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DON JUAN’S WEB SITE TERMS OF USE
THESE TERMS OF USE SET FORTH THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF DON JUAN'S WEBSITES (THE "WEB SITES"). BY USING THE WEB SITES YOU AGREE TO COMPLY WITH ALL OF THE TERMS OF USE SET FORTH HEREIN. THE RIGHT TO USE THE WEB SITE IS PERSONAL TO YOU AND IS NOT TRANSFERABLE TO ANY OTHER PERSON OR ENTITY.

INTELLECTUAL PROPERTY
CONTENT ON THIS WEB SITE, INCLUDING ART WORK, GRAPHICS, PHOTOGRAPHS, IMAGES, SCREEN SHOTS, TEXT, MUSIC, DIGITALLY DOWNLOADABLE FILES, VIDEO CLIPS, TRADEMARKS (INCLUDING THE DON JUAN’S BRAND), LOGOS, PRODUCT OR RESTAURANT NAMES, SLOGANS, AND ANY COMPILATIONS OF THE FOREGOING IS THE PROPERTY OF DON JUAN’S OR ITS LICENSEES ("WEB SITE CONTENT"), AND IS PROTECTED BY UNITED STATES AND OTHER COPYRIGHT, TRADEMARK, OR OTHER LAWS. YOU AGREE NOT TO COPY, DISTRIBUTE, TRANSMIT OR MODIFY THE WEB SITE CONTENT, WHETHER IN ELECTRONIC OR HARD COPY FORM, WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF DON JUAN’S.

LINKS TO THIRD-PARTY WEB SITE
WE MAY PROVIDE HYPERLINKS TO THIRD-PARTY WEB SITES AS A CONVENIENCE TO USERS OF THE WEB SITE. WE DO NOT CONTROL SUCH THIRD-PARTY WEB SITES AND ARE NOT RESPONSIBLE FOR THE CONTENTS THEIR WEB SITES. WE DO NOT ENDORSE, RECOMMEND OR APPROVE ANY THIRD-PARTY WEB SITE HYPERLINKED FROM THE WEB SITE. YOU UNDERSTAND AND AGREE THAT WE WILL HAVE NO LIABILITY TO ANY ENTITY FOR THE CONTENT OR USE OF THE CONTENT AVAILABLE THROUGH SUCH HYPERLINK.

NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY
THE INFORMATION AND MATERIALS ON THE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN. DON JUAN’S MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL DON JUAN’S BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (1) THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE; (2) THE USE OF OR INABILITY TO USE THE WEB SITE, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE WEB SITE OR DOWNLOADED FROM THE WEB SITE, EVEN IF DON JUAN’S ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED THROUGH THE WEB SITE.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DON JUAN’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEB SITE AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND THE ASSIGNS OF SAME, FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE WEB SITE AND ANY VIOLATION OF THESE TERMS BY YOU.

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