Terms of Use

Purpose of This Site:
The purpose of this Website (the “Site”) is to provide members of the public and guests of Tilted Kilt Pub & Eateries to communicate with TILTED KILT FRANCHISE OPERATING, LLC (referred to herein as “Tilted Kilt”).

Term and Conditions For Using This Site:
The following terms and conditions govern the use of this Site which is managed Tilted Kilt.

Prohibited Acts By User:
Although you must strictly comply to the terms and conditions set forth herein after, you are also strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any laws. Tilted Kilt will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.

Copyright and Other Intellectual Property:
Tilted Kilt, maintains this Site and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within this Site. The trademark Tilted Kilt® as well as certain logos and other Marks (the “Marks”) used in the Site are owned by Tilted Kilt Franchise Ltd Liability Company (“TKFL”), an affiliate company of Tilted Kilt.   TKFL licenses to Tilted Kilt the right to use and sublicense use of the Marks.  The materials contained within this Site, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Tilted Kilt and/or its Affiliate TKFL also claims(s) a copyright in the selection, coordination and arrangement of the material contained within this Site.  You should assume that everything you see or read on this Site is copyrighted.

The material contained within this Site is provided by Tilted Kilt only for lawful uses by franchisees, area developer, guests of Tilted Kilt Restaurants, the general public. The material may not be copied, republished, incorporated into another Site or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Tilted Kilt.  Under no circumstances may the material be altered or modified without the express written approval of Tilted Kilt.

Use of Information Provided By You On This Site:
This Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Tilted Kilt through the Site or otherwise will be treated as non-confidential and nonproprietary. Anything you submit, transmit, or post becomes the property of Tilted Kilt, or TKFL and/or their affiliates.  Tilted Kilt is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

Limited Liability:
NEITHER TILTED KILT, TKFL AND/OR ANY AFFILIATES THEREOF NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT THIS SITE, NOR THE OFFICERS, DIRECTORS, EMPLOYEES,  REPRESENTATIVES OR AGENTS OF ANY OF THE FOREGOING, ARE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THIS SITE OR THE USE OF THIS SITE OR A LINKED SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR A LINKED SITE, WHETHER OR NOT TILTED KILT IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT A USER’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN THIS SITE’S FILES AND THE USER’S BROWSER OR OTHER SITE ACCESSING PROGRAM. OR ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. TILTED KILT DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS SITE OR A LINKED SITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THE LINKED SITES ARE NOT NECESSARILY INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY TILTED KILT. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TILTED KILT AND/OR TILTED KILT MEMBERS SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. TILTED KILT MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

NO WARRANTIES:
THIS SITE IN NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING, TAX ADVICE OR ANY OTHER ADVICE AND SHOULD NOT AND CANNOT BE RELIED UPON IS SUCH RESPECT.  ALL PRODUCTS, SERVICES AND CONTENT ON THIS SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. NEITHER TILTED KILT NOR ANY TILTED KILT MEMBER ENDORSES AND NONE ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON THIS SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON THIS SITE. TILTED KILT SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE SITE.
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD TILTED KILT AND/OR TILTED KILT MEMBERS HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS SITE.

Links:
Clicking on certain links within this Site or certain other websites that are or may be linked to this Site may take you to other websites, or may display information on your computer screen from other websites, which may not maintained by TILTED KILT. Such websites may contain terms and conditions, privacy provisions, confidentiality provisions, or other provisions that differ from the terms and conditions applicable to this Site. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.  Tilted Kilt makes no representation about any other website that you may access through this Site.  Tilted Kilt and is not responsible for the contents of or from any other website, even if linked to this Site or any other Tilted Kilt website. Unless expressly stated, Tilted Kilt does not endorse any products or services offered by any company or person linked to this Site. You may not create a link to this Site or any other Tilted Kilt website without first obtaining its written permission. You are subject to any use guidelines and terms applicable to other content or websites accessed by you through this Site.

TILTED KILT AND/OR TILTED KILT MEMBERS ASSUME NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR THE CONTENT, ACCURACY, RELIABILITY OR OPINIONS EXPRESSED IN A SITE, TO WHICH THIS SITE IS LINKED (A “LINKED SITE”) AND SUCH LINKED SITES ARE NOT MONITORED, INVESTIGATED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY TILTED KILT. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON A LINKED SITE. ALL PRODUCTS, SERVICES AND CONTENT OBTAINED FROM A LINKED SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

Confidentiality of Information:
We have taken reasonable steps to ensure the confidentiality of information taken at this Site and transmitted via the Internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.  Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to Tilted Kilt through the Site or otherwise will be treated as non-confidential and nonproprietary. Anything you submit, transmit, or post becomes the property of TILTED KILT, or its affiliates and TILTED KILT is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.

Choice of Law:
All Site activity or use and these Terms and Conditions are governed by the laws of the United States of America and the laws of the State of Arizona, without regard to conflict of law principles.

Jurisdiction and Venue:
You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Maricopa County, State of Arizona, United States of America.

Site Content and Material:
The information and materials contained in this Site, including but not limited to these Terms and Conditions and any and all information contained in this Site, are subject to change without notice. Users are deemed to be apprised of and bound by any such changes.

Waiver and Serviceability:
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term or provision of these Terms and Conditions. If any provision in these Terms and Conditions shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Secured Areas of Site:
Access to and use of password protected and/or secure areas of this Site is restricted to authorized users only. Unauthorized persons attempting to access these areas of the Site may be subject to prosecution.

Safe Harbor Notice:
Forward-looking statements in this website, if any, are made under the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Certain important factors could cause results to differ materially from those anticipated by the forward-looking statements, including the impact of changing economic or business conditions, the impact of competition, the availability of favorable credit and trade terms, the impact of changes in the cost or availability of food and real estate, government regulation, construction costs, weather conditions and other factors discussed from time to time in reports filed by the Company with the Securities and Exchange Commission.

Modification and Revisions of Terms and Conditions:
Tilted Kilt may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.