Terms & Conditions User Agreement
KINDLY READ THE FOLLOWING TERMS AND CONDITIONS CLOSELY BEFORE USING OUR WEBSITE
Restrictions on use.
Material from “www.Pinchmiami.com” or “www.Pinchkitchen.com” and / or any other World Wide Web site owned, operated, licensed, or controlled by Garnish Hospitality Group, Inc., or any of its related, affiliated, or subsidiary companies (together, “Garnish Hospitality Group”) may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Garnish Hospitality Group Inc., EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Garnish Hospitality Group Inc., intellectual property rights. The material in this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Garnish Hospitality Group, Inc.,. Neither title nor intellectual property rights are transferred to you, but remains with Garnish Hospitality Group, Inc., who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
Warranty and Liability Disclaimer.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. GARNISH HOSPITALITY GROUP INC., DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES, RELATING TO THE CONTENT OF THIS WEBSITE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GARNISH HOSPITALITY GROUP INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
GARNISH HOSPITALITY GROUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY GARNISH HOSPITALITY GROUP. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. GARNISH HOSPITALITY GROUP HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
GARNISH HOSPITALITY GROUP IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. GARNISH HOSPITALITY GROUP INC., HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF TERRORISM, SICKNESS OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL GARNISH HOSPITALITY GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF GARNISH HOSPITALITY GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend and indemnify Garnish Hospitality Group Inc., and any of its or their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: (i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of this agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this website.
We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of the our website and/or service at any time and for any or no reason, with or without prior notice, and without liability.
You are not permitted to create a link to the “Pinch Kitchen’ or “Pinch Miami” website without first obtaining prior written consent from ‘Garnish Hospitality Group Inc.,’.
The following trademarks used herein are owned by Garnish Hospitality Group Inc.: “Pinch Kitchen”, “Pinch Miami”. By using this website or booking a reservation through this website, you agree that the internal laws of the State of Florida, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and Garnish Hospitality Group, Inc. You hereby agree that any dispute arising from or relating to the use of this website, restaurant reservations and/or purchasing goods or services made through us may, if not amicably resolved, be resolved only through binding arbitration between you and us under the rules of Judicial Arbitration & Mediation Services (“JAMS”). This arbitration, which shall be conducted in Miami before neutral arbitrators, will result in a decision that shall be final and binding, non-appealable and subject to entry in any court of competent jurisdiction. This arbitration shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited, to this paragraph. We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Garnish Hospitality Group Inc., and its affiliates with respect to your use of this website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Garnish Hospitality Group, Inc. as a result of this agreement or use of this website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Garnish Hospitality Group with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Garnish Hospitality Group with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Modification of These Terms and Conditions.
We reserve the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our website and facilities.