Welcome to the Web site located at www.cafemercato.com (the "Site").
The following terms and conditions of use (the "Terms of Use") govern your use of the Site. By using the Site you agree to be bound by them. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.
Domicile Requirement for Use of the Site.
You must be domiciled in the United States to use the Site and you represent and warrant that you are so domiciled.
Modifications; Suspension of Site.
Cafe Mercato reserves the right to change these Terms of Use from time to time, and at any time, with or without notice to you, by posting such changes on the Site. You are responsible for regularly reviewing these Terms of Use. By using the Site following any modifications to these Terms of Use, you agree to be bound by any such modifications. If you do not agree to comply with the Terms of Use as modified, you may not use the Site after the modifications took place.
We also reserve for ourselves the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to any of the content, services, or features of the Site or its hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
Use Of Site Restrictions.
The Site (including, without limitation, its content) is made available for your personal and non-commercial use only. You may display and, subject to any expressly stated restrictions or limitations relating to specific content, electronically copy, download onto a single personal computer and other Internet-compatible device and print single hard copy portions of the content from the Site solely for your own internal, non-commercial, lawful use. When reproducing any content from the Site in connection with any of the above authorized uses, you may not erase, delete, remove, or otherwise modify or tamper with any of the proprietary notices affixed to such content.
Other than as expressly permitted above, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, without the prior written permission of Cafe Mercato.
If you use the Site in any way other than as authorized, you may violate copyright, trademark and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Site Rules of Conduct; Site Security.
There are certain rules of conduct that you must abide by when visiting the Site. You acknowledge and understand that, while using the Site, you are strictly prohibited from:
* harassing any other person in any manner or form, including, without limitation, via e-mail or by obscene or abusive language * impersonating or misrepresenting your affiliation with others * uploading, distributing, or otherwise publishing through the Site any content that is libelous, defamatory, fraudulent, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law * uploading commercial content on the Site or using the Site to solicit others to join or become members of any other commercial online service or other organization * framing or linking to any content available on or through the Site * uploading, posting or transmitting, distributing or otherwise publishing through the Site any materials that (i) restrict or inhibit any other user from using and enjoying the Site, (ii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (iii) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact * engaging in the harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information, or otherwise attempting to interfere with service to any user, host or network * sending chain letters or engaging in pyramid schemes via the Site * decompiling, disassembling or reverse engineering the software comprising or in any way making up a part of the Site * attempting to gain unauthorized access to the Site, any portion thereof or any other computer systems through the Site (including, without limitation, by accessing data not intended for you or logging into a service or account which you are not authorized to access) * using the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site * obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for through the Site * uploading a resume that is false, inaccurate or incomplete * uploading the resume of an individual other than you * deleting or revising any materials posted on the Site by any other person or entity * attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization * forging any TCP/IP packet header or any part of the header information in any e-mail or other communication or posting
Any violations of these rules may result in civil or criminal liability. Cafe Mercato will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Privacy Policy.
In the course of your use of the Site, we may obtain certain personally identifiable information about you. Any such personally identifiable information will be treated by Cafe Mercato in accordance with Cafe Mercato's Privacy Policy , which is hereby incorporated into these Terms of Use by reference for all purposes.
User Content.
Unless specifically requested by us, or unless uploaded by you as part of your resume after you have become a registered member of the Site, we do not solicit nor do we wish to receive any confidential or secret information or other material from you through the Site, by e-mail or in any other way. Except for any personally identifiable information we may collect from you under the guidelines established in our , any material, ideas, information or other communication you transmit, upload or post to or through this Site ("User Content") will be considered non-confidential and non-proprietary. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Content.
By submitting or sending User Content to us: (i) you represent and warrant that the User Content is original to you, that no other party has any rights thereto, that any "moral rights" in such User Content have been waived and that such User Content, and our uses thereof, do not and will not at any time violate, misappropriate or infringe any third party right or law; and (ii) you grant us and our designees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, disclose, distribute, transmit, display, publish, perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit your User Content (in whole or part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or non-commercial purposes.
We cannot be responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time. We are not responsible for the content or text of, or any typos, misspellings, grammar or other errors in, your User Content. Cafe Mercato does not and cannot review all User Content posted to or created by users accessing the Site. As a result, you may be exposed to content on the Site that you find offensive or objectionable. Your use of the Site is at your own risk. Opinions posted on public areas of the Site, if any, and elsewhere by users are not the opinions of Cafe Mercato. You acknowledge that by providing you with the ability to post or view User Content, Cafe Mercato is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any such User Content. However, Cafe Mercato reserves for itself the right to monitor all portions of the Site, and to block or remove communications or materials that it determines to be (i) abusive, defamatory, offensive or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of a copyright, trademark or other intellectual property or other right, (iv) in violation of any law or regulation, or (v) otherwise unacceptable to Cafe Mercato in its sole discretion. THE AVAILABILITY OF ANY USER CONTENT ON OR THROUGH THE SITE DOES NOT MEAN THAT Cafe Mercato ENDORSES ANY SUCH USER CONTENT OR PORTION THEREOF.
Third-Party Links.
In an attempt to provide increased value to you, this Site may contain third party offerings of services or products and other links to other Web sites on the Internet that are owned and operated by third party vendors, affiliates and other third parties (collectively, the "Third Party Sites"). Any such third party offerings are provided only on the applicable Third Party Sites (and not on this Site) and are governed solely by the terms and conditions of use and privacy practices of such Third Party Sites (and not by the Terms of Use or the Cafe Mercato Privacy Policy, even though, in some instances, for example, a Third Party Site's offerings may be tied to benefits obtainable by virtue of your being a member of this Site). Cafe Mercato is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of these Third Party Sites. Cafe Mercato does not control or endorse and does not assume any responsibility or liability for the actions, terms and conditions of use, privacy and data collection practices, availability, products, services and content of these Third Party Sites and any other third parties.
LINKS TO THIRD PARTY SITES ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND YOU ACCESS AND USE THEM AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT CAFE MERCATO IS NOT RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE, INJURY, OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE OF, OR RELIANCE UPON, ANY CONTENT, GOODS OR SERVICES AVAILABLE ON ANY THIRD PARTY SITES.
Disclaimer of Warranties.
THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREE-LANCE POSITIONS, OUR ASSESSMENT OF YOUR FIT TO A PARTICULAR POSITION), PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE MADE AVAILABLE "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Cafe Mercato DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Cafe Mercato DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Cafe Mercato DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR INABILITY TO USE ANY OF THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS PROVIDED ON OR THROUGH THE SITE OR THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, US NOT EXPRESSLY MADE HEREIN OR IN A SEPARATE AGREEMENT BETWEEN YOU AND Cafe Mercato. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
YOU SHOULD NOT RELY ON THE SITE OR US TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT. YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
Limitation Of Cafe Mercato's Liability.
IN NO EVENT SHALL CAFE MERCATO OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE "Cafe Mercato ENTITIES"), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF Cafe Mercato HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES (INCLUDING, WITHOUT LIMITATION, INTRODUCTIONS MADE TO POTENTIAL EMPLOYERS, YOUR PLACEMENT IN FREE-LANCE POSITIONS, OUR ASSESSMENT OF YOUR FIT TO A PARTICULAR POSITION), PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL CAFE MERCATO BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT (INCLUDING, WITHOUT LIMITATION ANY USER CONTENT) POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. NOTHING CONTAINED HEREIN SHALL MAKE Cafe Mercato YOUR EMPLOYER. ANY EMPLOYMENT RELATIONSHIP WITH Cafe Mercato, IF ANY IS ESTABLISHED, WILL BE AS SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND Cafe Mercato AND WILL NOT BE GOVERNED BY ANYTHING CONTAINED ON THIS SITE, OR THESE Terms of Use.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE CAFE MERCATO ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE Terms of Use OR YOUR USE OF THE SITE, EXCEED, IN THE AGGREGATE, $50.00.
Release From Liability.
YOU HEREBY AGREE TO RELEASE US FROM ANY CLAIMS, DEMANDS OF ANY KIND, KNOWN OR UNKNOWN, ARISING OR IN ANY OTHER WAY CONNECTED WITH ANY DEALINGS OR DISPUTES THAT YOU MIGHT HAVE WITH ANY OTHER USERS OF THE SITE OR ANY THIRD PARTY SITES. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE ANY RIGHTS YOU MIGHT OTHERWISE HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES IN RELEVANT PART THAT "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Indemnification.
You agree to indemnify, defend, and hold harmless the Cafe Mercato Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting in any way from your use of the Site, the User Content, your violation of any law or third party right or breach of these Terms of Use.
Applicable Laws and Other General Provisions.
We control and operate this Site from our offices in the United States of America. The Site may not be available to individuals or companies outside of the United States. Cafe Mercato makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside New York do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States or any other jurisdiction's export, re-export or import laws and regulations.
These Terms of Use and the relationship between you and Cafe Mercato shall be governed in all respects by the laws of the state of New York, United States, without regard to its conflict of laws principles. Except as otherwise provided in the Arbitration section provided below, you agree that the exclusive jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site or these Terms of Use shall be in the state or federal courts located in New York County, New York and you agree to submit to the personal and exclusive jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms of Use must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Cafe Mercato's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.
If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Cafe Mercato may assign its rights and duties under this Agreement to any party at any time without notice to you.
Arbitration.
By using this Site, you agree that Cafe Mercato, in its sole discretion, may require you to submit any disputes arising from your use of this Site or these Terms of Use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in these Terms of Use or their adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall take place in New York County, New York and shall be governed by the laws of the state as set forth in the Applicable Laws section of these Terms of Use. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by applicable law.
