TERMS OF SERVICE
Your use of the Site constitutes your acceptance of this Agreement, and we reserve the right to revise the Agreement at any time without notice to you. When we make revisions, we will post them on the Site and they will be effective immediately upon posting. You agree to check this section periodically to be aware of any changes to the Terms and Conditions. YOUR CONTINUED USE OF THE SITE AFTER THE POSTING OF ANY REVISIONS SHALL BE CONSIDERED YOUR AGREEMENT TO THE MODIFIED TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, please do not use this Site.
2. Use of the Site.
To access or use the Site, you must be thirteen (13) years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of thirteen (13) are prohibited from using the Site.
3. Payment & Order Confirmation.
To make a purchase through the Site, Et Voilà! requires you to enter your full name, email address, phone number, physical address, and credit card number or PayPal information. You agree to pay all fees, applicable taxes, and shipping costs associated with your order. All payments must be processed in advance of Et Voilà! shipping your order. Payments to Et Voilà! will be in US Dollars, regardless of where you purchase from. Et Voilà!! will email you to confirm the placement of your order and with details concerning your product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
4. What We Own.
Unless otherwise noted, all material and services available on the Site, and all material and services provided by or through Et Voilà!, its affiliates, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Content”) are the intellectual property of Et Voilà!, our licensors, and our contributors. The Content is protected by U.S. copyright, trademark, trade-dress, and/or any other applicable national or international intellectual property laws. All Et Voilà! trademarks and service marks, logos, slogans and taglines are the property of Et Voilà!. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Et Voilà! without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
5. Our License to You.
Subject to this Agreement, Et Voilà! hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Content to the extent, and only to the extent, necessary to access and use our services in accordance with the terms of this Agreement. This license does not permit you, and you agree not to: store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Content or otherwise distribute in any way the Content other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Content, create derivative works based on or in any manner commercially exploit the Content, in whole or in part, other than as
expressly permitted in this Agreement. Any use of the Content for any purpose other than as specifically permitted herein or without our prior consent or the prior written consent of our licensors, as applicable, is expressly prohibited. We reserve all rights not expressly granted in this Agreement.
6. Content You Provide to Us.
You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other content uploaded, posted or stored in connection with your use of the Et Voilà! Services, including photos or videos shared with us via social media (collectively “User Generated Content” or “UGC”). Et Voilà! is not responsible for your UGC.
7. Copyright Notices.
In accordance with the Digital Millennium Copyright Act (“DMCA”), Et Voilà! will remove any Content if properly notified that such Content infringes on another’s intellectual property rights. We reserve the right, at our sole discretion, to remove any Content without prior notice. If Et Voilà! publishes Material that you think infringes your copyright, please email us at email@example.com and we will attempt to address your concerns. If you have corresponded with Et Voilá! directly, and thereafter choose to pursue a copyright notice, please note that we will respond only to notices of alleged infringement that comply with the DMCA. The text of the Act can be found at the U.S. Copyright Office Web Site. To file a notice of infringement with us, you must provide a written communication by email to firstname.lastname@example.org with an attached and signed PDF that sets forth the items specified below. If we do not respond in 10 business days, please write again – high email volume and spam means we sometimes miss emails.
To enable us to address your concerns quickly and efficiently, please provide the following information in your notice email:
- For each alleged infringement that you wish to have removed, please provide the exact URL for the page containing the Material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone number.
- For images, provide the following detailing your claim to ownership of the copyright in the allegedly infringing image:
- Proof of copyright in the image concerned, namely proof of copyright registration of the Image, or, absent such registration, a detailed description of the image – where it was taken, by whom, who or what the subject of the image is, and evidence to support your claim that you own the copyright. We may not comply with requests to remove an image if you cannot prove that you own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and email it to email@example.com
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid and we will have no obligation to respond or acknowledge receipt of your notice. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on Et Voilà! infringes your copyrights.
8. Accuracy of Information.
While we strive for accuracy, information on the site may sometimes contain errors or inaccuracies. Et Voilà! does not make any warranty as to the correctness or reliability of the site’s content. Additionally, Et Voilà! may, from time to time, feature guest bloggers on the Site. These bloggers are not employees of Et Voilà!, and their views do not necessarily represent the views of Et Voilà!.
9. Email Correspondence.
Emails sent to any @etvoilabistro.com email address are considered our property. If you wish to remain anonymous, please specify this in the body of the email itself and we will do our best to respect your wishes.
Our Site will occasionally contain links to, and quotation of, Material from third-party sites. These links and/or quotations should not be taken as an endorsement or discouragement of the third-party sites by Et Voilà!. Et Voilà! is responsible for neither the content nor the privacy practices of other sites. We encourage our users to be aware when they leave the Site, and to read the privacy statements of any website that may collect personally identifiable information.
11. Information Security.
12. Disclaimer and Limitation of Liability.
You understand that any tips and/or advice provided through the Site should be applied to their unique circumstances. Et Voilà! expressly disclaims all liability for any negative outcomes as a result of following any tips and/or advice found on the site. All Users follow the tips and/or advice solely at User’s own risk. Information provided on the Site’s menu descriptions, pricing, and other information are subject to change. We endeavor to describe and display our Services as accurately as possible. While we try to be as clear as possible in explaining the Services, Et Voilà! may, from time to time, have to correct errors in pricing and menu descriptions. Et Voilà! makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Except as expressly set forth in these terms and conditions, you expressly understand and agree that the site, content, products and/or services on the site are provided “AS IS” and on an “AS AVAILABLE” basis. To the fullest extent permitted by law and except as expressly set forth in these terms and conditions, ET VOILÀ! EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Et Voilà! does not represent or warrant that the site will be uninterrupted or error-free, that any
defects will be corrected, or that the site or the server that makes the site available are free from viruses or anything else harmful. Further, except as expressly set forth in these terms and conditions, Et Voilà! makes no warranties or representations about the accuracy, adequacy, usefulness, reliability, or completeness of the site, products, services, content, the content of any third-party site linked to or from this site, comments, information, information provided by our vendors, or any other items or materials on the site or linked to or from the site.
Et Voilà! assumes no liability or responsibility for:
- Any, errors, mistakes or inaccuracies of the content, products, services, information, site and materials set forth on or made available through the Site
- Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site, products, services or any third party site(s), products or services
- Any unauthorized access to or use of the servers that host the site or any third party site(s) and/or any and all personal information stored therein
- Any interruption or cessation of transmission to or from the site or third party site(s)
- Any bugs, viruses, Trojan horses or the like, which may be transmitted to or through the site or any third party site(s) by Et Voilà! or any third party, and/or
- Any errors or omissions in the network or any content, information and materials (including but not limited to third party site(s)) or for any loss or damage of any kind incurred as a result of the use of any of the foregoing.
No person (including any agent, dealer or representative of Et Voilà!) is authorized to make any representation or warranty concerning services and you acknowledge and agree that you have not relied on any other warranties or representations. In no event shall Et Voilà! or its affiliates, agents, suppliers, vendors, manufacturers or distributors be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, including, without limitation, damages for loss of use, data, revenue or profits, business interruption, or loss of business opportunity or goodwill, arising from or in connection with:
- The use of, or inability to use, the site
- The provision of or failure to provide services, products, materials, content, or software available from, on or through the site or any third-party website(s); or
- The conduct of other users of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Et Voilà! has been advised of the possibility of such damages.
You assume complete responsibility for your use of the site. Your sole remedy against Et Voilà! for dissatisfaction with the Site or any content is to stop using the Site. That said, IF ET VOILÀ! IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS ARISING OUT OF OR WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ANY CONTENT, OR PURCHASE OF ANY PRODUCTS OR SERVICES ON OR THROUGH THE SITE, ET VOILÀ!’S LIABILITY SHALL NOT EXCEED $100.00 IN THE AGGREGATE.
For any dispute you have with Et Voilà!, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally.
PLEASE REVIEW-IMPORTANT-AFFECTS YOUR LEGAL RIGHTS: EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECIDED BY ARBITRATION AND NOT IN COURT OR BY JURY TRIAL. IF A DISPUTE IS ARBITRATED, YOU WILL GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER OR ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. DISCOVERY AND ANY RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
Any claim or dispute, whether in contract, tort, statute or otherwise (including interpretation and scope of this Arbitration Clause, and the arbitrability of the claim or dispute), between you and us or our employees, agents, successors or assigns, which arises out of or relates to your access, use, or purchase of our Services and/or any resulting transaction or relationship (including any such relationship with third parties who do not sign this contract) shall, at your or our election, be resolved by neutral, binding arbitration and not by a court action. If federal law provides that a claim or dispute is not subject to binding arbitration, this Arbitration Clause shall not apply to such claim or dispute. Any claim or dispute is to be arbitrated by a single arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a class action .
You may choose one of the following arbitration organizations and its applicable rules:
- The National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com)
- The American Arbitration Association, 335 Madison Ave., Floor 10, New York, NY 10017-4605) (www.adr.org)
- Or any other organization that you may choose subject to Et Voilà!’s approval.
You may get a copy of the rules of these organizations by contacting the arbitration organization or visiting its website. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. The arbitrator shall apply governing substantive law in making an award. The arbitration hearing shall be conducted in the federal district in which you reside. Et Voilà! will advance your filing, administration service or case management fee and your arbitrator or hearing fee all up to a maximum of $2,500, which may be reimbursed by decision of the arbitrator at the arbitrator’s discretion. Each party shall be responsible for its own attorney, expert and other fees, unless awarded by the arbitrator under applicable law. If the chosen arbitration organization’s rules conflict with this Arbitration Clause, then the provisions of this Arbitration Clause shall control. The arbitrator’s award shall be final and binding on all parties, except that in the event the arbitrator’s award for a party is $0 or against a party is in excess of $100,000, or includes an award of injunctive relief against a party, that party may request a new
arbitration under the rules of the arbitration organization by a three-arbitrator panel. The appealing party requesting new arbitration shall be responsible for the filing fee and other arbitration costs subject to a final determination by the arbitrators of a fair apportionment of costs. Any arbitration under this Arbitration Clause shall be governed by the Federal Arbitration Act (9 U.S.C. Section 1 et seq. ). You and we retain any rights to self-help remedies. You and we retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. Neither you nor we waive the right to arbitrate by using self-help remedies or filing suit. Any court having jurisdiction may enter judgment on the arbitrator’s award. This Arbitration Clause shall survive any termination, payoff or transfer of this contract. If any part of this Arbitration Clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. If a waiver of class action rights is deemed or found to be unenforceable for any reason in a case which class action allegations have been made, the remainder of this Arbitration clause shall be unenforceable. You and Et Voilà! hereby agree to the binding Arbitration Clause as set forth above.
14. Recovery of Litigation Expenses.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding in addition to any other relief to which it or they may be entitled.
These Terms of Service are effective unless and until terminated by either you or Et Voilà!. You may terminate these Terms of Service as they apply to you at any time by ceasing to use the Site. Et Voilà! may terminate these Terms of Service at any time immediately and without notice, and accordingly deny you access to the Site, for any reason in its sole discretion; however, the provisions in these Terms of Service that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms of Service.
16. Governing Law and Jurisdiction.
These Terms of Service shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the state and/or federal courts of the State of California. Et Voilà!’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in this these Terms of Service is in derogation of Et Voilà!’s right to comply with law enforcement requests or requirements.
24. Entire Agreement.
If any portion of these Terms of Service is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law with a provision that most closely reflects the intention of the original provision, and the remainder of these Terms of Service shall remain in full force and effect. The failure of Et Voilà! to insist upon or enforce strict performance by you of any provision of these Terms of Service shall not be construed as a waiver of any provision or right.
26. Changes to our Terms of Service.
We may periodically modify, alter or update the Terms of Service. We will alert Users to any material changes to this policy by posting the revised information on our Site. We encourage you to review our Terms of Service on a regular basis to stay informed. Your continued use of the Site constitutes your agreement to these Terms of Service and any updates therein.
27. Notice of Changes and Use of Terms of Service.
We may provide notice to you relating to the Site and/or these Terms of Service by sending an email to your last known email address, and any such notice shall be deemed given and received on the day it is sent. A printed version of these Terms of Service and of any notices given to you in electronic form or otherwise shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Service and/or the Site must commence within one (1) year after the cause of action arises. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
1. Information We Collect.
Personally identifiable information
Personally identifiable information (“PII”) is any information that can be used to identify you, such as your first and last name, your email address, your physical address, phone number, social security number, etc. We collect whatever personal data about you that you choose to give us, such as email addresses, phone numbers and other personal information. We do not require you to use our Site to contact us. If you do choose to contact us through our Site, we will use your email address to send you promotional messages once per week. We’ll try to make them engaging and interesting, but of course you’ll be able to opt out at any time using the included link. We may also email you back to respond to any of your questions, comments, concerns, etc.
Aggregate information (non-personally identifiable information) and Metadata
Et Voilà! may, from time to time, automatically collect and provide aggregate information about our visitors to our advertisers, sponsors, promotional partners and affiliates. This aggregate information includes, but is not limited to, IP addresses connecting to our site, how many persons visited a particular page or activity, dates and times of image uploads, device characteristics, operating system, browser type, type of connection, page and image viewing statistics, and incoming and outgoing links. We also log the metadata associated with any images, PDFs, documents, or other files you may upload or share with us. Like most websites, we use log files to store this information.
None of this automatically collected technical information is intentionally associated with any identified person at the time it is collected, but it could be associated with you under two circumstances: First, if you choose to give us personal data about you as described above, the technical information we collect that would otherwise be anonymous could instead be logged as coming from you. Second, if we are required to disclose our server logs as a result of a subpoena or other legal process, some third party such as your internet provider could match our anonymous technical information with you, using information beyond what is found on our servers.
2. How We Use Your Information.
The information you provide us is used to respond to your inquiries, process gift card orders, send periodic email updates and marketing messages, and improve the service we provide. We may share your information with trusted third parties who assist us in operating our website, conducting our business and servicing clients and visitors. These trusted third parties agree to keep this information confidential. Your personal information will never be shared with unrelated third parties.
Additionally, if Et Voilà! has a good faith belief it must do so to meet a legal requirement, such as pursuant to a subpoena or other judicial or administrative order, we will disclose only the PII necessary to comply with such order. Please be advised, however, that although we take technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, Et Voilà! cannot warrant that your information will be absolutely secure. Any transmission of data is at your own risk.
3. How We Respond to “Do Not Track” Signals.
Do Not Track (“DNT”) is a preference you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. Et Voilà! does not currently respond to, or honor, Do Not Track signals or requests from your browser.
4. Your Rights Regarding The Use Of Your Personal Information.
You have the right at any time to prevent us from contacting you for marketing purposes. If and when we send a promotional communication to a user, the user can opt out of further promotional communications by following the unsubscribe instructions provided in each promotional e-mail.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. The computers/servers in which we store personally identifiable information are kept in a secure environment.
6. Gift Card Orders.
We request information from you on our gift card order form. To buy from us, you must provide contact information (like name and email address) and financial information (like credit card number and expiration date, or PayPal information). This information is used for billing purposes and to fill your gift card orders. If we have trouble processing an order, we will use this information to contact you.
7. California Online Privacy Protection Act.
According to CalOPPA, we agree to the following:
- Users can visit our site anonymously
8. Children’s Online Privacy Protection Act (COPPA).
Et Voilà! does not knowingly collect personal information from persons under the age of 13. If we learn that we have collected any information or content from anyone under the age of 13, we will delete that information immediately.
9. Links to Other Websites.
10. Anti-SPAM Policy.
Et Voilà! is 100% opposed to unsolicited commercial email (“spam”). We do not have any desire to send unsolicited marketing emails to anyone without permission and we do not sell or provide user email addresses to any unauthorized third party in violation of this Policy. All of our newsletters and other general email marketing communications also include an “unsubscribe” opt-out link that you may use to ask that we discontinue such emails to you.
11. Sharing of Information with Partners.
As stated above, we may collect and provide aggregate information about our visitors to our advertisers, sponsors, promotional partners, and affiliates, such as how many persons visited a particular page or activity, the average age of our visitors on the site or page, or the likes and dislikes of our visitors, but this information does not include personal information about any individual visitor.
Et Voilà! uses third-party advertising providers, such as Google. If you would like more information about the collection, use and disclosure practices of these companies, and/or your options for not having this information used by these companies, click on the link above.
We also use outside companies, such as a credit card processing company and email service provider, to provide specific services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
12. Fair Information Practices
In order to comply with Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify the users via email within 7 business days.
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
14. Contact Information.
Last Updated: 7/20/2017