Terms of Use

SIMMS RESTAURANTS WEBSITE TERMS OF USE AGREEMENT
SIMMS RESTAURANTS manages and licenses all of the Tin Roof Bistro, Simmzy’s and Manhattan Beach Post. The SIMMS RESTAURANTS website and its services are subject to the following Terms of Use Agreement (“TOU”). SIMMS RESTAURANTS reserves the right to update the TOU at any time without notice. By using this website, you acknowledge and agree to these limitations as set forth.

DESCRIPTION OF SERVICES
SIMMS RESTAURANTS provides you with access to a variety of resources (“Services”) including general information, message and/or communication facilities, and the online purchase of products, etc. and may include a Registration Only section that can be accessed only by SIMMS RESTAURANTS staff and members. The Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to the TOU.

USE OF CONTENT
Use of SIMMS RESTAURANTS content (documents, whitepapers, graphics, logos, forums, polls, etc.) is for informational and non-commercial or personal use only. You may not modify any content, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, and broadcast in any media or sell any information, products or services obtained from the Services unless expressly permitted by SIMMS RESTAURANTS. Elements of SIMMS RESTAURANTS websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to SIMMS RESTAURANTS is licensed or otherwise published by SIMMS RESTAURANTS with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

LIMITS OF LIABILITY
SIMMS RESTAURANTS makes no warranties or representations of any kind that the services provided by this website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall SIMMS RESTAURANTS, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

With respect to goods or services purchased directly from SIMMS RESTAURANTS through the website, SIMMS RESTAURANTS’s liability, in any case, is expressly limited to replacement of defective goods, or the repayment or crediting to you an amount equal to the purchase price of the goods, if SIMMS RESTAURANTS so chooses.

EXTERNAL LINKS
Links to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by SIMMS RESTAURANTS as a convenience to its users. SIMMS RESTAURANTS is not responsible for the materials contained at any website linked to this site.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SIMMS RESTAURANTS website, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to any Services, computer systems or networks connected to any SIMMS RESTAURANTS server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

USE OF COMMUNICATION SERVICES
The Communication Services may contain events, forms, and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular communication service. By way of example, and not as a limitation, you agree that you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Advertise or offer to sell or buy any goods or services.
Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Communication Services or other user or usage information or any portion thereof.

REFUND POLICY
Gift Cards
Gift Cards can’t be returned.

BILLING POLICIES
Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions (“United States”). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.

Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, and American Express (each of which may be removed by SimmsRestaurants.com in its sole discretion). Unless expressly set forth on the SimmsRestaurants.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT SimmsRestaurants.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify SimmsRestaurants.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If SimmsRestaurants.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by SimmsRestaurants.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. SimmsRestaurants.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and any other states or localities that it deems is required.

Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. SimmsRestaurants.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. SimmsRestaurants.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by SimmsRestaurants.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. SimmsRestaurants.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.

SIMMS RESTAURANTS reserves the right to review materials posted to the Communication Services and to remove any materials at its sole discretion. SIMMS RESTAURANTS reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

Always use caution when giving out any personally identifiable information in any Services. SIMMS RESTAURANTS does not control or endorse the content, messages or information found in any Communication Services and, therefore, SIMMS RESTAURANTS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services.