TERMS OF SERVICES

1. Acceptance of Terms and Use –

PLEASE CAREFULLY REVIEW THESE TERMS OF USE FOR THIS WEBSITE.

Hightower, LLC operates and hosts the Website (the “Website”) located at: www.hightowercafe.com, whose servers are located in the United States of America (“USA”) on behalf of the franchisor of the HIGHTOWER.

BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE (“TERMS OF USE”). YOU CONSENT TO RECEIVE REQUIRED NOTICES (IF ANY) AND YOU ATTEST THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE. THESE TERMS OF USE CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT HT’S LIABILITY TO YOU. YOU WARRANT THAT YOU WILL NOT USE THE WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS WEBSITE.

HT may change these Terms of Use at any time in its sole discretion. The modified Terms of Use will be effective immediately upon posting and, by continuing to use the Website, you agree to the new posted Terms of Use. You are responsible for staying informed of any changes. If you do not agree to the new posted Terms of Use, your only remedy is to discontinue use of the Website.

While HT, make reasonable efforts to provide accurate and timely information about the HIGHTOWER Brand on the Website, you should not assume that the information provided is always up to date or that the Website contains all the relevant information available.

2. IP Protocol Addresses and Web Logs

This Website’s web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Website, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use your IP address, and the IP addresses of all users, for purposes such as calculating Website usage levels, helping diagnose problems with the Website’s servers, and administering the Website. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-Personal Information usage of IP Addresses described above we may also record your IP address for fraud prevention purposes.

3. Children & Data Collection

This website is not targeted towards individuals who have not reached their age of majority for your geographical area. The age of which an individual is no longer considered a minor varies from country to country. If you are unsure what the age of majority is for your country, please check with an adult to find out if you may still be considered a minor. HT understands that a minor may still try to contact HT and in so doing may voluntarily provide HT Personal Information. If you are a minor under the age of majority, PLEASE DO NOT submit any Personal Information about yourself on this website WITHOUT GETTING PERMISSION FROM YOUR PARENT(S) OR GUARDIAN(S) FIRST.

Children’s privacy is very important HT. HT , adheres to the United States Children’s Online Privacy Protection Act (“COPPA”), a United States Federal Law. The Federal Trade Commission (“FTC”) has the authority to issue regulations and enforce COPPA, which applies to websites and online services operated for commercial purposes that are directed at, and are collecting Personal Information from children under thirteen (13) years of age. COPPA explains what a website operator must include in their Privacy Statement, what responsibilities a website operator has to protect children’s privacy and safety online, including restrictions on marketing to those under thirteen (13) years of age, it also requires that we inform parents and/or legal guardians how we collect, use, and disclose Personal Information from children under thirteen (13) years of age, as well as, how to obtain verifiable consent from a parent in order for children to use certain features of on a website. HT will not knowingly allow anyone under thirteen (13) years of age to provide us with any Personal Information about themselves (such as their names, email address, and phone number) over the Internet. If a child has provided HT with Personal Information without the consent of a parent, we ask the parent of that child to contact immediately at: info@hightowerdeli.com. HT will use all reasonable efforts to promptly delete the child’s Personal Information from our servers. Please note, that when HT uses the term “parent”, we mean to include legal guardians.

4. Copyrights & Trademarks

Unless otherwise noted, all Materials on the Website are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by HIGHTOWER® and the HIGHTOWER® logo are registered trademarks and service marks owned and registered by HIGHTOWER LLC. HIGHTOWER LLC.’s marks on the Website represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by HIGHTOWER LLC. or its licensees. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of HIGHTOWER LLC. or its licensee’s worldwide proprietary ownership rights, and HIGHTOWER LLC. may own or control other proprietary rights in one or more countries outside of the United States. All rights not expressly granted are reserved.

8. Feedback & Submissions –

Your submissions, feedback and comments (“Submissions”) are entirely voluntary, non-confidential, and gratuitous. You agree you are, and shall remain, solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree that you will not submit anything to the Website that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. HT, appreciates your interest, however, do not want, and cannot accept, any ideas you consider to be proprietary regarding designs, product technology or other suggestions you may have developed. Therefore, you grant to HIGHTOWER LLC. and its designees a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free license to use any ideas, expression of ideas or Submissions without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the Submission, and all rights therein, in the name of the designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant and agree that any and all “moral rights” pertaining to any copyrighted materials have been waived.

By making a Submission, you acknowledge and agree that HIGHTOWER LLC., and their designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by HIGHTOWER LLC., or their designees is similar to your Submission.

By making a Submission, you acknowledge and agree that the HIGHTOWER LLC. and its designees may create on their own or obtain other Submissions that may be similar or identical to the Submission you submit. You hereby waive any and all claims you may have had, may have currently, and/or may have in the future, that any Submission accepted, reviewed and/or used by the HIGHTOWER LLC. or its designees is similar to your Submission.

9. Restrictions on Use

Materials from the Website may not be copied, distributed, modified, republished, reused, uploaded, reposted, transmitted, or otherwise used outside the scope of normal browsing without prior written consent of HT, . Proprietary information remains the sole property of HIGHTOWER LLC. The Materials on the Website are provided for lawful purposes only and any other use or modification of the Materials found on the Website violates the intellectual property rights of HIGHTOWER LLC. HIGHTOWER LLC. retains full and complete title and intellectual property rights to all Materials. You may not reproduce, sell, repost, modify, or convert any Materials on the Website in any manner inconsistent with these Terms of Use.

You agree the following kinds of conduct are illegal and/or prohibited on the Website. Prohibited activities include, but are not limited to, the following: (a) using the Website for any purpose intentionally or unintentionally, in violation of any applicable, local, state, federal, provincial, national, or international laws and/or regulations; (b) posting or transmitting through the Website any information, data, text, files, links, software or other materials that HT, consider to be unlawful, obscene, defamatory, pornographic, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity or that constitutes cyber-harassment or cyber stalking as determined by HT, in its sole discretion; (c) posting content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party; (d) posting URLs to external Websites or any form of HTML or transmitting executable programming of any kind, including viruses, spyware, Trojan horses or similar programs; (e) posting or transmitting anything that may be spam, direct marketing communications or any unsolicited advertising, promotional or commercial content; (f) impersonating another person when using the Website, posting any content or Personal Information or attempting to conceal or misrepresent the identity of the person making the Submission or the origin of any Submission or allowing any other person or entity to use your identification for posting, viewing comments or using the Website; (g) harvesting or otherwise collecting information about others, including e-mail addresses; and (h) encouraging other people to engage in any prohibited activities as described herein. HT, reserves the right to investigate and take appropriate legal action against anyone who, in their sole discretion, engages in any of the prohibited activities.

You agree that HT, reserves the right but are not obligated to do any or all of the following: (a) investigate an allegation that any Submission posted on the Website does not conform to these Terms Of Use and determine in their sole discretion to remove or request the removal of any Submission; (b) remove any Submission which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms of Use; (c) terminate a user’s access to the Website; (d) monitor, edit, or disclose any Submission on the Website; or (e) edit or delete any content posted on the Website, regardless of whether such content violates these Terms of Use.

11. DISCLAIMER

EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO THE PRODUCTS, ALL CONTENTS, MATERIALS, INFORMATION AND SERVICES ON THIS WEBSITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY CONDITIONS OR WARRANTY OF ANY KIND WHATSOEVER EITHER EXPRESSED OR IMPLIED. HT, DO NOT MAKE ANY REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HT, DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS WEBSITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF HT, ARE AWARE OF THEM.

HT cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. HT is an equal opportunity employer. HIGHTOWER® franchises are independently owned and operated and each hire their own employees and establish their own terms and conditions of employment, which may differ from those of HT.

Except as described otherwise, all materials in the Website are made available only to provide information about HIGHTOWER® restaurants. HT controls and operates this Website from its offices in the United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Website from other locations you are responsible for compliance with applicable local laws. Some software from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of ) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.

12. LIMITATION ON LIABILITY

YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE AND YOUR USE OF THE WEBSITES IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HT, AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE) AND THE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS OR AGENTS OF HT, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIAL ON SUCH WEBSITES, OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE.

NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT HT’S LIABILITY IN STATES OR JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HT’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend and hold harmless HT, from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with your violation of these Terms of Use as well any claims arising from any unauthorized uses you may make of the Materials on the Website.

14. Choice of Law & Dispute Resolution

Access to and use of the Website and these Terms of Use are governed by the laws of the State of Connecticut, United States of America, without giving effect to any conflicts of law or choice of laws principles or U.S. Federal Law. Any controversy or claim arising out of or relating to this Website or the breach of the Terms of Use shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association at a hearing to be held in Bridgeport, Connecticut in the United States of America or such other location in the State of Connecticut designated by the American Arbitration Association, and judgment upon an award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The commencement of arbitration proceedings by an aggrieved party to settle disputes arising out of or relating to this Website is a condition precedent to the commencement of legal action by either party. Each party will be responsible for their own costs in conjunction with the arbitration action. If either party commences action in any court prior to an arbitrator’s final decision on the controversy or claim, then the party so commencing the action shall be responsible for all expenses incurred by the parties in the arbitration and the court proceedings whether or not they are the prevailing party. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available. This dispute resolution clause shall not limit HT’s right to seek an injunction from the appropriate court or agency in law or equity for any breach of these Terms of Use.

15. No Assignment

You may not transfer or assign in any way any of your rights or obligations under these Terms of Use. Any such transfer or assignment shall be null and void.

16. Severability

If any provision of these Terms of Use or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms of Use and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.

17. No Waiver

HT’s failure to insist upon or enforce strict compliance with any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

18. Headings

The headings for each of these Terms of Use are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms of Use.

19. Complete Understanding

These Terms of Use, and Privacy Statement located, constitute the entire understanding between HT and you with respect to your use of the Website, including, but not limited to, purchases made from the hightowercafe.com. Online menu and catering orders through toast which you may link to the Website are operated by TOAST. You should review the Terms and Conditions and Privacy Policy on those sites.

20. Contact

If you have any questions regarding privacy , please contact HT:

2 Riverway suit 100
Houston, TX 77056
USA
Telephone Number: (713) 492-2690
Email Address: info@hightowerdeli.com

Where allowed by law, you may also use the above email or postal address to request access to Personal Information held about you by HT. Such requests will be processed in line with local laws, where it is legally permissible to do so. There may be circumstances where HT is unable to provide access, including but not limited to: where the information contains legal privilege, is a security risk, would compromise others’ privacy, or where it is commercially proprietary. You may also ask HT to update Personal Information we hold about you where you believe it is incomplete, inaccurate or out of date.

HT will attempt to resolve any privacy issues in a timely manner.