. The Peak name and logo are our trademarks and may not be used without our written permission.
9. Third-party links and services
The Site may link to or embed third-party websites, content and services that we do not control. We provide them for convenience, we do not endorse them, and we are not responsible for their content, products, practices or privacy policies. Your dealings with a third party are between you and that third party.
11. Disclaimer of warranties
The Site and all content and services on it are provided “as is” and “as available”, without warranty of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Site will be uninterrupted, secure or error free, that defects will be corrected, or that the content is accurate, complete or current. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
[ INSERT: professional advice disclaimer ]
12. Limitation of liability
To the fullest extent permitted by law, neither The Peak nor its officers, directors, employees, agents or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of or inability to use the Site, however caused and on any theory of liability. Our total liability for all claims relating to the Site will not exceed [ INSERT: liability cap ]. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of these limitations may not apply to you, and nothing in these terms excludes liability that cannot lawfully be excluded.
13. Indemnification
You agree to indemnify and hold harmless The Peak and its officers, directors, employees and agents from any claim, demand, loss, liability or expense, including reasonable legal fees, arising out of your breach of these terms, your misuse of the Site, or your violation of any law or the rights of a third party.
14. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, if we reasonably believe you have breached these terms or if we discontinue the Site. Sections 4, 11, 12, 13, 15 and 16 survive termination.
15. Governing law and dispute resolution
These terms and any dispute arising out of them or the Site are governed by the laws of the State of [ INSERT: governing law state ], without regard to its conflict of laws rules. [ INSERT: venue or arbitration block ]
16. Changes to these terms
We may change these terms. When we do we will update the “Last updated” date and post the revised terms on this page, and post a notice on the Site’s home page for material changes. Your continued use of the Site after a change takes effect means you accept the revised terms. If you do not accept the revised terms, stop using the Site.
17. General
These terms, together with the Privacy Policy and any other document expressly incorporated, are the entire agreement between you and us about the Site. If any provision is held unenforceable, the rest remains in force and the unenforceable provision is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver of it. You may not assign these terms; we may assign them in connection with a merger, acquisition or sale of assets.
18. Contact
Questions about these terms go to idytahquitzpines@gmail.com, or to [ INSERT: legal entity name ], 55251 South Circle Drive, Idyllwild, CA 92549.