Effective date: 12/19/22
MANDATORY TERMS OF USE
PLEASE READ THIS MANDATORY TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
John Charles Enterprises Inc. d/b/a Joe’s Dairy Bar and Grill (“Joe’s Dairy Bar” or “Joe’s Dairy Bar and Grill”) provides this website and website-related services (collectively, “the Website”) subject to your compliance with the mandatory Terms of Use set forth in this agreement (the “Agreement”).
The Agreement governs the relationship between Joe’s Dairy Bar and you, the Visitor, with respect to your use of this Website.
YOUR USE OF THIS WEBSITE BINDS YOU TO THE TERMS OF USE CONTAINED HEREIN.
If you do not agree to these Terms of Use, you must not use this Website.
As used in this Agreement, the words “you” and “your” refer to any person accessing the Joe’s Dairy Bar Website.
The words “it,” “its”, “we,” “us” and “our” refer to John Charles Enterprises Inc. d/b/a Joe’s Dairy Bar and Grill.
Joe’s Dairy Bar may, at any time and at our sole discretion revise or update this Agreement, by posting an amended Agreement on this Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
If you have any questions, please contact us.
LICENSE TO USE WEBSITE
Joe’s Dairy Bar hereby grants you a limited, non-assignable, non-exclusive right to access the Website and the Materials contained thereon (defined below) subject to, and in accordance with, the terms of this Agreement.
Any violation of the terms of the Agreement is grounds for immediate termination of this limited license and may result in legal action by Joe’s Dairy Bar and Grill and/or its legal counsel.
DISCLAIMER
General Disclaimer
All the information and material (the “Materials”) on this Website are provided solely for general informational purposes only. The Materials, including Blog posts, Newsletters, any legal analysis and other publications, attorney profile and service descriptions are not intended to, and do not constitute, legal advice or the provision of legal services.
The Materials on this website may not reflect the most current legal developments, verdicts or settlements and should not be used to forecast future results. Joe’s Dairy Bar reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice.
Moreover, the Materials are not intended to, and do not constitute, the formation of a customer and/or client relationship.
You should consult an attorney for advice regarding your individual situation.
We invite you to contact us and welcome your calls, letters and electronic mail.
Contacting us does not create customer and/or client relationship.
Any price quotation, service information, employment benefits information, and/or any other such information regarding the provision and fees for any service offered by Joe’s Dairy Bar or the benefits of employment by Joe’s Dairy Bar are provided purely for informational purposes only and illustrative purposes. Joe’s Dairy Bar does not guarantee, and makes no warranty, promise, or agreement, that any depicted or described product, service or benefit is actually offered or comports with its description on the Website.
Joe’s Dairy Bar reserves the right to cease offering any such products, services or benefits to prospective employees or clients or clientele at any time, in all cases, without notice or liability.
Confidentiality
No website is entirely secure, so please be cautious concerning information provided through the contact form and/or email.
Do not assume confidentiality exists in anything you send through this website or email (see “General Disclaimer,” above).
Information conveyed may not be privileged and/or confidential. Unsolicited emails sent to Joe’s Dairy Bar and/or via this Website will not be considered confidential and may be disclosed to others via our Privacy Policy.
AVAILABILITY OF SERVICE
While Joe’s Dairy Bar makes reasonable efforts to ensure that the Website is available at all times, Joe’s Dairy Bar does not guarantee, represent or warrant, that access to the Website will be uninterrupted or error-free. Joe’s Dairy Bar does not guarantee that users will be able to access or use any or all of the Website features at all times.
Further, Joe’s Dairy Bar reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you.
Joe’s Dairy Bar may also impose limits on the use of, or access to, certain features or portions of the Website, or restrict your access to any or all of the Website, in all cases without notice or liability.
You agree that Joe’s Dairy Bar shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials.
RULES OF CONDUCT
You agree to all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials. In addition, your use of the Website is conditioned on your compliance with the following Rules of Conduct.
You agree not to use this Website for any unlawful purpose, including impersonating any person or entity, including, but not limited to, any Joe’s Dairy Bar owner, officer, employee, agent, or representative, or expressing or implying that Joe’s Dairy Bar endorses any statement you make.
You may also not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website or the Materials. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by meaning of hacking or defacing any portion of the Website.
In addition, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit, or other harmful code is prohibited.
Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about Joe’s Dairy Bar, its owners and/or officers, other employees and representatives identified on the Website, without their express consent.
You are also prohibited from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website or the Materials.
Finally, you may not mirror, frame, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including Joe’s Dairy Bar’s or any other party’s intellectual property therein, without our prior express written authorization.
CONTENT SUBMITTED TO
OR MADE AVAILABLE TO
JOE’S DAIRY BAR
By submitting any documents, comments, questions, suggestions, payment information, client and/or customer contact information, plans, notes, drawings, ideas, proposals and/or materials similar thereto (the “Submissions”) to Joe’s Dairy Bar, through feedback, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not confidential and/or proprietary information; (b) your Submissions automatically become the property of Joe’s Dairy Bar without any obligation of Joe’s Dairy Bar to you; (c) Joe’s Dairy Bar is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) Joe’s Dairy Bar shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) Joe’s Dairy Bar may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from Joe’s Dairy Bar in exchange for the Submissions.
Further, Joe’s Dairy Bar may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose.
Finally, Joe’s Dairy Bar may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect its rights or property, or for any other reason.
JOE’S DAIRY BAR’S INTELLECTUAL PROPERTY RIGHTS
This Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website or any of the Materials for your personal, non-commercial use, or as otherwise permitted by law, but you may not copy any part of the Website or the Materials for any other purpose without the express written consent of an agent on behalf of Joe’s Dairy Bar with the appropriate binding legal authority, any you may not modify any part of this Website or the Materials, for any reason.
Inclusion of any part of this Website or any part of the Materials in another work, whether in printed form, electronic form, or any other form, and inclusion of any part of the Website or the Materials in another website by linking, in-line linking to, framing or otherwise, is strictly prohibited, without agreeing to Joe’s Dairy Bar’s Terms of Use, Terms and Conditions and obtaining the express written consent of an individual with binding legal authority on behalf of Joe’s Dairy Bar in advance.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to Joe’s Dairy Bar are trademarks and/0r service marks owned by Joe’s Dairy Bar Any use of copyrighted works, trademarks or service marks, including the reproduction, removal, modification, distribution or republication of same without the prior written consent of Joe’s Dairy Bar is strictly prohibited.
Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
Joe’s Dairy Bar can be reached by directing communications to: Joe’s Dairy Bar, P.O. Box 1096, Hopewell Junction, New York 12533, 845-221-0488.
DESIGNATED AGENT: If you believe that any Materials posted on this Website infringe the copyright in your work, please direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns.
ENFORCEMENT OF THE AGREEMENT
Joe’s Dairy Bar may investigate any reported, alleged or suspected violation of this Agreement, and take any action that Joe’s Dairy Bar and its legal agents, in their discretion, deem appropriate.
Such action may include issuing warnings, suspension of a user’s access to the Website, or complete termination of such access, at any time.
Additionally, Joe’s Dairy Bar reserves the right to bring suit for any violation of this Agreement.
LIMITATION OF LIABILITY AND
DISCLAIMER OF WARRANTIES
IN NO EVENT SHALL JOE’S DAIRY BAR, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. JOE’S DAIRY BAR DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.
FURTHER, NEITHER JOE’S DAIRY BAR NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR HOSTING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you “AS IS” and JOE’S DAIRY BAR SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
INDEMNITY
You agree to defend, indemnify, and hold harmless Joe’s Dairy Bar and its affiliates and its suppliers, and each of its respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including but not limited to, attorney fees) arising out of:
(a) your activities in connection with this Website;
(b) any violation of this Agreement by you;
(c) any improper or unauthorized use of the Materials by you;
(d) any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party; and
(e) any conduct, activity, or action engaged in by you which is unlawful or illegal under any state, federal or common law, or violative of the rights of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Services, Materials or any other such service or information provided by the Website.
SEVERABILITY
If any portion of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy, which is expressly incorporated as terms of this Agreement.
If you object to anything in the Privacy Policy, please do not use our services.
CHOICE OF LAW AND JURISDICTION
Unless otherwise specified, this Website and its contents are solely provided for the provision of information about Joe’s Dairy Bar.
The Website is controlled and operated by Joe’s Dairy Bar from its New York location. As such, any dispute arising under this Agreement shall be resolved exclusively by New York’s state or federal courts, applying New York law, regardless of principles of conflicts of law.
By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
LINKS TO OTHER WEBSITES
This Website contains links to other sites (“Third Party Websites”). These links are provided solely for the convenience of our users.
Joe’s Dairy Bar does not necessarily endorse, sanction or verify the accuracy of the information contained on Third Party Websites.
Once you access a Third Party Website through a link on this Website, you are no longer covered by the privacy policies or Terms of Use of this Website.
Concerns regarding a Third Party Website should be directed to the Third Party Website itself. Joe’s Dairy Bar bears no responsibility for any action associated with any Third Party Website.
POLICIES FOR CHILDREN
This Website is not directed to individuals under the age of thirteen (13), nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).
Please see the Federal Trade Commission’s website for this act.
Notwithstanding the foregoing, pursuant to 47 U.S.C. §230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors.
More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
WEB ACCESSIBILITY POLICY
Joe’s Dairy Bar is committed to providing individuals with disabilities access to information on the services we offer and to other features offered through this Website.
Joe’s Dairy Bar engages in ongoing efforts to meet online usability and design requirements recommended by the World Wide Web Consortium (W3C) in its Web Content Accessibility Guidelines (WCAG) 2.1.
Although Joe’s Dairy Bar endeavors to meet WCAG requirements, it is not always possible to do so in all areas of the Website and within associated digital content due to reliance on third parties or technical or usability limitations.
If you experience barriers to any part of the Website, please let us know by emailing us. Contact us here. Please be as specific as possible in your description of the problem(s) encountered as well as the location (Page Name, Heading and/or URL) on the Website and provide your full contact information and preferred method of contact.