By using this site (the "Site"), you ("you"
or the "End User") agree to the terms and conditions that
we ("China Hill Restaurant") have provided. If you do not wish
to agree to the outlined terms and conditions (the "Terms of
Use" or "Agreement"), please refrain from using the
China Hill Restaurant reserves the right to make any changes to our Terms
reference) as we deem necessary or desirable without prior notification
to you. We suggest to you, therefore, that you re-read this important
to time in order that you stay informed as to any such changes.
continue to use our Site, you are impliedly agreeing to the Terms
"China Hill Restaurant" provides an interactive online service
operated by Yu Creation. on the World Wide Web of the Internet
(the "Web"), consisting of information services, content
and transaction capabilities provided by China Hill Restaurant, affiliates
of China Hill Restaurant and other third parties.
This Agreement sets forth the terms and conditions that apply to
the use of this Site by the End User. By using this Site (other
than to read this Agreement for the first time), End User agrees
to comply with all of the terms and conditions hereof. The right
to use this Site is personal to End-User and is not transferable
to any other person or entity. End User shall be responsible for
protecting the confidentiality of End User's password(s), if any.
End User acknowledges that, although the Internet is often a secure
environment, sometimes there are interruptions in service or events
that are beyond the control of China Hill Restaurant, and China Hill Restaurant
shall not be responsible for any data lost while transmitting information
on the Internet. While it is China Hill Restaurant's objective is
to make the Site accessible 24 hours per day, 7 days per week, the
Site may be unavailable from time to time for any reason including,
without limitation, routine maintenance. You understand and acknowledge
that due to circumstances both within and outside of the control
of China Hill Restaurant, access to the Site may be interrupted, suspended
or terminated from time to time.
China Hill Restaurant shall have the right at any time to change or discontinue
any aspect or feature of China Hill Restaurant, including, but not limited
to, content, hours of availability and equipment needed for access
or use. Further, China Hill Restaurant may discontinue disseminating any
portion of information or category of information, may change or
eliminate any transmission method and may change transmission speeds
or other signal characteristics.
3. Modified Terms.
China Hill Restaurant reserves the right at all times to discontinue or
necessary or desirable without prior notification to you. Such changes
may include, among other things, the adding of certain fees or charges.
We suggest to you, therefore, that you re-read this important notice
in order that you stay informed as to any such changes. If we make
shall be effective immediately upon China Hill Restaurant's posting thereof.
Any use of China Hill Restaurant by End User after such notice shall be
deemed to constitute acceptance by End User of such modifications.
End User shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access
to and use of this Site and all charges related thereto. China Hill Restaurant
shall not be liable for any damages to the End User's equipment
resulting from the use of this Site.
5. End User Conduct.
This Site and any individual microsites now or hereinafter
contained within or otherwise available through external hyperlinks
with our Site (the "Microsites") are private property.
All interactions on this Site and/or the Microsites must comply
interaction on our Site, we do insist and require that all end users
restrict any and all activity in connection with the use of this
Site and the Microsites to that which involves lawful purposes only.
End User shall not post or transmit through this Site any material
which violates or infringes in any way upon the rights of others,
or any material which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise
violate any law, or which, without China Hill Restaurant's express prior,
written approval, contains advertising or any solicitation with
respect to products or services. Any conduct by an End User that
in China Hill Restaurant's exclusive discretion restricts or inhibits any
other End User from using or enjoying this Site and/or any of the
Microsites is strictly prohibited. End User shall not use this Site
or any of the Microsites to advertise or perform any commercial,
religious, political or non-commercial solicitation, including,
but not limited to, the solicitation of users of this Site and/or
the Microsites to become users of other on- or offline services
directly or indirectly competitive or potentially competitive with
China Hill Restaurant.
The foregoing provisions of this Section 5 apply equally to and
are for the benefit of China Hill Restaurant, its subsidiaries, affiliates
and its third party content providers and licensors, and each shall
have the right to assert and enforce such provisions directly or
on its own behalf.
6. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites,
is the exclusive property of Yu Creation. or used with express
permission of the copyright and/or trademark owner. ANY COPYING,
DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE
MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS
WRITTEN PERMISSION OF YU CREATION. IS STRICTLY PROHIBITED.
Any violation of this policy may result in a copyright, trademark
or other intellectual property right infringement that may subject
End User to civil and / or criminal penalties.
This Site contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, software, photos,
video, graphics, music, sound, and the entire contents of China Hill Restaurant
protected by copyright as a collective work under the United States
copyright laws. China Hill Restaurant owns a copyright in the selection,
coordination, arrangement and enhancement of such content, as well
as in the content original to it. End User may not modify, publish,
transmit, participate in the transfer or sale, create derivative
works, or in any way exploit, any of the content, in whole or in
part. End User may download / print / save copyrighted material
for End User's personal use only. Except as otherwise expressly
stated under copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded material without
the express permission of China Hill Restaurant and the copyright owner
is permitted. If copying, redistribution or publication of copyrighted
material is permitted, no changes in or deletion of author attribution,
trademark legend or copyright notice shall be made. End User acknowledges
that he/she/it does not acquire any ownership rights by downloading
copyrighted material. Trademarks that are located within or on the
Site or a Web site otherwise owned or operated in conjunction with
China Hill Restaurant shall not be deemed to be in the public domain but
rather the exclusive property of China Hill Restaurant, unless such site
is under license from the Trademark owner thereof in which case
such license is for the exclusive benefit and use of China Hill Restaurant,
unless otherwise stated.
End User shall not upload, post or otherwise make available on
this Site any material protected by copyright, trademark or other
proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right. China Hill Restaurant
does not have any express burden or responsibility to provide End
User with indications, markings or anything else that may aid End
User in determining whether the material in question is copyrighted
or trademarked. End User shall be solely liable for any damage resulting
from any infringement of copyrights, trademarks, proprietary rights
or any other harm resulting from such a submission. By submitting
material to any public area of this Site, End User warrants that
the owner of such material has expressly granted China Hill Restaurant
the royalty-free, perpetual, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or
to incorporate it in other works in any form, media or technology
now known or hereafter developed for the full term of any copyright
that may exist in such material. End User also permits any other
end user to access, view, store or reproduce the material for that
end user's personal use. End User hereby grants CHINA HILL RESTAURANT the
right to edit, copy, publish and distribute any material made available
on this Site by End User.
The foregoing provisions of Section 6 apply equally to and are
for the benefit of CHINA HILL RESTAURANT, its subsidiaries, affiliates
and its third party content providers and licensors and each shall
have the right to assert and enforce such provisions directly or
on its own behalf.
7. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES
IS AT END USER'S SOLE RISK. NEITHER CHINA HILL RESTAURANT, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS
THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE
PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY
ACKNOWLEDGES THAT China Hill Restaurant IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND
THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END
IN NO EVENT SHALL China Hill Restaurant, OR ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE OR THE CONTENTS
HEREOF, INCLUDING THE MICROSITES AND ANY SOFTWARE, BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THIS SITE. END USER HEREBY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS
SITE AND THE MICROSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER CHINA HILL RESTAURANT,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL
BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN THIS SITE OR ANY OF THE MICROSITES,
OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO
THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST
PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
China Hill Restaurant IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER,
SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS SITE OR ANY
OF THE MICROSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS
OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY CHINA HILL RESTAURANT.
MOREOVER, CHINA HILL RESTAURANT RESERVES THE RIGHT TO EDIT, CHANGE, ALTER,
DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, CHINA HILL RESTAURANT,
China Hill Restaurant shall have the right, but not the obligation, to
monitor the content of the Site at all times, including any chat
rooms and forums that may hereinafter be included as part of the
Site, to determine compliance with this Agreement and any operating
rules established by China Hill Restaurant, as well as to satisfy any applicable
law, regulation or authorized government request. Without limiting
the foregoing, China Hill Restaurant shall have the right to remove any
material that China Hill Restaurant, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
End User acknowledges that all discussion for ratings, comments,
bulletin board service, chat rooms and/or other message or communication
facilities (collectively "Communities") are public and
not private communications, and that, therefore, others may read
End User's communications without End User's knowledge. China Hill Restaurant
does not control or endorse the content, messages or information
found in any Community, and, therefore, China Hill Restaurant specifically
disclaims any liability concerning the Communities and any actions
resulting from End Users participation in any Community, including
any objectionable content. Generally, any communication which End
User posts to China Hill Restaurant (whether in chat rooms, discussion
groups, message boards or otherwise) is considered to be non-confidential.
If particular web pages permit the submission of communications
that will be treated by China Hill Restaurant as confidential, that fact
will be stated on those pages. By posting comments, messages or
other information on the Site, End User grants China Hill Restaurant the
right to use such comments, messages or information for promotions,
advertising, market research or any other lawful purpose. For more
10. License Grant.
By posting communications on or through this Site, End User shall
be deemed to have granted to China Hill Restaurant a royalty-free, perpetual,
irrevocable, non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication
alone or as part of other works in any form, media, or technology
whether now known or hereafter developed, and to sublicense such
rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless China Hill Restaurant,
its affiliates and their respective directors, officers, employees
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of this Site and/or the Microsites
by End User.
China Hill Restaurant may terminate this Agreement at any time. Without
limiting the foregoing, China Hill Restaurant shall have the right to immediately
terminate any passwords or accounts of End User in the event of
any conduct by End User which China Hill Restaurant, in its sole discretion,
considers to be unacceptable, or in the event of any breach by End
User of this Agreement. The provisions of Sections 3, 5, 6, 7, 10,
11, 12 will survive termination of this Agreement.
China Hill Restaurant is a trademark of China Hill Restaurant, Inc. All rights
in respect of this trademark are hereby expressly reserved. Unless
otherwise indicated, all other trademarks appearing on China Hill Restaurant
are the property of their respective owners.
14. Third Party Content.
China Hill Restaurant, similar to an Internet Service Provider, is a distributor
(and not a publisher) of content supplied by third parties and End
Users. Accordingly, China Hill Restaurant has no more editorial control
over such content than does a public library, bookstore or newsstand.
Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, or any other end users are those of the respective
author(s) or distributors) and not of China Hill Restaurant. Neither chinahilltogo.com
nor any third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above
for the complete provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through this Site represents
the opinions and judgments of the respective information provider,
end user, or other user not under contract with China Hill Restaurant.
China Hill Restaurant neither endorses or is responsible for the accuracy
or reliability of any opinion, advice, or statement made on China Hill Restaurant
by anyone other than authorized China Hill Restaurant employee spokespersons
while acting in official capacities. Under no circumstances will
China Hill Restaurant be liable for any loss or damage caused by an end
user's reliance on information obtained through China Hill Restaurant.
It is the responsibility of End User to evaluate the accuracy, completeness,
or usefulness of any information, opinion, advice, etc., or other
content available through China Hill Restaurant.
China Hill Restaurant contains links to third party Web sites maintained
by other content providers. These links are provided solely as a
convenience to you and not as an endorsement by China Hill Restaurant of
the contents on such third-party sites and China Hill Restaurant hereby
expressly disclaims any representations regarding the content or
accuracy of materials on such third-party Web sites. If End User
decides to access linked third-party Web sites, End User does so
at its own risk. Unless you have executed a written agreement with
China Hill Restaurant expressly permitting you to do so, you may not provide
a hyperlink to the Site from any other website. China Hill Restaurant reserves
the right to revoke its consent to any link at any time in its sole
This Agreement and any operating rules for China Hill Restaurant established
by China Hill Restaurant constitute the entire agreement of the parties
with respect to the subject matter hereof. No waiver by either party
of any breach or default hereunder is a waiver of any preceding
or subsequent breach or default. The section headings used herein
are for convenience only and shall be of no legal force or effect.
If any provision of this Agreement is held invalid by a court of
competent jurisdiction, such invalidity shall not affect the enforceability
of any other provisions contained in this Agreement and the remaining
portions of this Agreement shall continue in full force and effect.
The failure of either party to exercise any of its rights under
this Agreement shall not be deemed a waiver or forfeiture of such
rights or any other rights provided hereunder.
China Hill Restaurant's headquarters is in Texas.
Legal issues arising out of, but not exclusive to the use of, this
Site or the Microsites (unless otherwise specifically stated) are
governed by and in accordance with the laws of the State of Illinois
(exclusive of its rules regarding conflicts of laws). By using this
Site, End User agrees that any dispute or claim arising out of or
in connection with this Agreement or the performance, breach or
termination thereof, or the Site or any Microsite, shall be finally
settled by arbitration in Texas under the rules of arbitration
of the American Arbitration Association.