Terms of Use – Gridiron Gastropub
PLEASE READ THESE TERMS OF USE CAREFULLY. YOU AGREE WITH THESE TERMS OF USE BY ACCESSING THIS WEBSITE OR USING THE SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS WEBSITE.
The Gridiron Gastropub website (“Site”) is owned and controlled by HOF Village Concessions II, LLC, a Delaware limited liability company, a wholly owned subsidiary of Hall of Fame Resort & Entertainment Company and its subsidiaries and affiliates (collectively “HOFREco”, “we”, “us”, or “our”). “You” and “your” refer to any person who accesses or uses the website or services. The Gridiron Gastropub website, and any HOFREco website, mobile site or mobile application (“Services”), provides information regarding the services and products offered by us.
The Terms of Use describe the terms and conditions that govern your use of the Services, including services made a part of the Site and any of its web pages and/or mobile applications. The Site is intended for individuals who are at least 13 years old. By accessing the Services, you agree to be bound by these Terms of Use. We reserve the right to modify these Terms of Use without notice and will incorporate changes from time to time.
1. Use of Website and Materials
The information and materials contained within the Site are provided for informational purposes only. The information and services that appear on this Site are subject to change without notice.
You acknowledge that we may disclose and transfer information you provide to its subsidiaries and affiliates, service providers, and to third parties if we have a duty to disclose or are compelled to disclose such information by law.
Unauthorized use of this Site and related systems, including but not limited to, unauthorized entry into our systems, misuse of passwords, posting objectionable or offensive content or your unauthorized use of legally protected third party content, or misuse of any information within this Site is strictly prohibited. You agree that you will not engage in any activities related to the Site that are in contrary to applicable law, regulation, or terms of any agreement you have with us.
2. Privacy
Your use of this Site is subject to all applicable privacy-related policies and notices of HOFREco, including Gridiron Gastropub’s or HOFREco’s privacy notice, which you can access on our website. To the extent permitted by applicable law, by accessing or using our Services, you understand and agree that we may collect and retain personal or other information about you or the device you use to access our Services.
3. Feedback
You agree that all suggestions, comments and feedback that you submit in connection with any of our products and services shall remain our property and we shall be free to use, for any purpose, concepts, ideas for new or improved products or services or techniques contained in information you provide without restriction of any kind. We shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed or required by law.
4. Third Party links
This Site may contain links to websites controlled or offered by third parties. We disclaim liability for any information, materials, products, or services posted or offered at any of the third party websites linked to our Services. Third party links presented are provided for your convenience only. Your participation in any third-party website, is based solely on the agreement, if any, between you and the third-party provider.
5. Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ANY MATERIALS OR SERVICES ON OR PROMOTED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ANY PRODUCTS OR SERVICES PROMOTED ON THE SITE, AND ALL SUCH WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED.
WE, NOR ANYONE ASSCIATED WITH US, REPRESENTS OR WARRANTS THAT THE SITE OR MATERIALS ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF ERROR, ACCURATE, COMPLETE, OR CORRECTED IF DEFECTIVE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT YOU EXPERIENCE ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION THE USE OF THE SITE.
6. Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO THE SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
7. Indemnification
You agree to defend, indemnify, and hold us harmless (and all of its direct and indirect subsidiaries) and each of their respective directors, officers, employees, agents, successors, and assigns from and against all losses, liabilities, damages, claims and expenses, including attorneys' fees, arising out of, relating to, or resulting (directly or indirectly) from your violation of these Terms of Use or misuse of our Services, including such violation or misuses conducted by your employee or agent.
8. Waiver and Severability
Our failure to enforce any provision of these Terms of Use is not a waiver of such provision. If any provision of these Terms of Use is deemed by a court to be unenforceable, any other provision of these Terms of Use shall remain in full force and effect, and the unenforceable provision shall be replaced by such enforceable provision as comes closest to the intention underlying the unenforceable provision
9. Amendments or Modifications
We reserve the right to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time, by posting the amended terms on the Site. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes. These Terms of Use may not otherwise be amended.
10. Governing Law
By accessing this Site, you agree that all matters relating to your use of this Site and any information or materials available through this Site shall be governed by the statutes and laws of the State of Ohio, without regard to any principles of conflicts of laws.
11. Entire Agreement
These Terms of use govern your access to this Site. You may be subject to additional terms and conditions for online and/or mobile account access, as well as terms that govern products and features available to you through additional Sites. In the event of a conflict with these Terms of Use, the terms and conditions governing online and/or mobile account access or products and features will control.
12. Copyright Notices
Content in the pages, in the screens displaying the pages, and in the information, materials, and other content contained within this Site is owned by us unless otherwise indicated and is protected by the United States and international copyright laws and treaties. The information, materials, and other content may not be modified, copied, reproduced, republished, uploaded, downloaded, posted, transmitted, publicly displayed, used to create a derivative work, sold, or otherwise used for public or commercial purposes, without our express prior written consent.
13. Trademark Notices
Names, logos, product and service names, designs, and slogans displayed on this Site may be the service marks or trademarks of their respective owners. You are prohibited from using any such service marks and trademarks without the express prior written consent of the applicable party which may own the intellectual property.