These Site Terms and Conditions (the "Terms") is a legally binding agreement made by and between
Guy's Spot Caribbean Restaurant (hereinafter, “GuySpot”) and you, personally and, if applicable, on behalf
of the entity for whom you are using this website or any of its services (collectively, "you"). These
Terms govern your use of GuySpot's website (hereinafter the “Site”)
and GuySpot's services so please read the following carefully. By accessing or using any part of the Site,
you agree that you have read, understand, and agree to be bound by these Terms. If you do not agree to be
so bound, please do not access or use the Site. These Terms address your legal rights and obligations and
include important disclaimers.
The Site is run by GuySpot, a privately held business. You agree that these Terms and your use of the Site and the materials and content produced by GuySpot shall be governed by the laws at the local jurisdiction of the state of New York. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in aforementioned local jurisdiction in all disputes:(1) Arising out of, relating to, or concerning the Site, GuySpot, and/or these Terms; (2) Where the Site, GuySpot, and/or these Terms is an issue or a material fact; (3) Where the Site, GuySpot, and/or these Terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. GuySpot has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials and/or content on the Site or produced by GuySpot are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk and, if any part of these Terms is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall govern such use.
Your use of and browsing of the Site is at your own risk. GuySpot does not warrant that the software used for the Site, and the information, material, and content on it, or any other services and materials provided by means of the Site or by GuySpot are error-free, or that their use will be uninterrupted. GuySpot expressly disclaims all warranties related to the above-mentioned subject matter, including, without limitation, those of accuracy, condition, merchantability and fitness for particular purpose. Notwithstanding anything to the contrary on the Site, in no event shall GuySpot be liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with the Site or out of the use of any of the services proposed by means of the Site.
GuySpot make no representations or guarantees about any aspect of the content on the Site and does not endorse any opinions expressed by any users. ALL CONTENT IS POSTED "AS IS" AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT, ADVICE OR OPINION DISPLAYED IN THE SITE.
GuySpot and its authors make no representations as to the accuracy, completeness, currentness, suitability, or validity of any information, material, or content on the Site.
THE MATERIAL AND CONTENT POSTED ON THE SITE AND ANY CONTENT PRODUCED BY OR PUBLISHED THROUGH GuySpot ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL GuySpot BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF GuySpot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GuySpot, ITS AFFILIATES AND/OR PAYMENT PROCESSING VENDORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITE.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential and or incidental damages, the above limitation may not apply to you. Furthermore, GuySpot does not warrant the accuracy or completeness of information of links or other items contained within these materials that have been provided by third parties.
Trademarks and other rights
All trademarks, logos, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited by GuySpot and its authors are the property of their respective owners. The use of any trademark in our materials does not vest in the author or GuySpot any trademark ownership rights in such trademarks, nor does the use of such trademarks imply any affiliation with or endorsement of GuySpot and its authors by such owners. As such, GuySpot cannot grant any rights to use any otherwise protected materials. Your use of any such or similar incorporeal property is at your own risk. Content which in GuySpot's reasonable opinion are believed to constitute trademarks may or may not have been labeled as such. However, neither the presence nor absence of such labels should be regarded as affecting the legal status of any trademarks. If you, or your organization/company, sign up for a company membership with GuySpot we will use your logo - for example - on your company-specific sign-up page or on public pages where we list examples of companies that have taken up company memberships with us. By agreeing to these Terms, You allow the GuySpot to use your logo on the Site. Some companies are very particular about the usage of their logo and it you would like the GuySpot to NOT use your logo, simply tell us by writing an email to email@example.com (subject: "Takedown Request") and we will remove your logo on the next Site update.
Third Party Websites
GuySpot is not responsible for the content or practices of any other website. By using the Site, you acknowledge and agree that GuySpot is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Email communication: Confidential and proprietary information notice
Email messages sent from members of GuySpot, including emails generated from the use of the Site, are proprietary to GuySpot, and are intended solely for the use of the individual to whom they are addressed. Such messages may contain privileged or confidential information and should not be circulated or used for any purpose other than for what they are intended. If you receive a message from a member of GuySpot in error, please notify the sender immediately. If you are not the intended recipient, you are hereby notified that you are strictly prohibited from using, copying, altering, or disclosing the contents of the message. GuySpot accepts no responsibility for loss or damage arising from the use of the information transmitted by email message including damage from virus.
You may not use or allow others to use your username and GuySpot email address to e-mail, instant message, voice mail, fax, chat, send 'spam' (e-mail) and 'spim' (instant messages), or send any other unsolicited bulk communication to users of the Site or anyone else. You may not access the Site to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on the Site. Any violation of these provisions may result in immediate suspension or termination of your membership.
Please make sure that you understand that some or all of the information provided by GuySpot is being provided freely, and that no kind of agreement or contract is created between you and the owners, partners, users, or authors of this site, the owners of the servers upon which it is housed, the individual contributors of the GuySpot, any project administrators, sysops or anyone else who is in any way connected with this project. If you choose to use or copy anything from this site it does not create or imply any contractual or extra-contractual liability on the part of GuySpot or any of its members, partners, sponsors, affiliates, contributors or other users. Your use of any such or similar incorporeal property is at your own risk.
If a court of law finds that any provision of these Terms is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
GuySpot will have the right to terminate your access to the Site if it reasonably believes you have breached any of the terms and conditions of these Terms. Following termination, you will not be permitted to use the Site. If your access to the Site is terminated, GuySpot reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Site, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider. These Terms will survive indefinitely unless and until GuySpot chooses to terminate them, regardless of whether any account you open is terminated by you or GuySpot or if you have the right to access or use the Site..
Force Majeure, website downtime, and service outages
GuySpot will not be liable for failing to perform under these Terms because of any event beyond its reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to GuySpot to perform, fire, terrorism, natural disaster, or war.
Billing, Payments, Refunds, Cancellation
Billing. By providing your payment method (e.g. Credit Card, PayPal account, or other payment methods introduced in the future), you hereby authorize GuySpot to charge and process payment for products and any other charges you may incur in connection with your use of GuySpot's services. In other words, you authorize the GuySpot to initiate payment collection without further consent from you until you cancel (see below for information on cancellation). GuySpot hereby reserves the right to adjust pricing for its products and services or any components thereof in any manner and at any time, as determined in GuySpot's sole and final decision. Except as otherwise expressly provided for in these Terms, any price changes to your membership will enter into force without notice to you. Your payment for products and services will be procesed as soon as your order is approved and confirmed as GuySpot deems appropriate. Payments. Online payments for services offered through the Site are done by Paypal and other payment processing service providers, collectively referred to as “Payment Gateways”. All Payment Gateways are external, third party payment processing vendors and their payment services and other services are subject to their respective Terms and Conditions. GuySpot hereby reserves the right to offer further Payment Gateways, which will be governed and subject to the respective terms and conditions of such third party payment processing vendors. GuySpot does NOT directly or indirectly, receive, retain, store or use your credit card information. Your credit card data constitutes sensible personal information which will be processed by third parties not directly related to GuySpot. If a payment is not successfully charged, due to credit card expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account, you shall remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be available and/or updated. For certain payment methods, the issuer of your credit card or other payment method may charge you transaction fees or other charges. GuySpot is not responsible for such fees or charges. Please revise your payment method service provider for details. Refunds. GuySpot currently offers under very strict guidelines unless there is a material and documented issue (like fraudulent or mischievous behaviour by you). Such material and documented issue shall be jointly considered between you and GuySpot, and you accept that GuySpot decision will be final, at its sole and absolute discretion. All other payments made to GuySpot are, as a general rule, not refundable. However, GuySpot may provide you a refund or other consideration, with the amount and form - and the decision to provide it - at its sole and absolute discretion. Any effectuated refund does not entitle you to further refunds or other considerations in the future for similar instances, nor does it obligate GuySpot to provide them in the future, under any circumstance. Cancellation. You may cancel your order seventy two hours (72) prior to delivery of your order by calling AND confirming via email. Cancellation fees DO APPLY and you may be subject to no refund at all and possible additional charges in GuySpot's sole discretion.
Taxes and fees
Our food prices DO NOT include taxes, Credit Card processing fees, administrative fees and related expenses when applicable. Such taxes and fees are itemized accordingly in determining the total amount due and payable.
Changes to the Site
GuySpot may, in its sole discretion, change, modify, suspend, make improvements to, or discontinue any aspect, functionality, content or service of the Site, temporarily or permanently, at any time without notice to you, and GuySpot will not be liable for doing so.
These Terms contain the entire understanding between you and GuySpot regarding the use of the Site and the services of GuySpot, and supersedes all prior and contemporaneous agreements and understandings between you and GuySpot relating thereto. These Terms will be binding upon each party hereto and its successors and permitted assigns. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without the prior written consent of GuySpot. No failure or delay by a party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. You and GuySpot are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.