Terms and Conditions

THESE TERMS OF USE GOVERN YOUR USE OF THIS WEB SITE (THE “SITE”) PROVIDED BY TALK OF THE TOWN RESTAURANTS, INC., A FLORIDA CORPORATION (“TALK OF THE TOWN”). BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY TALK OF THE TOWN AT ANY TIME IN ITS DISCRETION AND ANY CHANGES WILL BE EFFECTIVE IMMEDIATELY UPON POSTING TO THIS SITE. YOUR USE OF THIS SITE AND TRANSACTIONS COMPLETED USING THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

Privacy

Please review our Privacy Policy which also governs your access to and use of the Site.

Access to the Site

To access the Site or to use certain features of the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide will be correct, current, and complete. If you breach any of these Terms of Use, Talk of the Town has the right to refuse you continued access to the Site or any of its resources, and to terminate or suspend your use of the Site at any time. You must immediately notify Talk of the Town if you are made aware of any breach or attempted breach of the security of the Site. The information contained on the Site may not be applicable or appropriate for use outside of the United States. Talk of the Town may change or discontinue any aspect, service or feature of the Site at any time, including, but not limited to, content and equipment needed for access or use. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of the Site and all charges related to the same.

Restrictions on Use of the Site

Talk of the Town grants you a limited license to access and use the Site, in accordance with these Terms of Use. You may not use the Site or its contents for any resale or commercial use. No portion of the Site may be reproduced, copied or otherwise exploited for any commercial purpose. You may not (i) co-brand the Site, or (ii) frame the Site, or (iii) link to the Site, or (iv) cross-compile information from the Site, or (v) re-engineer information from the Site, without the express prior written permission of an authorized representative of Talk of the Town. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with Talk of the Town in causing any unauthorized co-branding, framing or linking to immediately cease.

Intended Users

The Site is intended for use by persons 13 years of age or older. Talk of the Town does not make sales to children under the age of 13, and users under the age of 13 should get the assistance of a parent or guardian before using this Site.

Proprietary Information

The Site is proprietary to Talk of the Town, and as a result, Talk of the Town retains all right, title, and interest in the Site and all text, graphics, logos, icons, images, audio and video materials, digital downloads, and data compilations and all such items are protected by U.S. copyright laws. All software used on this Site is the property of Talk of the Town or its suppliers, and is also protected by U.S. copyright laws. Accordingly, no portion(s) of the Site, nor any content thereon, may be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Talk of the Town. Neither title nor intellectual property rights are transferred to you by your access to or use of the Site. Your only rights with respect to the Site are to use and access it according to these Terms of Use.

Trademarks, service marks and logos (the “Marks”) appearing on the Site are the property of Talk of the Town or the party that provided the Marks to Talk of the Town. Talk of the Town and any other party that provided the Marks retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on the Site. You may not use the Marks without prior written permission.

Payment for Orders

Talk of the Town accepts Visa®, MasterCard® and American Express®. Talk of the Town reserves the right to reject any order you place on the Site.

Gift Cards

Gift cards issued by The Talk of the Town may not be redeemed for any products or services other than those offered by The Talk of the Town at the time of redemption. Gift cards and their issuance and/or use on this Site are subject to these Terms of Use and the Privacy Policy of The Talk of the Town. Gift cards may be redeemed at Charley’s Steak House, FishBones, Johnnie’s Hideaway, MoonFish, Texas Cattle Company or Vito’s Chop House.

All gift cards issued by The Talk of the Town are deemed purchased in and issued from the State of Florida. Each time you use the gift card, Talk of the Town will deduct that amount from the balance until you have used the full balance of the card. Except where required by law, this gift card is not redeemable for cash. Talk of the Town cannot replace the gift card if it is lost or stolen. The risk of loss and title to such items pass to the purchaser upon the electronic transmission to the recipient or deliver to the carrier, as applicable. In the event a gift card is non-functional, your sole remedy shall be the replacement of such gift card by The Talk of the Town.

Links

The Site may contain links to other web sites that are not maintained by, or related to, Talk of the Town. Links to such sites are provided as a convenience to users and are not necessarily sponsored by or affiliated with the Site or Talk of the Town. Talk of the Town has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at your own risk, and Talk of the Town makes no representations or warranties about the content, completeness or accuracy of these links or the sites linked to the Site. The inclusion of any link to a third-party site does not imply endorsement by Talk of the Town of that site.

Communications

By accessing and using the Site, you consent to receive communications from Talk of the Town electronically, and you agree that all agreements, notices, disclaimers, disclosures and other communications that Talk of the Town provides electronically satisfy any legal requirements that such communications be in writing.

Disclaimer

You understand that Talk of the Town cannot and does not guarantee or warrant that the Site will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Talk of the Town does not assume any responsibility or risk for your use of the Internet. Information obtained by using the Site is not exhaustive and may not cover all information relevant to your goals.

YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TALK OF THE TOWN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TALK OF THE TOWN DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TALK OF THE TOWN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE AND THE SEARCH RESULTS DISPLAYED ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TALK OF THE TOWN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT TALK OF THE TOWN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENTS. TALK OF THE TOWN MAKES NO WARRANTIES THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF OTHERS.

THIRD-PARTY LINKS, SERVICES OR RESOURCES AND INFORMATION THAT TALK OF THE TOWN MAKES AVAILABLE THROUGH THE SITE ARE NOT CONTROLLED BY TALK OF THE TOWN. ACCORDINGLY, TALK OF THE TOWN MAKES NO WARRANTIES REGARDING SUCH THIRD-PARTY SERVICES, RESOURCES AND INFORMATION, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OR RELIANCE ON SUCH THIRD-PARTY SERVICES, RESOURCES OR INFORMATION.

Limitation On Liability

TALK OF THE TOWN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, ATTORNEYS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE EVEN IF TALK OF THE TOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TALK OF THE TOWN, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, ATTORNEYS, AND DIRECTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE YOU ACKNOWLEDGE AND AGREE TO TALK OF THE TOWN’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE.

Indemnity

You will indemnify and hold Talk of the Town, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, owners, officers, directors, attorneys, and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Site other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Site or its content.

Submissions

Any comments, content, remarks, suggestions, ideas, graphics, or other information communicated to Talk of the Town through the Site (collectively, the “Submission”) shall become the property of Talk of the Town. You hereby grant to Talk of the Town the royalty-free, perpetual, irrevocable, worldwide, non exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Submission, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Talk of the Town will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations of Talk of the Town. You should not send through the Site any comments, ideas or materials that you do not wish to be assigned to Talk of the Town.

Security

You are prohibited from using the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. Talk of the Town reserves the right to investigate suspected violations of these Terms of Use.

Talk of the Town reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Talk of the Town to disclose the identity of anyone posting, publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS TALK OF THE TOWN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TALK OF THE TOWN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER TALK OF THE TOWN OR LAW ENFORCEMENT AUTHORITIES.

Information You Provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

you do not have the right to post, including proprietary material of any third party;
advocates illegal activity or discusses an intent to commit an illegal act;
is vulgar, obscene, pornographic, or indecent;
does not pertain directly to this site;
threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
violates any law or may be considered to violate any law;
impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
solicits funds, advertisers or sponsors;
includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
amounts to a ‘pyramid’ or similar scheme;
disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site;
contains links to other sites that contain content that falls within the descriptions set forth above.

The Talk of the Town reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither The Talk of the Town nor any third party that provides Content to The Talk of the Town will assume or have any liability for any action or inaction by The Talk of the Town or such third party with respect to any submission. The Talk of the Town reserves the right to periodically purge any information or content you provide, without any notice.

Termination

In its sole and absolute discretion, with or without notice to you, Talk of the Town may suspend or terminate your use the Site.

Miscellaneous

These Terms of Use will be governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of Florida in connection with any dispute between you and Talk of the Town arising out of these Terms of Use or pertaining to the subject matter hereof. The parties to these Terms of Use each agree that in the event of any dispute, claim, question or disagreement arising from or relating to these Terms of Use or the breach thereof, the parties hereto shall use commercially reasonable efforts to settle the dispute, claim, question or disagreement. In the event any dispute is not resolved, such dispute shall be adjudicated in any court located in the County of Orange, State of Florida, United States of America. If any part of these Terms of Use is determined to be unlawful, void or unenforceable, that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Talk of the Town relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Talk of the Town may revise these Terms of Use at any time by updating this posting.

Note that this Privacy Policy applies to Talk of the Town and does not apply to third-parties that may be accessible through the Site. Talk of the Town encourages you to read the privacy policies of those other sites to learn how they collect, use, share and secure your information.

COLLECTION OF INFORMATION

Purpose

The information Talk of the Town learns from users of the Site allows Talk of the Town to personalize and continually improve your experience with the Site. The following describes the types of information Talk of the Town gathers from users of the Site:

User Supplied Information. Talk of the Town receives and stores any information you enter on the Site. The following is a list of the types of Information that may be collected by Talk of the Town: property search criteria, contact information, and searching, and navigation patterns. This list is not exclusive, and Talk of the Town may alter it without notice.
Automatic Information. When you interact with Talk of the Town through the Site, Talk of the Town receives and stores certain types of information in the form of “cookies,” or small storage files that transmit your electronic identity to the Web sites that you visit. Like most Web sites, the Site use cookies to be able to identify you as a return visitor to the Site. Web browsers have the ability to accept cookies, reject cookies, or to prompt the user before accepting them. The help portion of the toolbar of your browser will tell you how to select the option that suits you best. Talk of the Town receives and stores certain types of information whenever you interact with Talk of the Town. Some examples of the information Talk of the Town may collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information, such as browser type and version, operating system, and platform; the full Uniform Resource Locator (URL) clickstream to, through, and from the Site, including date and time; cookie number; and pages viewed or searched. Talk of the Town may use software tools such as JavaScript to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling and clicks), and methods used to browse on the Site.
Information from Other Sources. From time to time, Talk of the Town may receive information about you from other sources and add it to your Talk of the Town account information.
Right to Refrain from Giving Information. You have right to refrain from giving Talk of the Town certain information, but you may not be able to take full advantage of the Site in such case. Talk of the Town uses the information that you provide to enhance the Site, such as responding to your requests, customizing future content for you, improving our Web offerings, and communicating with you.

SHARING OF INFORMATION

General. The information collected by Talk of the Town about customers is critical to our business. Talk of the Town respects and values this information, and does not want to jeopardize the flow of information between our customers and the Site. Talk of the Town is not in the business of selling customer information to other Web sites or businesses. There are very limited circumstances where Talk of the Town may share some customer information, and these situations are described below. Talk of the Town shares customer information only as described below and with its subsidiaries or affiliates that either are subject to this Privacy Policy or follow practices at least as protective as those described in this Privacy Policy. Note, again, that third party websites using or allowing access to the Site may have privacy policies that differ from the policy described here.

Agents. It may be necessary for Talk of the Town to employ other companies and individuals to perform functions on its behalf. Agents are often used to assist with sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. These agents have access to only the personal information needed to perform their functions, and may not use it for other purposes.

Protection of Talk of the Town and Others. It may be necessary to release account and other personal information if Talk of the Town is compelled to cooperate or comply with laws; enforce or apply the Terms of Use and other related agreements; or protect the rights, property, or safety of Talk of the Town, its customers or vendors, or others. This includes exchanging information with other companies and organizations for fraud protection. Under no circumstances, however, does this include selling, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Policy.

With Your Consent. Other than as set out above, you will receive notice from Talk of the Town when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

USER CHOICES WITH REGARD TO ACCESS OF INFORMATION

General. You always have the right to decline to provide any information to Talk of the Town on the Site; however, this may have an impact on your use of the Site and the ability to take advantage of certain unique features of the Site.

Prior Information. When you update information on the Site, Talk of the Town may keep a copy of the prior version for historical records.

Customer Communication. If you do not want to receive e-mail or other mail from Talk of the Town, please adjust your account setting regarding e-mail contact preferences. (You cannot waive the applicability of the Terms of Use and other legal notices, such as this Privacy Policy, and if you elect not to receive those notices, they will still govern your use of the Site. It is your responsibility to review the notices for changes.)

CHILDREN

Talk of the Town does not direct its Site to children under the age of 13 and does not offer product for purchase by children under the age of 13. If you are under the age of 13, you may use the Site only with the involvement and supervision of a parent or guardian.

CONDITIONS OF USE, NOTICES, AND REVISIONS

Acceptance of Conditions of Use. By using the Site, you accept that your visit and any dispute over privacy is subject to this Privacy Policy and the Terms of Use, including limitations on damages, arbitration of disputes, and application of the law of the State of Florida, USA. If you have any concern about privacy on the Site, please send Talk of the Town a thorough description at Talk of the Town Restaurant Group, ATTN: IT Department, 1260 Central Florida Parkway, Orlando, FL, 32837, and every attempt will be made to try to resolve your concern.

Revisions. Talk of the Town reserves the right to periodically revise this Privacy Policy and the Terms of Use. You should check the Site frequently to see recent changes.

Applicability. Unless stated otherwise, this Privacy Policy applies to all information that Talk of the Town has about you and your account.