“Blu Jam Café” is a trade name used in connection with, among other things, the single restaurant which is owned and operated in the Los Angeles, California area by each of the following (each separately the “Blu Jam Company”):
FIESTA EXPRESS, INC., a California corporation
BLU JAM CAFE – BRENTWOOD, a California Corporation
BLU JAM CAFE – DTLA, a California Corporation
BLU JAM CAFE – TARZANA, a California Corporation
BLU JAM CAFE ON MULHOLLAND, a California Corporation
BLU JAM CAFE ON VENTURA, a California Corporation
Each Blu Jam Company is an affiliate of each other Blu Jam Company. Our Site is a single website which is relevant to each Blu Jam Company as well as to BJC Ventures, a California Limited Liability Company which licenses various assets to a company in Tokyo, Japan, which is authorized to operate a Blu Jam Café in Tokyo, Japan.
To the extent that any information of yours is collected due to your use of our Site, or as a result of your providing information to us, each Blu Jam Company has access to such information. Such access exists without a given Blu Jam Company taking any action to “share” such information with another Blu Jam Company.
“Us” means each Blu Jam Company. “We” means each Blu Jam Company.
“You” means the person who is accessing or using the Website. “Your” is a reference to something which belongs or refers to you.
- THE SITE – NO ACCOUNT REQUIRED
Nature Of The Site. The Site is made available to you so that you obtain information about us and, as described below, if you desire, order certain items from us.
No Account Required. THERE IS NO ACCOUNT TO BE ESTABLISHED BY YOU IN ORDER TO USE THE SITE.
- USE OF THE SITE.
Personal Use. The Site is provided to you for personal use only and may not be used for any illegal activity or purposes, including fraud or identity theft.
Prohibited Uses. You may not use the Site for any of the following:
- To take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site.
- In any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.
- To bully, defame, annoy and/or harass any person or institution, whether explicitly or implicitly, and whether by direct reference or otherwise.
- Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).
- Collect data for any direct or indirect marketing activity.
C ompliance With Applicable Law. You agree to use the Site in strict
- CERTAIN ONLINE ORDERS.On the Site there is a Tab entitled “Delivery And Takeout Platters”. If you click on this Tab and proceed to order a “large platter”, you will be asked to provide us with your name, phone number and e-mail. If you proceed and click the “SUBMIT TAKEOUT PLATTERS FORM”, you will be asked to pay for your order by credit card at our Site.
- THIRD PARTY DELIVERY SERVICES.There are several third parties which provide ordering and delivery services with respect to our food and beverages (the “Restaurant Items”). These third parties include Grubhub, Door Dash, Office Express, Postmates and Uber Eats (each a ‘Delivery Service”).
When you order the Restaurant Items from any of such Delivery Service your order
is made by using the w ebsite of such Delivery Services – not our Site. As a result, we do
not collect any personal information about you and payment for the Restaurant Items is made to the Delivery Service. We receive payment from the Delivery Service based upon your order.
THE USE OF THE DELIVERY SERVICE’S WEBSITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY MATTER PERTAINING TO THE DELIVERY SERVICE’S WEBSITE, INCLUDING WITHOUT LIMITATION THE NATURE OF OR THE EFFICIENCY OF SUCH DELIVERY SERVICE’S
WEBSITE OR THE SECURITY MEASURES AND PROCEDURES WHICH ARE USED BY THE DELIVERY SERVICE IN CONNECTION WITH THE DELIVERY SERVICE’S WEBSITE. WE ARE NOT RESPONSIBLE FOR THE EXPERIENCE YOU HAVE OR THE PROBLEMS YOU MAY HAVE IN USING THE DELIVERY SERVICE’S WEBSITE.
- 3% SURCHARGEIf you proceed to complete your order for a “large platter” (as described in Section 6) or you make your order through one of the Third Party Delivery Services (as described in Section 7) an amount equal to 3% of the cost of your order (excluding sales tax) will be added to the price of your order. This surcharge is in order to help us defray the costs of providing certain benefits to our employees.
- YOUR USE OF THE SITE EXPRESSLY EXCLUDES ANY WARRANTIES, GUARANTEES OR LIABILITIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE. THE FOREGOING EXCLUSION INCLUDES ANY WARRANTY WITH RESPECT TO FITNESS OF THE SITE OR OUR ABILITY OF TO FURTHER YOUR PERSONAL AFFAIRS. THE FOREGOING EXCLUSION ALSO EXCLUDES ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY ARISING OUT OF THE COURSE OF DEALING OR USAGE IN CONNECTION WITH YOUR USE OF THE SITE.
- WE, AND THE OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS OF EACH BLU JAM COMPANY DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SITE. YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES WHICH COULD BE CONSTRUED TO APPLY TO YOUR USE OF THE SITE.
- OUR INTELLECTUAL PROPERTY.
Introduction. The Site including without limitation the components thereof, constitute our “Intellectual Property”. This means, without limitation, that we have valuable and exclusive proprietary/ownership rights with respect to the Site which are protected by applicable trademark, copyright and patent laws of both the United States and any relevant foreign country.
As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Your Use Of The Site. Your use of the Site does not entitle you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Site or is used in connection with the Site.
- LICENSE FOR ACCESS TO THE SITE.For the sole purposes of accessing the Site, we grant you a non-exclusive and non- transferable license to access and use the Site. You have no right to sublicense the license granted to you. This limited license does not allow you to copy or sell our Intellectual Property and/or to scrape or mine our Site. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
Except for the limited license granted to you, you are not conveyed any other right or license in any way.
- SECURITY.While we work to protect the your security, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any occasion where you believe that your use of the Site has lead to a third- party contacting you in a manner which is not acceptable to you.
- MAINTENANCE OF SITE.The Site may be unavailable for access or use due to maintenance activities or a malfunction matter. We are not responsible to you or to any other person for any delay, error, defect, interruption or similar matter which occurs with respect to the Site.
Introduction. Set forth below are the terms by which you indemnify us in the event that a third party (not you) names us in a lawsuit or otherwise proceeds against us while asserting that your alleged action or omission has caused harm to such third party.
“Claim” means a claim, or cause of action, or suit for damages, losses, obligations and/or liabilities (including without limitation, damage to persons, property, or the environment) made against us by a person or entity other than you which claims, threatens or asserts that we are responsible or liable for damages, losses, obligations and/or liabilities suffered or supposedly suffered by such third party (regardless of the legitimacy of such claim, threat or assertion) even though your alleged action or omission has caused harm to such third party.
I ndemnification Of Us By You.
If a Claim is made against us, then you shall indemnify, defend and hold us harmless from and against the Claim (except to the extent that such Claim pertains to or is derived from the actions or omissions of us).
P articipation By US.
Nothing contained herein shall mean or be construed to mean that we shall not have the right to participate in the legal proceeding pertaining to the Claim represented by legal counsel unilaterally selected by us.
- UNITED STATES HOSTING.The Site is based in the United States. If you are using the Site outside of the United States, there may be local law which applies, and you agree to comply with such law without guidance or input from us.
- ARBITRATION OF DISPUTES.
Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
A rbitration Procedure. If you believe that a Dispute has arisen and you desire
to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you.
The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
You are specifically advised that the arbitrator will have wide the discretion
in conducting the arbitration.
Use shall be admissible in the arbitration proceeding to the same extent as would be the case with any other business document which was initially generated in a physical and/or printed form.
Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
If you prevail in the arbitration you may be entitled to an award of attorneys’ fees and expenses, to the extent provided under California law. If we prevail in the arbitration, we may be entitled to an award of attorneys’ fees and expenses.
P ayment Of Arbitration Fees And Costs. Unless otherwise agreed to us in
writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA in the case where you initiate the arbitration.
- VENUE.The Arbitration described above shall be brought exclusively in Los Angeles County, California. This means that you are waiving any claim or defense that such forum is not convenient or proper. In addition, you are agreeing that a final judgment in any such arbitration shall be conclusive and may be enforced in Los Angeles, California and in such other jurisdictions in the manner specified by law.
- CONTACTING US.
On the Site, there is a link that enables you to contact us by e-mail. You will be required to provide us with various information in order for us to be able to address your questions or concerns.
Dated: December , 2019
© 2019 BJC Ventures II. All rights reserved.