TERMS OF USE

Ownership of Site; Agreement to Terms of Use of Site

These Terms and Conditions of Use (the “Terms of Use”) apply to Niko Nikos web site located at www.nikonikos.com, and all associated sites linked www.nikonikos.com, by Niko Nikos, its subsidiaries and affiliates (collectively, the “Site”). The Site and all trademarks listed thereon are the property of Niko Nikos Restaurants, LLC.

Niko Nikos reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. Accordingly you should check these Terms of Use periodically for changes. Your use of this Site and continued use following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Niko Nikos grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, dress and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Niko Nikos, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without Niko Nikos’ express prior written consent.

You may use information on Niko Nikos products and services (such as menus, articles, and similar materials) purposely made available by Niko Nikos for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site / Submissions

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Niko Nikos’s systems or networks, or any systems or networks connected to the Site or to Niko Nikos. You agree not to introduce harmful code or virus or otherwise tamper with, impair or damage the Site or interfere with the proper working of the Site or any other user’s ability to use the Site. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Niko Nikos or others.

Niko Nikos wants feedback from guests and welcomes their comments regarding Niko Nikos ‘ products and services. However, Niko Nikos cannot accept or consider ideas, suggestions, proposals, materials including but not limited to recipes, creative artwork or ideas for advertising, promotions, menu or other product offerings other than those Niko Nikos has specifically requested. Niko Nikos hopes members will understand that this policy is intended to help Niko Nikos avoid future misunderstandings when new products, services and features developed internally by Niko Nikos employees might be similar or even identical to your idea.

If you send us an unsolicited suggestion, idea, proposal or other material (“Submission”), you will be agreeing and warranting, and Niko Nikos will consider the Submission to be, non-confidential and non-proprietary. Niko Nikos shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Niko Nikos shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. Niko Nikos’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Niko Nikos may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Niko Nikos makes no commitment to update the materials on the Site with respect to such products and services.

Third Party Links

Some links on this Site will redirect you to third party sites. These sites are not managed or controlled by Niko Nikos and you access them at your own risk. The appearance of a link on this Site does not constitute an endorsement, and Niko Nikos is not responsible for the content found on any linked site.

Privacy

Niko Nikos Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Niko Nikos Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if we note that we attempt to protect that information by encryption or other means.

Disclaimers/Limitations of Liability/Indemnity

Niko Nikos DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. Niko Nikos CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. Niko Nikos DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Niko Nikos DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY Niko Nikos SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTIES. YOUR SOLE REMEDY AGAINST Niko Nikos FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. In regards to this Site or any portion of this Site, Niko Nikos reserves the right modify, suspend or terminate operations; to make any modifications or changes including without limitation changes to any applicable policies or terms; and to interrupt the operations as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Except where prohibited by law, in no event will Niko Nikos be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Niko Nikos has been advised of the possibility of such damages. Unless prohibited by law, if Niko Nikos is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Niko Nikos liability shall in no event exceed the greater of (a) the price you have paid to use this site or (b) $100.00.

You agree to indemnify and hold Niko Nikos, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Niko Nikos by any third party due to or arising out of or in connection with your use of the Site.

Miscellaneous

Any provision of these Terms of Service shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions. Failure or delay by Niko Nikos to exercise any rights , actions or remedies afforded to Niko Nikos hereunder shall not constitute a waiver thereof and Niko Nikos intends to preserve all such rights and remedies. These Terms of Service and the policies referenced in these Terms of Service constitute the entire agreement between you and Niko Nikos regarding this Site. No modification or waiver by Niko Nikos of any provision shall be deemed to have been made unless made in writing. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Niko Nikos reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws