Terms & Conditions
ROSA MEXICANO WEBSITE TERMS OF USE
These terms of use set forth the terms and conditions that apply to your use of Rosa Mexicano’s website (the “website”). 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 website, including art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks (including the Rosa Mexicano brand), logos, product or restaurant names, slogans, and any compilations of the foregoing is the property of Rosa Mexicano or its licensees (“website content”), and is protected by United States and other copyright, trademark, or other laws. You agree not to copy, distribute, transmit or modify the website content, whether in electronic or hard copy form, without the express prior written permission of Rosa Mexicano.
LINKS TO THIRD-PARTY WEBSITE
We may provide hyperlinks to third-party websites as a convenience to users of the website. We do not control such third-party websites and are not responsible for the contents of their websites. We do not endorse, recommend or approve any third-party websites hyperlinked from our website. You understand and agree that we will have no liability to any entity for the content or use of the content available through such hyperlinks.
NO REPRESENTATIONS OR WARRANTIES;
LIMITATIONS ON LIABILITY
The information and materials on the website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Rosa Mexicano makes no representations or warranties with respect to any information, materials or graphics on the website, 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 website, including all implied warranties of merchantability, fitness for a particular purpose and non-infringement. Under no circumstances shall Rosa Mexicano 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 website; (2) the use of or inability to use the website, the materials or any information, or transactions provided on the website or downloaded from the website, even if Rosa Mexicano and 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 website, the materials and/or listings or information downloaded through the website.
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, Rosa Mexicano’s liability is limited to the greatest extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the website 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 website and any violation of these terms by you.
GOVERNING LAW AND JURISDICTION
This agreement will be governed by and construed in accordance with the internal laws of the state of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these terms will be subject to the federal, state and local courts in New York. These terms operate to the fullest extent permissible by law. If any provision of these terms is unlawful, void or unenforceable, that provision is deemed severable from these terms and does not affect the validity and enforceability of any remaining provisions.
CHANGES TO THESE TERMS OF USE
Rosa Mexicano shall have the right at any time to change the terms of these terms, or change the website, including eliminating or discontinuing any content or feature of the website, restricting the hours of availability, or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the website, or by electronic mail, or by conventional mail. Your use of the website after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions. You are expected to review these terms periodically to ensure familiarity with the most current version.
NO PARTNERSHIP
Both you and Rosa Mexicano acknowledge and agree that no partnership is formed and neither of you nor Rosa Mexicano has the power or the authority to obligate or bind the other. These terms constitute a binding agreement between you and Rosa Mexicano, and are accepted by you upon your use of the website. These terms constitutes the entire agreement between you and Rosa Mexicano regarding the use of the website.
NO WAIVER
The failure of Rosa Mexicano to comply with the terms of use because of an act of god, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Rosa Mexicano, shall not be deemed a breach of these terms. If Rosa Mexicano fails to act with respect to your breach or anyone else’s breach on any occasion, Rosa Mexicano is not waiving its right to act with respect to future or similar breaches. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.
HEADINGS
The headings in these terms are for your convenience and reference. These headings do not limit or affect these terms. These terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to the website, and replaces any prior understandings or agreements (whether oral or written) regarding the website. If a court finds any of these terms to be unenforceable or invalid, that term will be enforced to the fullest extent permitted by applicable law and the other terms will remain valid and enforceable. The website and any promotions contained therein are void where prohibited.
BINDING AGREEMENT
These terms constitute a binding agreement between you and Rosa Mexicano, and constitute the entire agreement with respect to your use of this website. By using the website, you are deemed to have accepted these terms, and to agree to adhere to the provisions herein.
ROSA MEXICANO WEB SITE PRIVACY POLICY
Thank you for visiting the Rosa Mexicano website (the “website”) and reviewing our privacy policy. This privacy policy describes the information collection and use practices on the Rosa Mexicano website located at www.rosamexicano.com and www.rosamexicano.info. It does not apply to information that we may collect from you in other forums, such as at our restaurants, offline, or through email, or information we may be provided about you by third parties.
PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT AND HOW IT IS USED
You may browse our website without providing personally identifiable information; however, on certain areas of our site we do collect personally identifiable information. These areas include, for example, our gift card purchasing feature, where we collect name, address, email address of gift card recipient, and billing information; and our mailing list sign up, where we collect name, email address, address, areas in which you are interested and other comments should you choose to share them. Information we collect is used to respond to your request and as described at the time we collect information, as well as to send you information about us, our existing or new restaurants, or other products or services (whether ours or those of third parties) in whom we believe you may be interested, or for our other legitimate business purposes. From time to time we may share your information with third parties, including our business partners, or vendors who are providing services on our behalf. We will also disclose your information to third parties such as government agencies, courts, or law enforcement to cooperate with enforcement activities, if we believe we are required by law to make such a disclosure, or to protect our company or other users of our websites or our services.
In addition to information we ask for specifically on the website, we may also use passive tracking technologies such as cookies and web beacons to log and record information such as the date and time of your visit, the originating IP address, and the pages and images requested. This information is used for us to better understand what areas of the website are popular, for website maintenance and support, to better understand our customers, and for our legitimate business purposes.
CHILDREN ON OUR SITE
The web site is not intended for, directed to, nor do we believe it is appealing to children under 13. We do not knowingly collect any information from children under 13. Parents, if you believe your child has provided us with personally identifiable information, please contact us at [email protected]. To learn more about how to protect your children online, we encourage you to visit https://www.ftc.gov/news-events/media-resources/protecting-consumer-privacy-security/kids-privacy-coppa.
THIRD-PARTY SITES
On certain areas of this website we may provide links to third party sites. For example, we provide a link to www.opentable.com, a third party site that provides restaurant reservation services. This privacy policy does not describe information collection practices on other sites, including those linked to or from the web site. These links are provided as a convenience to you, however please be aware that we do not control the third-parties or their web sites, and those third parties will have a different privacy policy which applies to information that you may provide when you are on those third parties’ sites. You should read the privacy policies of all web sites carefully before providing personally identifiable information.
SECURITY
We use industry standard measures to protect information provide on this website. No website is one hundred percent secure, and thus you should take appropriate measures to protect yourself, including, for example, keeping all user names and passwords confidential.
CONTACT INFORMATION
If you no longer wish to receive marketing communications from us by email, you may opt out of receiving such emails by following the opt out instructions in any marketing email you receive. you may also contact us to opt out of receiving marketing emails by sending an email to [email protected] with the words “opt out of marketing” in the subject line of your message. If you have other questions or comments about our privacy practices, please contact us as follows:
264 West 40th St., 18th Flr.
Tel. (212) 397-0666
[email protected]
If you have an established business relationship with us, and are a resident of California, you have the right to request from us a list of the categories of personal information we have disclosed to third parties for those third parties’ marketing purposes, and a list of all third parties to whom we have shared that information. We will include in that list the information required by California law, namely the names and addresses of the third parties who received the information and used it (or whom we believe may have used it) for their own marketing purposes. To exercise your rights, you may make one request each year by emailing us at [email protected] or writing us at the address listed above. Indicate in your letter that you are making a “California shine the light” inquiry. Responses to requests sent to either of these addresses will be provided within 30 days.
EFFECTIVE DATE AND CHANGES
This privacy policy is effective as of 8/1/12. We will post the most recent version of the privacy policy on the website. By using the website, you understand that information you provide will be used as described in the most recent version of the policy. Your continued use of the website constitutes your understanding of and agreement to this policy. If you do not agree with how your information will be used, you should not provide information or use the website.