Terms of Use

The Site
Embers America, LLC (“The Provider”), is pleased to offer to U.S. consumers (“You”) the use of this site, subject to the terms and conditions as described below and applicable laws. THIS SITE IS MADE AVAILABLE TO YOU SOLELY FOR YOUR CONVENIENCE AND DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THIS SITE BY ANY OTHER PARTY.

THIS SITE IS MADE AVAILABLE TO YOU FREE OF CHARGE (HOWEVER, YOU WILL BE RESPONSIBLE FOR ALL CHARGES RELATING TO TELEPHONE OR INTERNET ACCESS NECESSARY FOR CONNECTING TO THE SITE AND THE SERVICES AND RPODUCTS THAT YOU PURCHASE THROUGH THE SITE).

IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION RECEIVED USING THE SITE.

Communications and Privacy
As used in this Agreement, “Your Data” shall include all personal and proprietary information that You provide to the Provider with respect to Your use of the Service. All of Your Data will be treated in accordance with the Provider’s privacy policy. In the event the Provider is compelled to produce by governmental authority or law any of Your Data, You agree that You will reasonably cooperate with the Provider in obtaining and producing Your Data. Embers America, LLC and the Provider may send electronic mail to You and access Your Data solely for purposes relating to Your use of the service.

Restrictions
You agree to use the site properly and for lawful purposes only. You may download and print as many copies of the materials contained in the site as reasonably necessary for Your internal use, provided that all such copies will be subject to the confidentiality and proprietary rights of applicable parties.

You agree that you will not reverse compile, reverse assemble, disassemble or translate any component of the site, distribute or market in any form any information or data on the site, unless such information is otherwise available to You from sources other than the site, or provide the site or any materials on the site to other entities or persons for a fee. You shall be solely responsible for the compatibility of Your equipment, software and/or facilities with the site.

Confidentiality
You agree that, during and after the termination of Your use of the site, all confidential, proprietary and trade secret information (including without limitation technical, business or financial information) disclosed to You by Embers America, LLC or by the Provider shall not be disclosed or disseminated to any third party except for such information that (i) is publicly available without breach of these obligations, (ii) is rightfully obtained by You from third parties that are entitled to possess it without obligation to protect its confidentiality, (iii) is required to be disclosed by law or to regulatory authorities having jurisdiction over the receiving party, or (iv) PBG or the Provider has granted You written permission to disclose. These confidentiality obligations will survive termination of this Agreement and Your use of the site.

Proprietary Rights
You acknowledge that all right, title and interest in and to any components of the site, including but not limited to all software and documentation related to the site, and to any modifications or enhancements of the site or such software and documentation, shall remain with such component’s respective owner. You acquire absolutely no rights or license in or to the site or any material appearing on the site other than the limited right to use the site as described herein. You agree not to violate any owner’s trademark, copyright or other proprietary rights related to the Service.

Embers America, LLC’s, The Restaurant Resource Kitchen, or any other party’s respective logos and other marks or icons identifying Embers America, LLC or The Restaurant Resource Kitchen, or such parties are trademarks of Embers America, LLC, and such parties, and may not be used by You for any purpose without Embers America, LLC’s, or such parties’ prior written authorization.

Limitation of Liability
IN NO EVENT SHALL THE PROVIDER, Embers America, LLC or The Restaurant Resource Kitchen BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, LOST PROFITS, LOST DATA OR DAMAGE TO COMPUTERS), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) ANY FAILURE, DELAY OR DECISION BY THE PROVIDEROR IN ADMINISTERING THE SITE; (III) THE USE OR INABILITY TO USE THE SITE; OR (VI) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA, EVEN IF THE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.