INTERNET SITE TERMS & CONDITIONS AGREEMENT
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OR ACCESSING OUR SITE.
By accessing or using the pages in this Site, you agree to be bound by these terms and conditions. If you do not agree, you should not use this Site. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for informational purposes only. Currently, the following states regulate the offer of sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of one of these states, we will not offer you a franchise unless and until we have complied with the applicable pre-sale registration and disclosure requirements in your jurisdiction.
This Site, www.phillipsfoods.com, is owned, operated and maintained by PHILLIPS FOODS, INC and/or affiliates (“Phillips”). This site and all perceptible components hereof, including without limitation information, graphics, photos, buttons, text, images, layout, arrangement, audio and other material (collectively “Content”), are copyrighted by Phillips. Phillips makes no representation that the Content of this site, including without limitation the information and other materials promoting the products and services identified herein, are appropriate or available for use in other locations.
RESTRICTIONS ON USE
The Content contained in this Site is the exclusive property of Phillips, and protected by copyright, trademark and other Intellectual Property law, and except where otherwise noted, and except for personal, non-commercial use, may not be copied, distributed, reproduced, republished, posted, modified in any way, displayed, or transmitted in any form or by any means, without prior written permission of Phillips. By visiting the Site the user does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site. Any unauthorized use of the Content of this Site, including trademarks, service marks, or trade dress found within the Site, may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Content in this site is provided for lawful purposes only. This Site is controlled by Phillips from its offices within the United States of America. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use, download, export or re-export any Content of this Site, including software, in violation of U.S. export laws and regulations.
SUBMISSIONS AND USE OF YOUR COMMUNICATIONS
DISCLAIMER AND GENERAL NOTICES
This Site and all Content, included or available therein, are provided “As Is” and “As Available” with all faults. TO THE EXTENT PERMISSIBLE BY LAW, PHILLIPS DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Phillips does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any Content is accurate, complete or correct. Phillips shall not be liable or responsible for any damages or injuries caused by use of this Site or for any errors or omissions in the Contents of the Site. Your use of this Site is solely at your own risk. Phillips may from time to time revise the Content information, services and the resources contained in this web site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. Phillips may, in its sole discretion, discontinue site availability at any time without notice. In addition, Phillips has no duty to update this site or the Content hereof, and Phillips shall not be liable for any failure to update such Content. Phillips may, at any time, revise these Terms and Conditions by updating this posting, and you are bound by any such revisions. Phillips is neither responsible nor liable for your use of other web sites which you may access via certain links within this Site. The links are to be accessed at the user`s own risk, and Phillips makes no representations about any other web site that you may access through its Site and is not responsible for the content, completeness, or accuracy of these links or the web sites hyper-linked to this Site. Your use of any linked site is subject to the terms and conditions of that site. Further, inclusion of these links and other “resources” referenced on this Site does not constitute an endorsement by or affiliation with Phillips. You may not create a link to the Site without first obtaining the written permission of Philips. This Site may also contain references to other company, brand or product names. These company, brand, product and service names are used herein for identification purposes only and may be the trademarks and/or service marks of their respective owners. Phillips makes no representations about them, their owners, their products or their services.
RESTRICTION OF LIABILITY
Phillips shall not be liable for damages or loss of any kind, including without limitation any indirect, special, incidental, or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the Content hereof, regardless of the nature or cause of any such damages or losses and whether or not a claim thereof is based in contract, tort, negligence or otherwise. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
This Site contains trademarks, service marks, and trade dress owned and used by SB Phillips LLC, Phillips Foods, Inc. and Phillips Seafood – Atlantic City LLC, and you may not use any such materials for any purpose without the express written agreement of Phillips. The following trademarks used herein are owned by SB Phillips LLC, Phillips Foods, Inc. and Phillips Seafood House – Atlantic City LLC. Specifically, PHILLIPS, PHILLIPS HARBORPLACE, PHILLIPS BY THE SEA, PHILLIPS SEAFOOD RESTAURANT, PHILLIPS SEAFOOD HOUSE, OCEAN RHYTHMS, PHILLIPS MAJESTIC BLUE, PHILLIPS FLAGSHIP, CULINARY CRAB, COASTAL CRAB CAKE and PHILLIPS CRAB HOUSE are registered trademarks, and LEADING THE SEAFOOD EVOLUTION, STEAMER CREATIONS, PHILLIPS FAMOUS SEAFOOD and the PHILLIPS LOGO are trademarks of SB Phillips LLC. The PHILLIPS mark is licensed for use to Phillips Foods, Inc. CRAB SLAMMERS, CRABOLOGY 101, TASTE THE CULTURE and the “Phillips Crab Black Can” trade dress are registered trademarks, and ASIAN RHYTHMS, MAKING SEAFOOD A BIGGER PART OF LIFE, LEADING THE SEAFOOD EVOLUTION, BIG TASTE. LITTLE EFFORT, MAX & STEVE’S, STREET CARTS, SHARE YOUR GOOD TASTE, BUFFALO BLEU, WORLD CUISINE, STEVE PHILLIPS WORLD CUISINES, PREMIUM CATCH, and CULINARY JUMBO are trademarks of Phillips Foods, Inc. SOUZAI is a registered trademark of Phillips Seafood – Atlantic City LLC.
Any claim relating to the Site Content or to these Terms and Conditions shall be governed and interpreted pursuant to the internal substantive laws of the State of Maryland, notwithstanding any principles of conflicts of law. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Maryland, United States of America.
Any failure by Phillips to enforce any of its rights under these Terms and Conditions or under applicable law shall not constitute a waiver of such rights. If any term, condition, or provision of this Terms and Conditions Agreement is determined to be unlawful, invalid, void, or for any reason unenforceable, then that term, condition, or provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms and Conditions constitutes the entire agreement between you and Phillips relating to the subject matter herein.