Created/Updated Date: June 1, 2015
Thank you for visiting us at one or more of our family of websites (collectively the “Websites” and each a “Website”):
The Bon Appétit Group℠ (“BA Group℠”) includes the following member entities: Advantus Leisure Management Services, Inc., Advantus Restaurant, Inc., Café Al Fresco of Pinellas, Inc., Global Investors of Florida, Inc., Hillsborough Park, LLC, Sand Key Beach Services, LLC, International Development Limited, Inc., Fred Howard Beach Services, LLC, Florida Beach Services, Inc., Creative Cuisine Food Service Consultants, Inc. and Done Gone, LLC. Each entity in the BA Group℠ is independently owned and operated.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION ON THE
The BA Group℠ is not responsible if information made available on the Websites is not accurate, complete, or current. The materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more up-to-date sources of information. Any reliance on the materials on the Websites is at your own risk. The Websites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, but we have no obligation to update any information on the Websites. You agree that it is your responsibility to monitor changes to the Websites.
3. INTELLECTUAL PROPERTY RIGHTS AND LIMITED USE OF CONTENT ON THE
All content on the Websites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, software, information, and other materials, as well as the selection and arrangement thereof) (collectively, “Content”) is the exclusive property of and owned by the BA Group℠, its member entities, its/their licensors, or its/their content providers and is protected by copyright, trademark, and other applicable laws. You may access, copy, download, and print the Content for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Content you access, copy, download or print. Any other use of Content, including but not limited to the modification, distribution, transmission, public performance, broadcast, publication, public display, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works based upon any Content, products or services obtained or accessed from the Websites, or use of the Websites for purposes competitive to the BA Group℠ or its member entities, is expressly prohibited without the prior written consent of the BA Group℠. You agree to abide by all additional restrictions displayed on the Websites as they may be updated from time to time. The BA Group℠ reserves the right to refuse or cancel any person’s registration for any Website, remove any person from any Website, or prohibit any person from using any Website for any reason whatsoever. The BA Group℠, its member entities, its/their licensors, or its/their content providers retain full and complete title to the Content, including all associated intellectual property rights, and provide the Content to you under a license that is revocable at any time in the BA Group℠’s sole discretion. The BA Group℠ neither warrants nor represents that your use of the Content or the Websites will not infringe rights of third parties not affiliated with the BA Group℠.
You may not use contact information provided on the Websites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Websites or to intercept any system, data, or personal information from the Websites. You agree not to interrupt or attempt to interrupt the operation of the Websites in any way. The BA Group℠ reserves the right, in its sole discretion, to limit or terminate your access to or use of the Websites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which the BA Group℠ or it member entities may be entitled at law or in equity.
The Websites may contain links to other websites and pages which are operated by third parties, including, but not limited to, websites that provide online booking, reservations applications, tools, or facilities. These links are provided as a convenience to you and as an additional avenue of access to the information contained at the linked websites. We have not reviewed all the information on those other linked sites and are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. By clicking on or activating such links, you acknowledge that the BA Group℠ does not exercise control over any data or any information that you provide after leaving the Websites. Any and all access to the linked websites is entirely at your own risk. Different terms and conditions may apply to your use of any linked websites. The BA Group℠ shall not be liable for any losses, damages or other liabilities incurred as a result of your use of any linked websites.
Inclusion of links to other websites should not be viewed as the BA Group℠’s endorsement of the content of such linked websites. Unless expressly so stated on the Websites or the linked website, the BA Group℠ is not associated or affiliated with any trademarks or service marks, logos, insignia, other intellectual property rights or devices, which appear on the linked websites.
5. COMMENTS OR OTHER INFORMATION OR MATERIALS SUPPLIED BY YOU
You acknowledge that you are responsible for any material you may submit via any Website (including any components of any Website administered by third parties, such as tools that allow you to interact with the Website through Facebook, Twitter, and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Websites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto any Website.
If you do submit material, and unless we indicate otherwise, you grant the BA Group℠ and its member entities a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works based upon, distribute, and publicly display such material throughout the world in any media. You further agree that the BA Group℠ and its member entities are free to use any ideas, concepts, and/or know-how that you or individuals acting on your behalf provide via any Website. You grant the BA Group℠ and its member entities the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify the BA Group℠ and its member entities for all claims resulting from content you supply.
6. CONDUCT ON THE WEBSITES
Some features that may be available on the Websites require registration. By registering at and in consideration of your use of the Websites, you agree to provide true, accurate, current and complete information about yourself.
You or third parties acting on your behalf are not allowed to frame any Website or use our proprietary trademarks or service marks as metatags, without our written consent. Such trademarks and service marks include, but are not limited to, Bon Appétit Restaurant, Café Alfresco, Café Honeymoon, Café Caladesi, and Advantus. You may not use frames or utilize framing techniques or technology to enclose any Content included on the Websites without the BA Group℠’s express written consent. Further, you may not utilize any Content included on the Websites in any metatags or any other “hidden text” techniques or technologies without the BA Group℠’s express written consent.
7. PURCHASE OF GIFT CARDS FROM WEBSITES
Your purchase, use, or acceptance of a gift card (“Gift Card”) from or through any Website constitutes acceptance of the following terms and conditions, as well as any terms and conditions expressly stated in the Gif Card. The Gift Card is issued by and represents an obligation solely of the individual member entity of the BA Group℠ named on the Gift Card (“Responsible Entity”). Each time you use the Gift Card, the used amount will be deducted from the balance until you’ve used the full balance of the card. You can add to the card balance at any time. Except where required by law, the Gift Card is non-refundable and not redeemable for cash. Additionally, we will not replace the Gift Card if it’s lost or stolen. The Gift Card may be redeemed at the service location of the Responsible Entity. Approval is required to advertise the Gift Card. The Gift Card may not be used to purchase alcohol where prohibited by law. The Gift Card is deemed purchased from and issued in the State of Florida.
For Gift Card balances, activity, and complete terms and conditions call (727) 733-2151.
YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE BA GROUP℠ AND ITS MEMBER ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT ON THE WEBSITES IS NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITES WILL BE SECURE; THAT THE WEBSITES OR A SERVER THAT MAKES ANY PARTICULAR WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT FROM THE WEBSITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BA GROUP℠ OR ITS MEMBER ENTITIES OR THROUGH OR FROM THE WEBSITES SHALL CREATE ANY WARRANTY OF ANY KIND. THE BA GROUP℠ AND ITS MEMBER ENTITIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF CONTENT ON THE WEBSITES IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR OWN RISK AND THAT THE WEBSITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE BA GROUP℠ NOR ITS MEMBER ENTITIES, SUPPLIERS, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE WEBSITES, (B) ANY LINKED WEBSITES YOU ACCESS THROUGH LINKS FROM THE WEBSITES, (C) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, (D) THE DELAY OR INABILITY TO USE THE WEBSITES, (E) ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITES, (F) OUR REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE WEBSITES, OR (G) OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE BA GROUP℠ OR ANY OF ITS MEMBER ENTITIES, SUPPLIERS, OR CONTENT PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER THE BA GROUP℠ NOR ITS MEMBER ENTITIES, SUPPLIERS, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE BA GROUP℠ OR ITS MEMBER ENTITIES IS TO DISCONTINUE YOUR USE OF THE WEBSITES. YOU AND THE BA GROUP℠ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
11. TRADEMARKS, SERVICE MARKS, LOGOS
12. INFRINGEMENT & SAFE HARBOR NOTICE UNDER THE DMCA
The BA Group℠ respects the intellectual property rights of others and requests that you do the same. Therefore, the BA Group℠ has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the Websites who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent in writing as follows:
Bon Appétit Group℠ Copyright Agent
303 Main Street
Dunedin, FL 34698
Phone Number: (727) 446-2200
Email Address: copyrightagent@bonAppétitGroup℠.com
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed and, if applicable, the particular Website at which the copyrighted work is displayed or published, or, if multiple copyrighted works at a single Website are covered by a single notification, a representative list of such works;
3. Identification of Content on the particular Website that is claimed to be infringing (“Infringed Content”) and that is to be removed, and information reasonably sufficient to permit our copyright agent to locate the Infringed Content;
4. Information reasonably sufficient to permit our copyright agent to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. A statement that you or the person on whose behalf you are authorized to act has a good faith belief that use, publication, or display of the Infringed Content on the Website is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The BA Group℠ is under no obligation to post, forward, transmit, distribute or otherwise provide any Content on the Websites, including any material provided to us, and so we have an absolute right to remove any Content from the Websites in our sole discretion at any time.
13. APPLICABLE LAW
14. ENTIRE AGREEMENT, AMENDMENT, & ADMISSIBILITY
15. MISCELLANEOUS PROVISIONS
16. HOW TO CONTACT US
Calling us at: (727) 446-2200
Emailing us at: info@bonAppétitGroup℠.com
Writing to: Bon Appétit Group℠
303 Main Street
Dunedin, FL 34698