Terms of Use

The Rustic Canyon Family of Restaurants is a portfolio of affiliated restaurants that own, operate and provide websites including www.rusticcanyonfamily.com, www.rusticcanyonrestaurant.com, www.huckleberrycafe.com, www.sweetrosecreamery.com, www.miloandolive.com, www.cassiala.com, www.esterswineshop.com, www.tallulasrestaurant.com, www.birdiegsla.com and www.thedutchessojai.com (“Affiliated Websites”)

These Terms of Use (“Terms of Use”) apply to the Affiliated Websites. The terms “you” and “your” when used in the Terms of Use means any visitor to or user of any of the Affiliated Websites.

THESE TERMS OF USE ARE EFFECTIVE AS OF: December 2021

Thank you for visiting the Affiliated Websites. Subject to these Terms of Use, the Affiliated Websites provide information about one or more of the affiliated restaurants, which includes Rustic Canyon, Huckleberry, Sweet Rose Creamery, Milo & Olive, Cassia, Esters, Tallula’s, Birdie G’s and The Dutchess (“Affiliated Restaurants”).

The Affiliated Websites enable you to view products and/or services provided by the Affiliated Restaurants, enable you to register to receive information from certain Affiliated Restaurants regarding our products and services, enable you to place food orders and/or enable you to make requests for private dining reservations.

Note that menu items/products/wines shown on any of the Affiliated Websites are representative only and may change based on availability. The Affiliated Restaurants are not responsible if menu items/products/wines are not available at any particular time.

Links to third party websites provided on certain Affiliated Websites allow you to (i) make reservations at the Affiliated Restaurants and (ii) purchase gift cards and/or products or services offered by the Affiliated Restaurants. When you attempt to make a reservation through any of the Affiliated Websites, you will be directed to a website operated by a third party, Resy, Inc. (“Resy”). In processing your reservations, you will be asked to provide certain personal information as further described in the Privacy Policy and the terms of the “Resy Privacy Policy” found at: https://resy.com/privacy.

Access to and use of the Affiliated Websites and the information, materials, products and services available through the Affiliated Websites are subject to all applicable laws and regulations and these Terms of Use, along with our Privacy Policy, located on the home page of the each of the Affiliated Websites (“Privacy Policy”), set forth the legally binding terms related to your access and use of the Affiliated Websites.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR BROWSING THE AFFILIATED WEBSITES, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT. IF YOU DO NOT AGREE TO ANY OR ALL OF THE PROVISIONS FOUND IN THE TERMS OF USE, PLEASE IMMEDIATELY EXIT AND MAKE NO FURTHER USE OF THE AFFILIATED WEBSITES. WE RESERVE THE RIGHT TO TERMINATE YOUR USE OR ACCESS TO ANY OR ALL OF THE AFFILIATED WEBSITES OR SERVICES AT ANY TIME FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, IF WE LEARN THAT YOU HAVE PROVIDED FALSE OR MISLEADING INFORMATION OR HAVE VIOLATED THE TERMS OF USE.

Our Websites are not Intended for Children

The Affiliated Websites are intended to be used by adults only, and are not intended to be used by children. No one under the age of eighteen (18) may register on or purchase items through the Affiliated Websites, and by registering for and using any of the Affiliated Websites, you are certifying that you are not under eighteen (18) years of age. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).

Changes to the Affiliated Websites and Terms of Use

Because the Internet is an evolving medium, from time to time we will change, or make improvements to the products, services, and features included on the Affiliated Websites. Such changes and/or improvements shall be made without notice to you.

From time to time, we also will change the Terms of Use or impose new conditions on the use of the Affiliated Websites, in which case we will post the revised Terms of Use on the Affiliated Websites. A revised form of the Terms of Use will be effective immediately upon its posting on the Affiliated Websites. You are responsible for reviewing the most current version of the Terms of Use before using the Affiliated Websites to ensure that you agree to any revisions to the Terms of Use. If at any time you do not agree to the revisions we make to the Terms of Use or any of the Affiliated Websites, you should immediately stop accessing or using the Affiliated Websites in any manner whatsoever. By continuing to use the Affiliated Websites after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to the Terms of Use and to the Affiliated Websites are reasonable.

Privacy Policy

When requesting certain information, products or services via the Affiliated Websites, you will be asked to provide certain personal information. All uses of your personal information will be treated in accordance with our Privacy Policy, which is hereby incorporated by reference. If you use any of the Affiliated Websites, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of all Affiliated Websites.

Your Responsibility

You must not use any of the Affiliated Websites: (a) to violate any local, state, national or international law; or (b) to interfere with or disrupt the servers or networks connected to the Affiliated Websites , or disobey any requirements, procedures, policies or regulations of networks connected to the Affiliated Websites.

Except as permitted pursuant to the Terms of Use, neither the Affiliated Websites, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use each of the Affiliated Websites and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Affiliated Websites on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.

We neither warrant nor represent that use of content displayed on any of the Affiliated Websites will not infringe rights of third parties not owned by or affiliated with the Affiliated Restaurants.

You must not display, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Affiliated Websites. Without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to any of the Affiliated Websites for any purpose except as described in the Terms of Use; or (d) frame any of the Affiliated Websites, place pop-up windows over any pages, or otherwise affect the display of any of the Affiliated Websites.

Intellectual Property

Unless otherwise indicated, the Affiliated Websites and the design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Affiliated Websites are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) laws, including without limitation those of the United States, and all rights therein are the property of the Affiliated Restaurants or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

You acknowledge that the Affiliated Restaurants own all right, title and interest in and to all of the information on each of the respective Affiliated Websites, and all underlying software and technology, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

TRADEMARKS.
Certain of the names, logos, and other materials displayed on the Affiliated Websites constitute trademarks, tradenames, service marks or logos (“Marks”) of the Affiliated Restaurants or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those Affiliate Restaurants or other entities.

COPYRIGHTS; RESTRICTIONS ON USE.
The content made available to you through the Affiliated Websites, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (1) copyrighted by each of the respective Affiliated Restaurants and/or its licensors under United States and international copyright laws; (2) subject to other intellectual property and proprietary rights and laws; and (3) owned by each of the respective Affiliated Restaurants or its licensors. Except as permitted in the Terms of Use, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.

Linking to the Affiliated Websites

You may link to the homepage of any of the Affiliated Websites provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Subject to the foregoing, you must not: cause any of the Affiliated Websites or portions of the Affiliated Websites to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Affiliated Websites other than the respective homepage; otherwise take any action with respect to the materials on the Affiliated Websites that is inconsistent with any other provision of these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Rustic Canyon Contact Information

If you have any questions regarding these Terms of Use or any other matter, you can contact us as follows:

By mail:
Rustic Canyon Family
826 Pico Blvd, Santa Monica, CA 90405

ATTN: Controller

By email: info@rcrestaurants.com

Limitation of Liability and Disclaimer of WarrantieS

When using any of the Affiliated Websites, information will be accessed by you over a medium that is beyond our control. As a result, we do not assume any liability for, or relating to, the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Affiliated Websites.

YOU EXPRESSLY AGREE THAT USE OF THE AFFILIATED WEBSITES IS AT YOUR SOLE RISK. ACCESS TO THE AFFILIATED WEBSITES, AND EACH WEBSITES’ CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE AFFILIATED RESTAURANTS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE AFFILIATED WEBSITES OR THE PRODUCTS SOLD THEREBY OR WITH RESPECT TO ANY WEBSITE TO WHICH THE AFFILIATED WEBSITES IS LINKED. THE AFFILIATED RESTAURANTS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE AFFILIATED WEBSITES, (ii) THE QUALITY AND SECURITY OF THE AFFILIATED WEBSITES, OR (iii) THE INABILITY TO ACCESS THE AFFILIATED WEBSITES OR EACH WEBSITES’ CONTENT, INCLUDING WHETHER THE AFFILIATED WEBSITES WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE AFFILIATED WEBSITES. WHEN USING THE AFFILIATED WEBSITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF THE AFFILIATED RESTAURANTS. ACCORDINGLY, THE AFFILIATED RESTAURANTS ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE AFFILIATED WEBSITES, AND YOU (AND NOT THE AFFILIATED RESTAURANTS) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.

These Terms of Use give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations & exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.

Limitation of Damages and Remedies

YOU AGREE THAT THE AFFILIATED RESTAURANTS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM THE AFFILIATED WEBSITES. YOU FURTHER AGREE THAT AFFILIATED RESTAURANTS SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING ANY OF THE AFFILIATED WEBSITES. IN NO EVENT WILL THE AFFILIATED RESTAURANTS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY DAMAGES OR LOST PROFITS ARISING OUT OF THE USE OR INABILITY TO USE THE AFFILIATED WEBSITES , EVEN IF THE AFFILIATED RESTAURANTS, THEIR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AFFILIATED RESTAURANTS CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE AFFILIATED WEBSITES OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH THE AFFILIATED WEBSITES, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY OF THE AFFILIATED RESTAURANTS BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE AFFILIATED WEBSITES OR THE CONTENT.

Any claims made by you in connection with your use of any of the Affiliated Websites, or their content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Termination

You agree that we, in our sole discretion, may terminate your use of the Affiliated Websites, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE AFFILIATED WEBSITES.

Indemnity

You agree to indemnify, defend and hold harmless the Affiliated Restaurants, and any restaurants’ parent company, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur, resulting from, or alleged to result from: (i) your breach of these Terms of Use; (ii) your violation of any applicable law, regulation, rule or order pertaining to your use of any of the Affiliated Websites; (iii) your unauthorized or unlawful use of any of the Affiliated Websites.

Reservation of Rights

The Affiliated Restaurants reserve all rights not expressly granted to you herein.

Jurisdiction and Choice of Law

You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with any of the Affiliated Restaurants, including without limitation any claim involving any of the Affiliated Restaurants or any restaurants’ parent company, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the State of California, including, without limitation, the United States District Court for the Central District of California, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.

You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with any of the Affiliated Restaurants, including without limitation any claim involving any of the Rustic Affiliated Restaurants or any restaurants’ parent company, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the State of California in all matters, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.

These Terms of Use constitute the entire agreement between each of the Affiliated Restaurants and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral.

We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void.

If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Entire Understanding

HeadingS

The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.

Severability and Non-Waiver

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms of Use on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms of Use is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms of Use, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms of Use will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.

Survivability

The following provisions of the Terms of Use survive the expiration or termination of the Terms of Use for any reason whatsoever: Limitation of Liability and Disclaimer of Warranties, Limitation of Damages and Remedies, Termination, Indemnity, Jurisdiction and Choice of Law.