Cafe Identity Restaurant Web Design and Restaurant Online Ordering Software

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS.

Cafe Identity provides small businesses and organizations with (i) a variety of tools and resources to collect visitor information and to create, launch, and manage online menu, orders, and locations (the "Online Menus and Orders"), (ii) a variety of tools and resources to create, launch, and manage a restaurant web site (the Web site Product), and (iii) a variety of related offerings, including email and premium image hosting services. The Online Menus and Orders Product, the Website Product and any related offerings are referred to in these Terms and Conditions of Use as the "Products"). Cafe Identity's Products may not be used for the collection and sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.

The following are the terms and conditions of Use for access to this web site and use of the Products. By creating an account on the sign-up page, by logging in to your Cafe Identity account or by accessing the Cafe Identity services via any API interface, you accept these terms and conditions of Use.

ACCEPTANCE OF TERMS OF SERVICE
1. As a precondition and requirement to use the services available, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Cafe Identity, its subsidiaries and affiliates. Each Subscriber is subject to these Terms, and by using Cafe Identities Products and services, network and/or systems (collectively the "Products and Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.
2. The Products and Services are available only to Subscribers who can form legally binding contracts under applicable law. Without limiting the foregoing, the Products and Services are not available to individuals under the age of 18. If Subscriber does not qualify, Subscriber is not permitted to use the Products and Services. If Subscribers are using the Products and Services in a capacity as an employee, Subscriber must have the ability to bind Subscribers employer by use of the Product and Services. Subscriber must complete the registration form on the Cafe Identity sign up web page in order to use the Products and Services. Subscriber shall provide true, accurate, current, and complete information as requested in the registration form.
3. The Products and Services are provided subject to these Terms and Conditions of Use, as they may be amended by Cafe Identity, and any guidelines, rules or operating policies that Cafe Identity may establish and post from time to time (collectively, the "Agreement"), including without limitation Cafe Identity's customer Privacy Policy, as linked from Cafe Identity or otherwise furnished to Subscriber (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the cafeidentity.com website, or otherwise providing notice to Subscriber, Cafe Identity may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Products in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on the Product or at Cafe Identity's website. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account.
4. If Subscriber is accessing or using the Products and Services through a Third Party Service, Subscriber agree and acknowledge that Cafe Identity is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. Subscribers use of such Third Party Service is at Subscribers own risk. Subscriber further agrees and acknowledges that Cafe Identity may terminate such Third Party Service's ability to interact with the Products and Services at any time, with or without notice, and in Cafe Identity's sole discretion, with no liability to Subscriber or the third party.
TERM - PAYMENT - RENEWAL OF ACCOUNT
1. Term of Service. The term of Subscriber's subscription to the Products and Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraph 3.1.
2. Payment. Subscriber agrees to pay all applicable fees for Products and Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by Cafe Identity from time to time. Payment for Products and Services will be made by a valid credit card accepted by Cafe Identity. If Subscriber has provided a credit card for payment, Subscriber hereby authorize Cafe Identity to charge credit card for such amounts on a regular monthly basis beginning at the end of or during Subscribers free trial period and continuing until such time as Subscriber terminates account. If Cafe Identity is for any reason unable to effect automatic payment via Subscribers credit card, Cafe Identity will attempt to notify Subscriber via email and Subscribers Cafe Identity account will be disabled until payment is received. Amounts paid for the Products and Services are not refundable.
3. Automatic Renewal of Account. For the Products and Services, once Subscriber has completed the free trial period, Subscriber will be subject to monthly subscription fees in accordance with the Fee schedule and related information (the "Fee Schedule"). The Fees are based on a base monthly subscription, storage use, bandwidth use, compute cycle use, email accounts, and online order delivery. Subscribers are responsible for reviewing the Fee Schedule from time to time and remaining aware of the fees charged by Cafe Identity. The Fee Schedule, including storage limits, bandwidth limits, compute cycle limits, email limits, and online order delivery fees, is subject to change at any time in Cafe Identity's sole discretion. Cafe Identity will use good faith efforts to notify Subscriber via email prior to the effectiveness of any change to the Fee Schedule. If Subscriber receives special discounts through a marketing partner, those discounts may not be available if Subscriber ceases to continue to be a customer of the marketing partner, in which case Cafe Identity's standard rates will apply. Cafe Identity may rely on information provided by the applicable marketing partner, if any, with respect to the status of Subscribers account. Repeated uploading and removing of images and website pages in an attempt to circumvent Cafe Identity's Fee Schedule and billing procedures is prohibited. Subscriber will be required to submit payment monthly on or before the anniversary day of each month for Products and Services rendered the previous month. Access to the Products and Services will be disabled until payment is received. Fees for the Products and Services will be automatically billed, even if Subscribers are not actively using the Products and Services. Subscriber may cancel Products and Services at any time.
4. Custom Design and Programming Fees. Any custom design or programming, ("Custom Work"), will be required to have payment in full at the end or beginning of the custom project dependent on what that project may be. Subscriber will be explained the payment schedule for Custom Work prior to having Cafe Identity start the Custom Work.
5. Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Cafe Identity Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein.
CANCELLATION OF PRODUCTS AND SERVICES
1. Cancellations and Refunds. Subscriber may terminate this Agreement at any time by calling Cafe Identity Customer Support or emailing support@cafeidentity.com. There are no refunds for any fees paid. SUBSCRIBER IS RESPONSIBLE FOR TERMINATING SUBSCRIBERS ACCOUNT AND THIS AGREEMENT AND CAFE IDENTITY IS NOT RESPONSIBLE FOR SUBSCRIBERS FAILURE TO PROPERLY TERMINATE SUBSCRIBERS ACCOUNT AND THIS AGREEMENT AND ANY CREDIT CARD CHARGES AND FEES SUBSCRIBER INCURS AS A RESULT OF SUBSCRIBERS FAILURE TO PROPERLY TERMINATE SUBSCRIBERS ACCOUNT AND THIS AGREEMENT. Cafe Identity may terminate this Agreement or the Products and Services, disable Subscribers account or put Subscribers account on inactive status, in each case at any time with or without cause, and with or without notice. Cafe Identity shall have no liability to Subscriber or any third party because of such termination or action. Cafe Identity shall have the right to bill Subscriber for any fees incurred prior to cancellation. Cafe Identity may delete any of Subscribers archived data within 30 days after the date of termination. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
2. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in Cafe Identities intellectual property or technology nor does it grant a license to any software. Cafe Identity and related trademarks and logos are the exclusive property of Cafe Identity. Subscriber agree that they will not, directly or indirectly, reverse engineer decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products and Services or any software, documentation, or data related to the Products and Services. Nothing herein shall bar Cafe Identity from using any knowledge, information or skills that are generally known or that can be learned or otherwise acquired in the normal course of business.
SECURITY AND OWNERSHIP
1. Site Security, Account ID, Email Address, Passwords. It is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's account ID, password and registered domain name(s). Subscriber agrees to immediately notify Cafe Identity of any unauthorized uses of the Products and Services or any other breaches of security. Cafe Identity will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Products and Services.
2. Access and Control Policy. When a new account, as applicable, is registered with Cafe Identity or with one of its affiliates, the process requires and results in the creation of the following within the records of Cafe Identity, in association with said new account: i) Name of person registering; ii) email address; and iii) secret question and answer; iv) password.
  1. If a person contacts Cafe Identity and claims that she or he is entitled to access to an account, or website but is without access (for any reason such as but not limited to forgotten password, data loss or corruption on personal computer, improperly locked out, and so forth), Cafe Identity will give access and accept instructions of any individual who claims to be authorized to direct changes to Subscribers account so long as such person presents Subscribers account ID, email address and password on-line or account ID, email address, and secret question answer by phone. Cafe Identity has no knowledge of Subscribers organizational structure, if Subscriber is registering for the Products and Services as an entity, or Subscribers personal relationships, if Subscriber is a person. Cafe Identity shall not be responsible for the actions of any individuals who misuse or misappropriate Subscribers contact/customer lists, website, or other assets using Subscribers account access information.
  2. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Cafe Identity arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Cafe Identity from all liability and all claims for damages or any other liability whatsoever that may arise out of Cafe Identities following said policy and procedure.
3. License to Cafe Identity. Cafe Identity claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Café Identity, Subscriber grants to Cafe Identity, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Cafe Identities servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Products and Services as set forth in Paragraph 3.1.
4. Transfer of Ownership. Cafe Identity is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with Cafe Identity or its affiliates. By accessing Cafe Identities system, registering, or using any of the services provided by Cafe Identity, the Subscriber, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with Cafe Identity or any of its affiliates are subject to the terms and conditions of Section 5.5 of these Terms.
  1. Cafe Identity will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Cafe Identity or its affiliates only in the event that at least one of the following occur: i) there is received by the Abuse Manager (abuse@cafeidentity.com) a written statement (in a form acceptable to Cafe Identity or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) Cafe Identity is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (.ICANN.), requiring Cafe Identity(or affiliate) to transfer such ownership to said claimant.
  2. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Cafe Identity; and, further, that any other changes made directly by Subscriber or by others within the online records of Cafe Identity or of its affiliates shall not be deemed effective to give notice to Cafe Identity or its affiliates of any changes in said ownership.
  3. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Cafe Identity; and, further, that any other changes made directly by Subscriber or by others within the online records of Cafe Identity or of its affiliates shall not be deemed effective to give notice to Cafe Identity or its affiliates of any changes in said ownership.
5. Disputing Site or Account Ownership Disputes may arise between or among multiple persons claiming ownership of or rights in a site hosted by Cafe Identity or in an associated Cafe Identity account. Cafe Identity is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Cafe Identity or in an associated Cafe Identity account, and, in Cafe Identities sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Cafe Identity will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Cafe Identity of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Cafe Identity, in its sole judgment, deems to be a reasonable time, then Cafe Identity, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of California, file an interpleader action in a court of competent jurisdiction within the State of California for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Cafe Identity for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Cafe Identity under this section 5.0 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached in said interpleader action. Failure of the rightful owner of said site and/or associated account to cause Cafe Identity to be timely paid in full all of said amounts shall be deemed a breach of these Terms, shall subject the account to immediate termination, and shall entitle Cafe Identity to a judgment against said rightful owner for all costs and all of Cafe Identities expenses relative to said interpleader action including without limit all of Cafe Identities court costs and reasonable attorney fees. No rights enumerated in this section 5.0 shall in any way diminish any other rights of Cafe Identity enumerated in any other section of these Terms, or otherwise available to Cafe Identity at law or in equity.
PRIVACY POLICY
1. Subscriber will adopt and maintain the Privacy Policy, which may be modified by Cafe Identity from time to time. The Privacy Policy is available for review on the Cafe Identity website.
PROHIBITED USES
1. Web Site Hosting. Content, such as images, website pages, html, javascript, css, php, and other content, hosted by Cafe Identity on Cafe Identity servers may only be used in connection with the Products and Services and for no other purpose whatsoever. To the extent Subscriber uses content provided by Cafe Identity, Cafe Identity hereby grants to Subscriber a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with Subsribers use of the Products and Services.
2. Prohibited Content. Cafe Identity prohibits the use of the Products and Services or web site by any person or entity that:
  
  -Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  -Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  -Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers, DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
  -Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  -Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor).
  -Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  -Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  -Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
  -Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  -Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  -Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
3. Other Activities. Engaging in any activity that, in Cafe Identities sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Cafe Identities business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Cafe Identities Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Cafe Identity in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber.
COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, Cafe Identity has adopted a policy that provides for termination of websites hosted by Cafe Identity that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Cafe Identity or a Cafe Identity subsidiary, and the copyright holder wants Cafe Identity to remove the website or disable the material in question, Cafe Identity will remove the website or disable the material if the copyright holder provides us with all of the following information.
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Cafe Identity's contact for copyright issues relating to this web site is as follows:
Cafe Identity
Attn: Compliance
1010 University Ave #1886
San Diego, CA 92103
Phone: (760) 650-2233
Fax: (619) 330-4753
Email: compliance@cafeidentity.com

GENERAL
1. Backups. For its own operational efficiencies and purposes, Cafe Identity from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON CAFE IDENTITYSERVERS, AND under no circumstance will Cafe Identity be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Cafe Identity server.
2. Monitoring and Disclosures. All activities occurring on, in, and/or via the Products and Services or any account and website hosted by Cafe Identity may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Cafe Identity does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Cafe Identity becomes aware of any violation of these Terms, Cafe Identity may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Products and Services, and/or removing non-complying information. In addition, Cafe Identity may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, admin, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, admin, or guest. Cafe Identity reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, admins, or guests of the Subscriber. Cafe Identity may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Cafe Identity or others from harm, and/or to ensure the proper operation of the Services. Cafe Identity has no obligation to notify any person, including the Subscriber about whom information is sought, that Cafe Identity has provided the information.
3. Reservation of Rights. Cafe Identity reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with Cafe Identity.
4. Severability. These Terms are binding upon Cafe Identity, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.
5. Governing Law. These Terms shall be governed by the laws of the State of California without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Products and Services of Cafe Identity, Subscriber agrees that all disputes, if any, involving Cafe Identity shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of California; provided, further, that all action brought against Cafe Identity in State Court must be brought in San Diego County, California and, if in Federal Court, in San Diego County, California. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Cafe Identity. Subscriber hereby waives any and all objections that it has or might have, known or unknown, or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Cafe Identity outside the State of California; and, that Subscriber, if involved before a court in a lawsuit outside of the State of California, shall be deemed to support and to stipulate to a motion made by Cafe Identity to dismiss said lawsuit with respect to Cafe Identity.
6. Forward-Looking Statements. Subscriber acknowledges that this web site contains "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 regarding Cafe Identity. These forward-looking statements regarding Cafe Identity are made as of the date they were first issued and were based on current expectations, estimates, forecasts and projections as well as the beliefs and assumptions of Cafe Identity management. Words such as "expect," "anticipate," "should," "believe," "hope," "target," "project," "goals," "estimate," "potential," "predict," "may," "will," "might," "could," "intend," variations of these terms or the negative of these terms and similar expressions are intended to identify these forward-looking statements. Forward-looking statements are subject to a number of risks and uncertainties, many of which involve factors or circumstances that are beyond Cafe Identity's control. Cafe Identity's actual results could differ materially from those stated or implied in forward-looking statements due to a number of factors, including those risk factors contained in documents that may be filed by Cafe Identity from time to time with the Securities and Exchange Commission. Past performance is not necessarily indicative of future results. Cafe Identity undertakes no intention or obligation to update or revise any forward-looking statements, whether as a result of new information, future events or otherwise.
7. Links to Third-Party Services. This web site may contain links to non-Cafe Identity web sites. These links are provided to Subscriber as a convenience, and Cafe Identity is not responsible for the content of any linked web site. Any non-Cafe Identity web site accessed from this web site is independent from Cafe Identity, and Cafe Identity has no control over the content of that web site. In addition, a link to any non-Cafe Identity web site does not imply that Cafe Identity endorses or accepts any responsibility for the content or use of such web site. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Cafe Identity of that third party or of any product or service provided by a third party.
INDEMNIFICATION - WARRANTY DISCLAIMER - LIMITATIONS
1. Indemnification. Subscriber hereby agree to defend, indemnify and hold harmless Cafe Identity and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages Subscriber distribute using the Products and Services or (iii) arises from Subscribers activities or postings on the Cafe Identity Community, (iv)otherwise arises from or relates to Subscribers use of the Products and Services. In addition, Subscriber acknowledge and agree that Cafe Identity has the right to seek damages when Subscriber use the Products and Services for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. Cafe Identity reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber.
2. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. CAFE IDENTITY HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE PRODUCTS AND SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE PRODUCTS AND SERVICES AND SOFTWARE, OR THAT THE PRODUCTS AND SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PRODUCTS AND SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY CAFE IDENTITY REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. CAFE IDENTITY DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. CAFE IDENTITY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. CAFE IDENTITY DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR CAFE IDENTITY IN PARTICULAR.
3. Limitations of Liability. CAFE IDENTITY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL CAFE IDENTITY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT CAFE IDENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. CAFE IDENTITY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. CAFE IDENTIES ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL CAFE IDENTITIES LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO CAFE IDENTITY FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, CAFE IDENTITIES LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS)
1. Subscriber hereby warrants that Subscriber is not a Restricted Person. For purposes of this Agreement, Subscriber is a Restricted Person if Subscriber or any officer, director, or controlling shareholder of the entity on behalf of which Subscribers are using the Products and Services is (1) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (2) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (3) listed on the Denied Persons List or Entity List by the U.S. Commerce Department; (4) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (5) owned, controlled, or acting on behalf of a Restricted Person. If Subscriber becomes a Restricted Person during the term of this Agreement, Subscriber shall notify Cafe Identity within twenty-four (24) hours, and Cafe Identity shall have the right to terminate any further obligations to Subscriber, effective immediately and with no further liability to Subscriber, but without prejudice to Subscribers outstanding obligations to Cafe Identity.
  
  Subscriber agrees that Subscriber shall not utilize the Products to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. Subscriber may not remove or export from the United States or allow the export or re-export of the Products, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
Miscellaneous
1. If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
2. Cafe Identity and Subscriber agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
3. No agency, partnership, joint venture, or employment is created as a result of the Agreement, and Subscriber does not have any authority of any kind to bind Cafe Identity in any respect whatsoever.
4. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO CAFE IDENTITY SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR CAFE IDENTITY ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.