TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS OF USE CREATES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE LIMIT YOUR RIGHTS TO SELECT THE JURISDICTION IN WHICH A DISPUTE IS TO BE ADDRESSED, REQUIRE THAT ANY SUCH DISPUTE BE ADDRESSED THROUGH AN ARBITRATION PROCEEDING – AND NOT A COURT PROCEEDING.

  1. AFFILIATES.

    “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”):

    NAME

    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.

  2. CERTAIN DEFINITIONS.Certain terms that are used in this Terms Of Use are defined below. “Our” is a reference to something which belongs or refers to us.

    “Site”, Sites, or “Website” means any website maintained or controlled by us even if such Website is not specifically named in this California Privacy Policy.

    “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.

  3. YOUR AGREEMENT TO THESES TERMS OF USE.YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT CONTINUE TO USE THE SITE.

    IF YOU ACCEPT OR AGREE TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IF THE FOREGOING SENTENCE IS APPLICABLE, THEN “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

  4. THE SITE – NO ACCOUNT REQUIRED
    1. 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.

    2. No Account Required. THERE IS NO ACCOUNT TO BE ESTABLISHED BY YOU IN ORDER TO USE THE SITE.

  5. USE OF THE SITE.
    1. 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.

    2. Prohibited Uses. You may not use the Site for any of the following:

      1. To take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site.
      2. In any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
      3. 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.
      4. To bully, defame, annoy and/or harass any person or institution, whether explicitly or implicitly, and whether by direct reference or otherwise.
      5. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).
      6. Collect data for any direct or indirect marketing activity.
    3. C ompliance With Applicable Law. You agree to use the Site in strict

      compliance with all applicable laws and regulations. It is your responsibility to comply with such applicable laws and regulations, and your agreement to comply with these Terms Of Use does not the mean that you are in compliance with such applicable laws and regulations.

  6. 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.
  7. 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.

  8. 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.
  9. DISCLAIMERS.
    1. 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.
    2. 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.
    3. 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.
  10. OUR INTELLECTUAL PROPERTY.
    1. 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.

    2. 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.

  11. 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.

    Any unauthorized use of the Site, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms Of Use.

  12. LIMITATION OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT NEITHER ANY BLU JAM COMPANY NOR ANY AFFILIATE, DIRECTOR, MEMBER, SHAREHOLDER OR OFFICER OF ANY BLU JAM COMPANY WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO THE SITE, THE DECISIONS YOU MAKE WITH REGARD TO THE USE OF THE SITE OR THE CONSEQUENCES OF YOUR USE OF THE SITE..
  13. LINKSThe Site may contain links to third-party applications, websites and resources (separately and collectively referred to herein as the “Linked Sites”). The Linked Sites are provided solely as a convenience to you and do not constitute an endorsement by us of the content on such Linked Sites. We makes no representations or warranties regarding the correctness, accuracy, performance or quality of any software, service or application found at any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such Linked Sites. If you decide to access Linked Sites, you do so at your own risk. Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
  14. 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.
  15. 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.
  16. MODIFICATION.We reserve the right in our sole discretion to modify the Site and these Terms Of Use. Such changes can be made at any time and without the necessity of giving notice to you. The modification of these Terms Of Use will be posted on the Site.

    As you continue to use the Site after we have posted the modification, you will be agreeing – without action on your part – to be bound by the modified Terms Of Use. You remain free at any time to cease using the Site.

  17. PRIVACY POLICIES.We have established both a Privacy Policy and a California Privacy Policy.

    The Privacy Policy and the California Privacy Policy are each accessible by clicking on the hyperlink so entitled on the Site.

    PLEASE READ THE PRIVACY POLICY AND THE CALIFORNIA PRIVACY

    POLICY.

  18. INDEMNIFICATION.
    1. 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.

    2. Claim.

      “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.

    3. 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).

    4. 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.

  19. 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.
  20. LANGUAGE.The language for these Terms Of Use is English. We are not responsible for the method by which you may have these Terms Of Use explained to you or translated for you. We are not responsible for the accuracy of any such explanation or translation of these Terms Of Use.
  21. GOVERNING LAW.These Terms Of Use are governed by and construed in accordance with California law applicable to contracts made and to be performed wholly within California , and without regard to the conflicts of laws principles thereof.
  22. ARBITRATION OF DISPUTES.
    1. General. Any controversy or claim arising out of, or relating to, these Terms Of Use, the breach thereof, or the validity of this arbitration provision, shall be settled by binding arbitration in Los Angeles County, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable relief, including but not limited to, prohibitory or mandatory injunctions, specific performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration under the provisions hereof, provided that such party stipulates in such action, at any other party’s request, to arbitration on the merits of said case.

      The immediately preceding paragraph means that your use of this Site constitutes your agreement that if any dispute arises between you and us with pertains to these Terms Of Use (which cannot otherwise be resolved through communication between us) any such dispute, including all aspects relating to such dispute, whether relating to the alleged breach, termination, enforcement, interpretation or validity of these Terms Of Use or the use of the Site (each and all of such matters being referred to herein as a “Dispute”) will be settled by binding arbitration, as described herein.

    2. 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.

    3. 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.

    4. A dmissibility Of These Terms Of Use. A printed version of these Terms Of

      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.

    5. 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.

    6. 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.

  23. 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.
  24. SEVERABILITY.
    1. General. If any provision of these Terms Of Use, as applied either to you or us or to any circumstance, shall be found to be void, invalid or unenforceable, this shall in no way affect any other provision of these Terms Of Use, or the application of any such provision in any other circumstance, or the validity or enforceability of these Terms Of Use. In addition, any provision which is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.

    2. Foreign Jurisdictions. Without limiting the generality of Paragraph A. immediately above, if any of the provisions of these Terms Of Use is inconsistent with the law of any jurisdiction outside of the United States, then these Terms Of Use shall be read and applied as if such provision is not a part of these Terms Of Use.

  25. EFFECT OF WAIVER.No waiver by you or by us of any term or condition of these Terms Of Use shall be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this or any other agreement. All remedies, rights, undertakings, obligations and agreements contained in these Terms Of Use shall be cumulative. No particular remedy, right, undertaking, obligation or agreement contained in these Terms Of Use shall be in limitation of any other remedy, right, undertaking, obligation or agreement set forth in these Terms Of Use.
  26. NO ASSIGNMENT.These Terms Of Use are not to be assigned by you to another person or entity and any attempted assignment by you shall be null and void and have no effect. We may assign these Terms Of Use to any Affiliate or an affiliated entity which is formed after the date of theses Terms Of Use without your consent. Subject to the immediately preceding two sentences, these Terms Of Use and all provisions hereof, shall inure to the benefit of and be binding upon each of us, and the respective successors in interest, assigns, administrators, executors, heirs and devisees of each of us.
  27. NO THIRD PARTY BENEFICIARY.These Terms Of Use do not and are not intended to confer any rights or remedies upon any person other than you and us. This includes the fact that if you die, the ability of your successor(s) in interest (whether one or more heirs, one or more beneficiaries and/or your court appointed administrator(s) or executor(s) or otherwise) to access the Site and use your login and password information is not authorized by these Terms Of Use.
  28. INTERPRETATION.These Terms Of Use are to be interpreted fairly and simply, and not strictly for or against either you or us, regardless of the fact that we have prepared these Terms Of Use.
  29. ENTIRE AGREEMENT.These Terms Of Use, constitute the entire agreement between you and us pertaining to the subject matter hereof. No supplement, modification or amendment of these Terms Of Use shall be binding except through the updating of these Terms Of Use as provided for herein.
  30. DESCRIPTIVE HEADINGS.The descriptive headings which are used herein are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms Of Use.
  31. 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.