Terms

1. ESSENTIAL INFORMATION PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE HotOperator® WEB SITE AND ITS CONTENTS, AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND M+K Laux, DOING BUSINESS AS HotOperator®. By using the site, you agree to be bound by the terms of this agreement. HotOperator® reserves the right to change these terms at any time, and you agree to be bound by such changes. The term services is the services provided by HotOperator®. The term HotOperator® are the tools, the resources, and use of all materials accessible by Customer (including but not limited to all professional photography, templates, graphics, etc.). The term Customer Content are any materials provided by Customer for use, on, and with HotOperator®. This includes, but is not limited to any photos, logos and written materials provided by Customer.

2. DESCRIPTION OF SERVICE HotOperator® is a resource and service provider on the web which provides users with the necessary tools, advice and custom menu engineering and design services, advertising and development, new product development, news and information to the restaurant community.

You, the Customer, understand and agree that you are fully and unconditionally responsible for the selections you make (colors, photos, type, etc.), the spelling and grammar of your work, and any and all content you provide (the Customer's Content). Customer is solely responsible for Customer's Content, including but not limited to, the quality, the printability, the readability and usability of such materials. It is understood that HotOperator® has done everything it can to provide you with exceptional tools and materials (the HotOperator® Content), and to ensure that your work will look professional, be printable, and be of high quality. In addition, it is also understood and agreed that HotOperator® has done everything it can to make the materials, layouts and work which is seen on screen as closely and as representative to that which will print.

3. PERMITTED USE: YOU MAY a) Print the completed work as provided by HotOperator® as often as you like, and up to any quantity. b) Choose any printer you wish, or use one of our trusted partner printers. c) Use any of the materials we produce on your behalf as long as materials are paid in full. This does not entitle you to the work product in any format, nor are we responsible for recreating said files. Files are generally stored on disc, and therefore not always easy to locate. You, the Customer understand that you may be charged for work product if HotOperator agrees to release work product, but you are not paying for that up-front as a part of any work being done by HotOperator.

4. PROHIBITED USE OF SITE: YOU MAY NOT a) Transfer the rights to the articles, images, templates or any other content b) Reverse engineer, decompile, or disassemble any part of any of the site, or completed work(s), the designs, the images, or the completed files which you may receive. c) Attempt to extract reuse any graphic or image that is contained in the completed work. d) Copy or reproduce the templates, the designs and the images, except as specifically provided for in paragraph 3a and 3d. e) Display the templates, or completed Template(s), the designs and the images in any digital format or for any digital use at a resolution greater than 640X480 pixels, except as specified and allowed within the HotOperator® web site. Doing so will be viewed as an attempt to distribute the work in a violation of this agreement. We are specifying this so no one can steal the work from you, even if that was not your intention. f) Re-sell distribute or sub-license the materials, articles images displayed on this site.

5. CUSTOMER'S RESPONSIBILITY You (the Customer) also agree and are solely responsible and liable for all information, data, text, photographs, graphics, images, or other materials (the Customer's Content that you upload, post, or transmit via the email, mail or any other means). HotOperator® does not control any Content provided by customer, nor can HotOperator® guarantee the accuracy, integrity, privacy or quality of such Content you provide. It is up to you (the Customer) to provide all appropriate requested formats for any image or graphic, and to provide those images and graphics in the highest quality. It is agreed that you will not upload or send any images or materials that may be considered defamatory, pornographic, libelous, immoral or obscene. In addition you will not upload, post, or transmit any Content to which you do not have the requisite rights, that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any other party. In addition you will not upload any files that contain software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of HotOperator®, or interfere with or disrupt the Service, the servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

6. GRANTING OWNERSHIP HotOperator® can only grant ownership of the specific designs for which they were commissioned for, the chosen design or final work, the intended use, and for those designs for which they have the authority to do so. For all services, including the HotOperator® web site, in the event of a service interruption or failure of the HotOperator® web site operation, servers, computer systems, software programs, CD-ROMs, or any other related or non related issues, including but not limited to cancellation or termination of your subscription, HotOperator® will not be held responsible or liable for any loss of any materials you may have produced, are in the process of producing, or for the loss of any remaining free templates. b) NO MONEY DAMAGES Under no circumstances whatsoever will HotOperator® and any related services, its proprietors, vendors, subcontractors, employees, or agents, be liable to Customer or any third party for any damages, including, but not limited to, lost profits, lost savings, lost data, or other indirect or direct, incidental, consequential, punitive, or special damages arising out of the Services. Some states do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. LIMITATION OF REMEDIES REPLACEMENT POLICY OR REFUNDS HotOperator®’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of HotOperator® web site and related services shall be as follows: a) If your account is in good standing, and you have not let your account become inactive or expired, and there is a HotOperator® web site failure, you will be allowed back online at no extra charge, and will resume your normal membership. Any work which is archived or backed up, and if available, will be placed back online on the HotOperator® web site, and any such work and Services will be made available to you. b) In the event of a CD-ROM failure, you can receive a replacement CD-ROM by returning the original CD-ROM to HotOperator®, provided your account is in good standing and you are still a member or your account is current. A new CD-ROM will be sent to you (normal delivery) at no charge. All replacement CD-ROM's must be requested prior to letting your account become inactive or expired. No CDROM's of any work will be provided to accounts not in good standing, or to those Customers who have let their memberships expire.

9. INDEMNIFICATION You, your successors, heirs, and assigns agree to indemnify, defend and hold HotOperator® harmless against all claims or liability asserted against HotOperator® arising out of or in connection with any breach of any of the terms of this entire Agreement. You, your successors, heirs, and assigns also agree to indemnify, defend and hold harmless HotOperator®, its officers, directors, owners, partners, subsidiaries, employees, agents, licensors, suppliers and any third party provider to us from and against all losses, expenses, damages and costs, claims of any third party, including attorney fees, due to, arising out of, related to or otherwise (1) attributable to the actual or alleged infringement or violation of any materials or intellectual property you provided, or (2) attributable to your use of any of the HotOperator® web site and any and all related Services provided by HotOperator®, including third party services.

10. LIMITATIONS OF SERVICE HotOperator® reserves the right to refuse service to anyone for any or no reason.

11. HotOperator® PRIVACY POLICY HotOperator® does not believe in selling lists or any customer information. We believe in your right to privacy and honor that right by keeping your records, service, matrix information and contact information secret. Because of the nature of the HotOperator business, we do, from time to time, reserve the right to communicate in writing and in interviews the process and work product, where that work product does not reveal any sensitive information as deemed sensitive by HotOperator® in the form of articles and promotional materials.

12. INTERNATIONAL USE Recognizing the global nature of the World Wide Web, you will comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. CONTENT SUBMISSIONS HotOperator® claims no ownership rights in the Customer's Content that is placed in the HotOperator® materials. By submitting Content to HotOperator® for inclusion in the HotOperator® materials, you grant HotOperator® the world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the Customer's Content solely for the purpose of displaying and producing the Content for the Customer's needs and for the promotion of HotOperator®. HotOperator® will have, in its sole discretion, the right (but not the obligation) to review, screen, refuse, remove, or discard any Content that violates the TERMS AND CONDITIONS or is otherwise objectionable. You will evaluate, and bear all risks and liabilities associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

14. RESPONSIBILITIES You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Service, your connection to the service, your violation of the TERMS AND CONDITIONS, or your violation of any rights of another.

15. NO RESALE OF SERVICE You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including use of the Service or access to the Service.

16. SERVICE RESTRICTIONS You will abide by all practices, storage limits, and other restrictions concerning the Service that HotOperator® may establish.

17. SERVICE MODIFICATIONS HotOperator® reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. HotOperator® will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

18. TERMINATION Should Customer default on any payment or abuse these TERMS AND CONDITIONS, HotOperator® may, in its sole discretion, terminate your (the Customer's) use of or access to the Service, or your use of or access to any other HotOperator® service, for any reason. HotOperator® may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. Upon any such termination, HotOperator® may immediately deactivate or delete your membership and all related information, passwords, and files, and may bar any further access to such files or to the Service. HotOperator® is not liable to you or to any third party for any such termination.

19. ADVERTISEMENTS, PROMOTIONS AND TRUSTED PARTNERS From time to time, HotOperator® runs advertisements and promotions. The manner, mode, and extent of advertising by HotOperator® will be determined by HotOperator® in its sole discretion, and is subject to change at any time without notice. In addition, HotOperator® may work with Trusted Partners, in order to provide you with greater service. Your communications or dealings with such Trusted Partners found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such communications or dealings with any Trusted Partners or outside services, are solely between you and such outside service provider or Trusted Partner. HotOperator® is not responsible or liable for any loss or damage incurred as the result of any such communications or dealings or as the result of the presence of such outside service providers or Trusted Partners.

20. HotOperator® PROPRIETARY RIGHTS The Service and any software provided by HotOperator® in connection with the Service ("Software") contain proprietary or confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by HotOperator®, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. HotOperator® grants you a limited, personal, nontransferable, non-exclusive license to use the object code of Software on a single computer, provided that with respect to such Software you do not (and do not allow any third party to) copy, modify, sell, sublicense or otherwise transfer, create a derivative work of, reverse engineer, recompile, reverse assemble or otherwise attempt to discover any source code (except as expressly permitted by local laws), or grant a security interest in or otherwise assign any right. You will not use modified or unauthorized versions of the Software for any purpose, including for the purpose of obtaining access to the Service; you will not access the Service by any means other than through the interface that is provided by HotOperator® for such use.

21. DISCLAIMER OF WARRANTIES Your use of HotOperator® and any related Service is at your sole risk and liability. The Service is provided on an as is and as available basis. HotOperator® expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HotOperator® makes no warranty that the Service will meet your requirements, the Service will be uninterrupted, timely, error free, secure, or any products or services produced on or through HotOperator® will meet your expectations. No advice or information, whether oral or written, obtained by you from HotOperator®, or through or from the Service, will create any warranty not expressly stated in the TERMS AND CONDITIONS.

22. NOTICES Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TERMS AND CONDITIONS or other matters by displaying notices or links to notices generally on the Service.

23. COPYRIGHTS HotOperator® respects the intellectual property rights of others and expects you to do the same. Rather than stealing intellectual property, hire us to help you build something better.

24. ENFORCEABILITY If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.

25. JURISDICTION This agreement, its validity and effect, shall be solely interpreted under, and solely governed by, the laws of the State of Wisconsin. Any claims shall be brought solely in the Federal District Court of Winnebago County of Wisconsin and you expressly consent to the exclusive jurisdiction of the courts of the State of Wisconsin. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.

26. LEGAL FEES AND JURISDICTION If HotOperator® is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse HotOperator® for its legal fees, cost and disbursements if HotOperator® is successful.

27. ENTIRE CONTRACT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MY HotOperator®, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND HotOperator® RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN HotOperator®'s WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.