Legal Notices

Fourk Yeah Hospitality, Inc. – Terms of Use

PLEASE READ THESE TERMS CAREFULLY.

These Terms of Use (“Terms”) apply to the Company websites on which we have posted these Terms, including online, in-restaurant, mobile, or social locations (collectively, the “Sites”). The Sites are operated by Fourk Yeah Hospitality, Inc., a California corporation, or our affiliates (collectively, “Fourk” or “Company”).

Throughout the Sites, the terms “we,” “us,” and “our” refer to Company. Company offers the Sites, including all information, tools, and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated here. These Terms are a contract between you and us. Your use of a Site constitutes your agreement to these Terms.

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ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Company is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your
reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

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USE OF MATERIALS ON THE SITES
All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Company, its licensors, or its content providers and is protected by copyright, trademark and other applicable laws. Use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to Fourk, is expressly prohibited without the prior written consent of Company. Company reserves the right to refuse, terminate or cancel any person’s registration for the Sites, and remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever.

Termination of your access or use will not waive or affect any other right or relief to which Company may be entitled at law or in equity. Company, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Company’s sole discretion. Company neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Company.

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COMMUNICATIONS
Company communications will be conducted through various channels, including but not limited to, in-restaurant devices, the Sites, email and SMS/text. If you provide Company with your mobile telephone number for promotional purposes you agree that Company may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Recurring messaging and frequency may vary. Message and data rates may apply.
Consent is not a condition of any purchase. For help, text “HELP” to any text message you receive. To quit, text “STOP” to any text message you receive. Text messages may not be available on all mobile carriers. Your use of text communications is also subject to our Privacy Notice, which complies with the California Consumer Privacy Rights Act (CCPA/CPRA).

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MATERIALS YOU SUBMIT
You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any content that is unlawful, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable.

If you do submit material, and unless we indicate otherwise, you grant Company an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media.

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CONDUCT ON THE SITES
Some features that may be available on the Sites require registration. By registering and using the Sites, you agree to provide true, accurate, current and complete information about yourself and agree to our Privacy Notice. You are responsible for protecting your password. Company may assume that any communications received under your password have been made by you unless notified otherwise.

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LINKS
The Sites may contain links to other websites, some of which are operated by Company and others by third parties. These links are provided as a convenience. Inclusion of links does not imply endorsement. Company is not responsible for the content or practices of linked sites.

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TRADEMARKS AND COPYRIGHTS
Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Company, its licensors or content providers, or other third parties. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the owner’s prior written permission. The Sites and all of their content are protected under U.S. and international copyright laws.

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INFRINGEMENT NOTICE (DMCA)
We respect the intellectual property rights of others. If you believe your copyright has been infringed, notify our copyright agent:

Legal
Fourk Yeah Hospitality, Inc.
2151 Professional Drive, Suite 104
Roseville, CA 95765
Email: accounting@fourkyeah.com

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DISCLAIMERS
Your use of the Sites is at your sole risk. The Sites are provided “as is” and “as available.” Company
expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the
implied warranties of merchantability and fitness for a particular purpose.

Nothing in these Terms disclaims or limits any warranties, rights, or remedies that you may have under California law that cannot be waived by contract, including rights under the Song-Beverly Consumer Warranty Act or applicable consumer protection statutes.

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LIMITATION OF LIABILITY
To the fullest extent permitted by law, Company will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of your use of the Sites. This does not limit liability for damages caused by Company’s gross negligence, willful misconduct, or violations of California consumer protection laws.

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INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fourk and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use.

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JURISDICTION AND APPLICABLE LAW
The laws of the State of California govern these Terms and your use of the Sites. You irrevocably consent to the jurisdiction of the state and federal courts located in Sacramento County, California for any legal proceeding, claim, or action arising out of or relating to these Terms of Use.

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CHANGES TO THESE TERMS OF USE
Fourk reserves the right to change, modify, add or remove any portion of these Terms at any time, by posting revised terms on the Sites. It is your responsibility to check periodically for updates. Your continued use of the Sites constitutes acceptance of the changes.

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ENTIRE AGREEMENT
These Terms, together with any policies or operating rules posted on the Sites, constitute the entire agreement and understanding between you and Fourk with respect to the subject matter. A printed version shall be admissible in judicial or administrative proceedings.

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SEVERABILITY
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions will remain in place.

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CONTACT US
If you have any questions about these Terms, please contact us:
Email: accounting@fourkyeah.com