www.Green-Table.com Terms

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Last updated on November 4, 2019

By accessing, browsing and/or using www.green-table.com (the “Website”), you acknowledge that you have read, understand, and agree to be bound by these terms (“Terms”) and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use the Website.

Your Use of the Website
The Website contains intellectual property owned by Lunar Eclipse Management, LLC, including our registered trademark. The Website hereby grants you a limited license to use the materials, features, and services provided on the Website (collectively the “Materials”) solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Website are specifically excluded from the Materials. No other use of the Website or Materials is authorized. Framing of the Website or Materials or posting of Materials on other websites is strictly prohibited. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of the Website or any third party.

The following conduct is prohibited through the use of the Website:

· Accessing content or data not intended for you;

· Attempting to probe, scan, or test the vulnerability of the Website or its network, or to breach security or authentication measures;

· Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;

· attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used to provide the Website;

· sending harassing, abusive, or threatening messages;

· sending obscene or pornographic messages or images;

· sending defamatory or libelous messages;

· sending viruses or other harmful, disruptive, or destructive files;

· attempting to steal credit card information;

· sending messages in furtherance of unlawful, criminal, or fraudulent activity;

· attempting to misappropriate or infringe any intellectual property; and

· attempting to conceal or misrepresent the identity of the sender.

We reserve the right to terminate your use of the Website for any reason, immediately and without notice to you, and without liability to you, if we believe that you have violated any of these Terms, furnished us with false or misleading information, or interfered with use of the Website by others.

Privacy Policy

We respect your privacy. Our current Privacy Policy can be found by clicking here www.green-table.com/privacypolicy, and is expressly incorporated into these Terms by this reference. All information (including any personally identifying information) that you provide to us via the Website is subject to our Privacy Policy.

Green Table Guest Wi-Fi

We provide our guests with wi-fi access, subject to our Guest Wi-Fi Terms and Conditions.

Links and Advertisements
Links to third party websites are contained on Website. We make no representations or warranties with respect to any information contained in or at these third party websites and shall not be liable for any damages or injury arising from the content of these other websites.

Warranty Restriction; Limitation of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE.THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR AGAINST INFRINGEMENT. NEITHER LUNAR ECLIPSE MANAGEMENT, LLC, NOR ANY OF ITS OFFICERS, OWNERS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE WEBSITE, EVEN IF THE WEBSITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF $20, OR THE AMOUNT OF YOUR ORDER PLACED THROUGH THE WEBSITE.

Indemnification
You hereby indemnify, defend and hold harmless Lunar Eclipse Management, LLC, its officers, owners, and employees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms. You shall cooperate as fully as reasonably required in defense of any such claim. The Website reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Enforcement
In the event that we determine, in our sole discretion, that you have violated these Terms, we shall have the right to immediately terminate your use of the Website, and/or pursue any other remedies available to it under applicable law.

Arbitration

Except as otherwise provided by applicable law, any and all disputes or claims arising out of or related to your use of the Website, these Terms, the Guest Wi-Fi Terms and Conditions of Use, or the Privacy Policy, and/or their interpretation shall be resolved exclusively by binding arbitration subject to the following parameters: a) the arbitration will be conducted and administered by a single arbitrator in Santa Barbara (or Los Angeles County, if none is available), California; b) administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures; c) the cost of the arbitration, including the fees and expenses of the arbitrator and administrative fees of JAMS, shall be shared equally by the parties; d) the arbitrator will have no authority to award damages other than actual damages, and costs and fees to the prevailing party; e) the arbitrator may not make any ruling, finding or award that does not conform to these Terms; and f) judgment upon the award may be entered in any court having jurisdiction thereof. In all arbitrations, each party will bear its own expenses. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Website must be brought exclusively through arbitration within one (1) year after the accrual of such claim or cause of action, or forever be barred. If any part of this arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the balance of this arbitration clause shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. If the entire arbitration clause is deemed to be invalid or otherwise unenforceable or illegal, the remaining terms of this Agreement shall remain in full force and effect, including the waiver of the right to proceed in a class action. THE PARTIES AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CONSOLIDATED OR CLASS ACTION AND AGREE THAT ALL FORMS OF CLASS ACTION OR CLASS ARBITRATION ARE EXPRESSLY PROHIBITED. THE PARTIES UNDERSTAND THEY WILL NOT HAVE THE RIGHT TO A TRIAL BY A COURT OR A JURY AND THAT THE INFORMATION THAT CAN BE OBTAINED IN DISCOVERY FROM EACH OTHER OR FROM THIRD PERSONS IN ARBITRATION IS GENERALLY MORE LIMITED THAN IN A LAWSUIT. IN ADDITION, OTHER RIGHTS THAT THE PARTIES WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Choice of Law

The laws of the State of California, without reference to any conflicts of laws provisions, shall govern use of the Website, the validity and construction of these Terms, the Guest Wi-Fi Terms and Conditions of Use, and the Privacy Policy, and the interpretation of the rights and duties arising under such. Your use of the Website may be subject to other local, state, national, and international laws. We control and operate the Website from our location in the United States. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with their local laws, which may vary

Updates to Terms
We have the right to revise these Terms at any time by updating this posting. By using the Website, you agree to be bound by any such revisions and should therefore periodically visit this Website to determine the then-current Terms to which you are bound.

Notices

To contact us with any inquiries or complaints, including any regarding these Terms, you may contact us via email at contact@green-table.com, or via mail at: 113 W. De La Guerra St., Santa Barbara, CA 93101.