Batali & Bastianich Hospitality Group (“B&B Hospitality Group”, “we” or “us”) owns, operates and provides the B&H Hospitality Group main corporate website at www.bandbhg.comand the websites of each of the family of restaurants and merchants that are a part of the B&B Hospitality Group found at:
and www.tarrymarket.bandbgroup.wpengine.com(each a “B&B Website”).
B&B Websites enable you to view products and/or services provided by B&B Hospitality Group and/or certain B&B Affiliated Restaurants & Merchants, enable you to register to receive information from B&B Hospitality Group and/or certain B&B Affiliated Restaurants & Merchants regarding our products and services, enable you to place food orders and/or enable you to make requests for private dining reservations.
Note that menu items/products/wines shown on any B&B Website are representative only and may change based on availability. Neither B&G Hospitality Group nor any B&B Affiliated Restaurants & Merchants are responsible if menu items/products/wines are not available at any particular time.
B&B Websites are not Intended for Children
B&B Websites are intended to be used by adults only, and are not intended to be used by children. No one under the age of eighteen (18) may register on or purchase items through a B&B Website, and by registering for and using a B&B Website, you are certifying that you are not under eighteen (18) years of age. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).
Because the Internet is an evolving medium, from time to time we will change, or make improvements to the products, services, and features included on one or more of B&B Website. Such changes and/or improvements shall be made without notice to you.
You must not use a B&B Website: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to a B&B Website, or disobey any requirements, procedures, policies or regulations of networks connected to a B&B Website.
Permission is hereby granted to the extent necessary to lawfully access and use each of the B&B Websites and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the B&B Website on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
B&B Hospitality Group neither warrants nor represents that use of content displayed on A B&B Website will not infringe rights of third parties not owned by or affiliated with B&B Hospitality Group.
Unless otherwise indicated, a B&B Website and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to a B&B Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of B&B Hospitality Group or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
You acknowledge that B&B Hospitality Group owns all right, title and interest in and to all of the information on each B&B Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the B&B Websites constitute trademarks, tradenames, service marks or logos (“Marks”) of B&B Hospitality Group or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Linking to a B&B Website
You may link to the homepage of a B&B Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
B&B Hospitality Group’s Contact Information
B&B Hospitality Group 45 E. 20th Street, 8th Floor
New York, NY 10003
Attention: David Gruber
By telephone: (212) 397-2471
By email: email@example.com
Limitation of Liability and Disclaimer of Warranties
When using a B&B Website, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of a B&B Website.
YOU EXPRESSLY AGREE THAT USE OF A B&B WEBSITE IS AT YOUR SOLE RISK. ACCESS TO ANY B&B WEBSITE, A B&B WEBSITE, AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. B&B Hospitality Group, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO A B&B WEBSITE OR THE PRODUCTS SOLD THEREBY OR WITH RESPECT TO ANY WEBSITE TO WHICH A B&B WEBSITE IS LINKED. B&B Hospitality Group MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF ANY B&B WEBSITE, (ii) THE QUALITY AND SECURITY OF ANY B&B WEBSITE, OR (iii) THE INABILITY TO ACCESS ANY B&B WEBSITE OR ITS CONTENT, INCLUDING WHETHER A B&B WEBSITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF ANY B&B WEBSITE. WHEN USING A B&B WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF B&B Hospitality Group. ACCORDINGLY, B&B Hospitality Group ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF ANY B&B WEBSITE, AND YOU (AND NOT B&B Hospitality Group) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
Limitation of Damages and Remedies
B&B Hospitality Group is based in the State of New York in the United States of America and makes no claims that any B&B Website is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. B&B Hospitality Group makes no representation that the B&B Website is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the B&B Website is prohibited from jurisdictions where the B&B Website, or its content, is illegal. Those who choose to access the B&B Website do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S., or any other country’s, export laws and regulations. Access to the B&B Website may not be legal by certain persons in certain countries. If you access the B&B Website from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Reservation of Rights
B&B Hospitality Group reserves all rights not expressly granted to you herein.
Jurisdiction and Choice of Law
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with B&B Hospitality Group, including without limitation any claim involving B&B Hospitality Group or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the State of New York, including, without limitation, the United States District Court for the Southern District of New York, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
Severability and Non-Waiver