TERMS OF USE

The Restaurant Ware Collectors Network® has created and maintains the RWCN IDwiki (https://rwcn-idwiki-2.restaurantwarecollectors.com) as a repository of restaurant ware information. In using this website and accessing this content, you are agreeing to comply with and be bound by the following Terms of Use.

Proprietary Rights
The Restaurant Ware Collectors Network® owns, solely and exclusively, all rights, title and interest in and to the RWCN IDwiki, all the content (including, for example, text, photographs, illustrations, graphics, and other visuals), data and materials thereon, the look and feel, design and organization of the RWCN IDwiki, and the compilation of the content, data and materials on the website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein.  Your use of the RWCN IDwiki website does not grant you ownership of any content, data or materials you may access on the website.

Trademarks
The trademarks, including The Restaurant Ware Collectors Network®, RWCN and IDwiki, names, logos, service marks and trade names (collectively the "Trademarks") displayed on the RWCN IDwiki website are exclusive properties and registered and unregistered Trademarks of The Restaurant Ware Collectors Network® and may not be used without our express written permission. Nothing contained on the RWCN IDwiki website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without our written permission. Your misuse of any Trademark is strictly prohibited.

Use of Content
We encourage you to use materials from the RWCN IDwiki website, following these guidelines:

  1. Materials accessed and/or downloaded from the RWCN IDwiki website may only be used for personal, educational or research purposes.
  2. The RWCN IDwiki website and content may not be used for commercial purposes, and data mining, that is the automated and/or systematic collection of data from the RWCN IDwiki website is prohibited.
  3. The RWCN IDwiki may not be copied as a whole or in part, text or images, or used for any purposes other than your own personal research. In other words, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without prior written permission from the Restaurant Ware Collectors Network®.
  4. It is your obligation to determine and satisfy copyright or other use restrictions when accessing materials from the RWCN IDwiki.  If you have questions about the legal issues surrounding the use of digital objects you should contact your attorney.

Privacy Policy
Information provided by you to The Restaurant Ware Collectors Network® while accessing and using the RWCN IDwiki website is governed by our privacy policy.  By using the RWCN IDwiki website, you signify your acceptance of this Privacy Policy.  We encourage you to read the Privacy Policy at your convenience.

Contact Us If Your Material Should Not Be On The RWCN IDwiki Website
The Restaurant Ware Collectors Network® has tried to secure all necessary rights for the content of the RWCN IDwiki website.  If you believe that we have made a mistake, please contact us so that we can correct the oversight. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act in an appropriate manner under such Act and other applicable intellectual property laws, including the removal or disabling of access to material claimed to be subject to infringement.

Disclaimers
All materials and content on the RWCN IDwiki website are provided "as is" without a warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The Restaurant Ware Collectors Network® assumes no responsibility for damage to your computer or other property resulting from your use of the RWCN IDwiki website. You understand and agree that any downloading or obtaining of material or data through the RWCN IDwiki website is done at your own risk.  In addition, we disclaim any and all responsibility or liability for the accuracy, reliability, and legality of materials found on the RWCN IDwiki website.

IN NO EVENT SHALL THE RESTAURANT WARE COLLECTORS NETWORK® OR ANY OF ITS AGENTS, TRUSTEES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE THE RWCN IDWIKI WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.

Some pages on the RWCN IDwiki website include links to other websites.  The Restaurant Ware Collectors Network® has not reviewed all of these websites and is not responsible for the content of these websites.  The Restaurant Ware Collectors Network® provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site.

The Restaurant Ware Collectors Network® offers access to a broad range of information and materials, including certain materials that may contain offensive images or negative stereotypes. You should view such materials in the historical context in which they were created.  All historical media are presented as specific, original artifacts, without further enhancement to their appearance or quality, as a record of the era in which they were produced.

Indemnity
You agree to defend, indemnify and hold the Restaurant Ware Collectors Network® and its agents, Trustees and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from or relating to your use of the RWCN IDwiki website, your placement or transmission of any message, content, information, software or other materials through the RWCN IDwiki website, or your breach or violation of the law or of these Terms of Use.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Applicable Law
Your access of the RWCN IDwiki website under these Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of California, United States of America, excluding (a) its conflicts of law rules and (b) the United Nations Convention on Contracts (including all related protocols). Any dispute, claim or action related to your access of the RWCN IDwiki website under these Terms of Use shall be resolved by arbitration under the Federal Arbitration Act, 9 USC § 1-19 of the United States of America, and you further agree and submit to the exercise of personal jurisdiction of such arbitrator(s) for the purpose of litigating any such claim or action.

Notwithstanding any provision of this section of the Terms of Use, the Restaurant Ware Collectors Network®, its agents, Trustees and affiliates, shall be free to seek interim or injunctive relief before any court of competent jurisdiction for a breach or a threatened breach of any provision of these Terms of Use that may, in our absolute discretion, require an urgent remedy. For the purposes of the foregoing, you expressly attorn to the jurisdiction of the federal courts of the State of California, United States of America and waive any claim or defense that such forum is not appropriate. You agree that the limitations on liability, disclaimers and indemnity provisions of these Terms of Use are for the benefit of the Restaurant Ware Collectors Network®.

The substantive law of the State of California (excluding its conflicts of law provisions) shall apply to all disputes and these Terms of Use. If there is a difference between the Federal Arbitration Act and California law, the Federal Arbitration Act controls. In any circumstances where the foregoing Terms of Use permit the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the federal courts located within San Francisco, California for such purposes.

Arbitration
Please read this carefully if you are a resident of the United States of America.  It affects your rights. Depending on your place of residence, these Terms of Use may not apply to you.

(a) US Residents: To the fullest extent permissible by law, with the exception of disputes pertaining to the Restaurant Ware Collectors Network® intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Restaurant Ware Collectors Network® arising under these Terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any California state or federal court with substantial relevant experience and shall follow California substantive law in adjudicating the dispute, except that this Section 24 shall be construed as a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and we agree that we intend that this Section 24 satisfies the “writing” requirement of the FAA. The hearing shall be conducted in San Francisco, California, United States of America.  AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.

(b) Non-Us Residents: If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to these Terms of Use, then you and we agree to send a written notice to the other providing a reasonable description of this Section 24(b) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. If no such information exists or if such information is not current, then, we have no obligation under this section. Your notice must be sent to us at ContactUs@restaurantwarecollectors.com. For a period of sixty (60) days from the date of receipt of notice from the other party, the Restaurant Ware Collectors Network® and you will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or the Restaurant Ware Collectors Network® to resolve the Section 24(b) dispute on terms either you or the Restaurant Ware Collectors Network®, in each of our sole discretion, are uncomfortable. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.

Severability
The provisions of these Terms of Use are intended to be severable.  If for any reason any provision of these Terms of Use are held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of the Restaurant Ware Collectors Network® and its agents, Trustees or affiliates to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.