Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of The Cheesecake Factory (defined below).
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE CHEESECAKE FACTORY INCORPORATED AND ITS AFFILIATES AND SUBSIDIARIES(COLLECTIVELY "THE CHEESECAKE FACTORY") ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE CHEESECAKE FACTORY OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES. PRIOR TO MAKING AN INVESTMENT DECISION RELATED TO THE CHEESECAKE FACTORY INCORPORATED, PLEASE CONSULT AVAILABLE SOURCES, INCLUDING THE CHEESECAKE FACTORY INCORPORATED'S FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by The Cheesecake Factory or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without The Cheesecake Factory’s express written consent. All rights not expressly granted are reserved.
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to The Cheesecake Factory, and that in the event of an unauthorized use The Cheesecake Factory shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
SUBMISSIONS AND USE OF THIS SITE
You agree not to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit material that are unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
The Cheesecake Factory does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when The Cheesecake Factory’s products or marketing strategies might seem similar to ideas submitted to The Cheesecake Factory. So, please do not send your unsolicited ideas to The Cheesecake Factory or anyone at The Cheesecake Factory.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of The Cheesecake Factory without compensation to you or any other person or party; (2) the Cheesecake Factory will consider the submission to be non-confidential and non-proprietary; (3) the Cheesecake Factory shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) the Cheesecake Factory may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another.
PRODUCT SALES AND AVAILABILITY
All prices displayed on this Site are in U.S. Dollars and are valid and effective only within the United States. The Cheesecake Factory reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
Some links on this Site will redirect you to sites not under the control of The Cheesecake Factory. The appearance of a link on this Site does not imply The Cheesecake Factory's support or endorsement, nor is The Cheesecake Factory responsible for the content found on any linked site. You access linked sites at your own risk.
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
You agree to indemnify, defend and hold harmless The Cheesecake Factory, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, or (iii) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, THE CHEESECAKE FACTORY MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
The Cheesecake Factory does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if The Cheesecake Factory is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. The Site may contain links or information which includes press releases or forward-looking statements as defined by the U.S. Private Securities Litigation Reform Act of 1995. The information contained within any press releases issued by The Cheesecake Factory should not be deemed accurate or current except as of the date the release was posted. Any forward-looking statements on or available through this Site are based on The Cheesecake Factory’s expectations as of the date such forward-looking statements are made and are neither predictions nor guarantees of future events or circumstances. The Cheesecake Factory assumes no obligation to update any of these forward-looking statements and assumes no liability for any inaccuracies or incorrect predictions in the forward-looking statements. To the extent any information from this Site is forward-looking, it is intended to fit within the safe harbor for forward-looking statements. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY
THE CHEESECAKE FACTORY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. THE CHEESECAKE FACTORY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF THE CHEESECAKE FACTORY IS NEGLIGENT OR IF THE CHEESECAKE FACTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE CHEESECAKE FACTORY BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. THE CHEESECAKE FACTORY'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Failure or delay by The Cheesecake Factory to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by The Cheesecake Factory of any provision shall be deemed to have been made unless made in writing.