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PRIVACY

In accordance with the California Consumer Privacy Act (CCPA), we must identify to you how we use your Personal Information.

BEETS HOSPITALITY GROUP DOES NOT SELL THE PERSONAL INFORMATION OF ANY CLIENT; NOR DOES BEETS HOSPITALITY GROUP SHARE INFORMATION OTHER THAN TO RUN OUR BUSINESS.

In conducting our normal business operations, some of your information is shared with third parties (including, but not limited to: answering your phone calls, responding to emails, detailing your event). In order to perform these functions, Beets Hospitality Group collects personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (“Personal Information”) within this Agreement, within the services it provides Client, and most often, through the online portal available through the Beets Hospitality Group website. Such Personal Information may include but not be limited to the following: names, postal address, Internet Protocol address, email address, financial information such as bank account number or debit/credit card numbers, signatures, photographs, customer preferences, and purchasing history. Beets Hospitality Group collects most of this Personal Information directly from the Client in person, by telephone, text, email, or via our website. However, Beets Hospitality Group may also collect information from publicly accessible sources, directly from a third-party such as but not limited to a Vendor, from cookies on the Beets Hospitality Group website, and internal information technology systems. Beets Hospitality Group uses Personal Information for the following reasons: providing Client services under this Agreement, maintaining and/or serving Client accounts, and processing Client payments. We may share Personal Information with Vendors and other service providers contracted to help deliver products and services to Client, our affiliate entities collectively referenced herein as Beets Hospitality Group, other third parties used to help Beets Hospitality Group run its businesses, such as marketing and website service providers, and social media sites.

Each Client has the right under privacy and data protection laws, as applicable, to exercise free of charge to the Client the following: disclosure of the Personal Information Collected by Beets Hospitality Group (including: categories collected; categories of sources; the business and/or commercial purposes; the categories of third-parties; and specific pieces of Personal Information collected); disclosure of Personal Information used for a business purpose (including: the categories, if any, or disclosed to a third-party for a business purpose); the Right to Deletion; the Right to Opt-Out of the disclosure of Personal Information; and protection against discrimination.

The third-parties where Personal Information is shared for a business purpose in assisting Beets Hospitality Group in serving the Client include: 8x8 Voice Services (our phone provider); 360 Payments, Inc. (our credit card processor); FileMaker Pro (our database purveyor); Microsoft Outlook (our email program); and Lanlogic (our email servicer).

Clients have the Right to Deletion. Subject to certain exceptions as set in this paragraph, on receipt of a verifiable request from the Client, Beets Hospitality Group will delete Personal Information from our records. The client is also encouraged to contact the third-parties above to exercise their Right to Deletion. However, Beets Hospitality Group will not delete Personal Information if it is necessary to: complete the transaction for which the Personal Information was collected, provide a good or service requested by Client, or reasonably anticipated within the content of the ongoing business relationship with Client, or otherwise perform a contract between Beets Hospitality Group and Client; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for the activity; debug to identify and repair errors that impair existing intended functionality; exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; comply with the California Electronic Communications Privacy Act or any other local, state, or federal laws; engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when deletion of the information is likely render impossible or seriously impair the achievement of such research, provided Beets Hospitality Group has obtained Client’s informed consent; enable solely internal uses that are reasonably aligned with Client expectations based on the business relationship between Beets Hospitality Group and Client; and otherwise use Personal Information, internally, in a lawful manner that is compatible with the context in which Client provided the information.

Although we do not sell or share your Personal Information unless needed to run our business operations, we are required to inform you of your rights. The Client has the Right to Opt Out of the disclosure of Personal Information, such as using images for social media and marketing activites. Beets Hospitality Group may disclose to a third-party Personal Information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Client has the right under the California Consumer Privacy Act of 2018 and certain other privacy and data protection laws, as applicable, to opt out of the sale or disclosure of his or her Personal Information. If Client opts out of the disclosure of his or her Personal Information, Beets Hospitality Group will refrain from selling or disclosing Client’s Personal Information, unless Client subsequently provides express authorization to do so. However, such opt out may prevent Beets Hospitality Group from providing contracted services to Client. To exercise opt out rights, a Client must request so in writing or email us at webmaster@beetshospitality.com.

The Client has the Right to not be discriminated against by Beets Hospitality Group because the Client exercised any of his or her rights under privacy laws. This means that Beets Hospitality Group cannot deny goods or services, charge different prices or rates for goods or services (including through the use of discounts or other benefits of imposing penalties), provide a different level of quality, or suggest that the Client will receive a different price or rate or a different level of services unless such difference is reasonably related to the value provided to the Client by the Client’s Personal Information.

In addition to the provisions related to Client’s privacy rights herein, Client should review the Beets Hospitality Group website for additional privacy policies.

Transaction & Credit Card On File - Terms And Conditions

All Clients entering into an Event Agreement (“Event Agreement”) with Beets Catering, Inc. must have a Credit Card on file and/or saved in the client’s account on our client payment gateway (the “Client Portal”).

All terms capitalized and not defined herein are defined within the Event Agreement which is incorporated by referenced herein. All deposits and payments are non-refundable and non-transferrable subject to the Force Majeure clause of the Event Agreement. Client recognizes and agrees that by entering into the Event Agreement with Beets Catering, Inc., Beets Catering Inc. (D.B.A. Beets Hospitality Group, Palm Event Center in the Vineyard, Casa Real at Ruby Hill Winery) (collectively, “Beets Hospitality Group”) Beets Hospitality Group is reserving its facility and the services of its staff, and thereby forfeiting the opportunity to enter into agreements to provide the facility and its services to other clients. Due to this and other factors, including the difficulty of rebooking a date, Client recognizes and agrees that actual damages would be extremely difficult or impractical to fix, that the required deposits and payments (e.g. Initial Deposit, Second Deposit, and Final Payment) are reasonable representations of the losses that would be incurred by Beets Hospitality Group should the Client cancel the contracted Event, and that Beets Hospitality Group shall therefore be entitled to keep said deposits and payments as liquidated damages.

By acknowledging the Transaction & Credit Card on File – Terms and Conditions, Client agrees they have reviewed the charges as outlined in the Event Agreement and agree to the terms. All delinquent payments will be subject to a late payment fee of Twenty-Five Dollars ($25.00) a day and accepted forms of payment may be limited. Any outstanding balance, additional costs, incidentals and/or damages remaining after the Event are due within five (5) days following the Event. Unless an alternate form of payment has been submitted by the fifth (5th) day, the Credit Card on File will be charged without Client approval.

Client is responsible for ensuring that all third-party payors (e.g. Parents, grandparents and other relatives): 1) receive a copy of the Event Agreement and read it carefully; 2) authorize any and all charges described in the Agreement; and 3) are informed that all payments made to Beets Catering Inc. are non-refundable and non-transferrable. Beets Catering, Inc. disclaims any and all liability for payments and/or Deposits made by a third party on the Client’s behalf and/or by the Client on a third party’s behalf. By entering a payment method on file or processing a transaction through this site, Client agrees that they hold the authority to authorize any and all charges.

  • Client releases acknowledges the following representations made regarding the Client Portal by Beets Hospitality Group:
    • At all times, Beets Hospitality Group has taken all reasonable steps (including, without limitation, implementing, maintaining, and monitoring compliance with government-issued or industry standard measures with respect to administrative, technical and physical security) to ensure that all Personal Information in its possession or control is protected against damage, loss, and against unauthorized access, acquisition, use, modification, disclosure or other misuse.

Beets Hospitality Group contractually requires all third-parties, including vendors, affiliates, and other persons providing services to Beets Hospitality Group that have access to or receive Personal Information from or on behalf of Beets Hospitality Group to comply with all applicable privacy laws, and laws that pertain to financial information, and to take all reasonable steps to ensure that all Personal Information in such third parties' possession or control is protected against damage, loss, and against unauthorized access, acquisition, use, modification, disclosure or other misuse. By entering and saving a payment method in the ‘wallet’ associated with your personal Client Portal account, you acknowledge that Beets Hospitality Group’s employees can make a payment on your behalf with your verbal or written approval.

Client acknowledges that Beets Hospitality Group has provided a convenient platform for online payments utilizing a reputable and secure third-party payment gateway and payment processor. However, Beets Hospitality Group is not liable for any transaction errors or data breaches to the extent that such error or breach is the result of a third-party. Beets Hospitality Group merchant services provider is 360 Payments (www.360payments.com). All payment method information saved in your wallet is encrypted and saved in 360 Payment’s Velox Payment Gateway. All payments are processed through TSYS TransFirst. For more information about these products and services, please contact 360 Payments.

Client acknowledges that information displayed on this site (specifically payment summary information, invoices, and payment history) is merely for the Client’s convenience and may not be accurate at all times. Client is still responsible for all products and services incurred due to their Event regardless of the information displayed in their personal Client Portal account. To receive the most accurate information regarding your Event, contact the wedding sales team.

To access certain features or areas of the Client Portal, you may be required to provide personal and demographic information as part of a registration or log-in process. In addition, certain features of the Client Portal may only be available to our registered users. To access those areas of the Client Portal you will be required to log-in using your username and password. You are responsible for all activity occurring when the Client Portal is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Client acknowledges he or she, and all of his or her third-party payors have read the Beets Hospitality Group Privacy Policy regarding the collection and use of Personal Information.

TERMS OF SERVICE

OVERVIEW

This website is operated by Beets Catering, Inc., also doing business as the Palm Event Center in the Vineyard (“Palm”) and/or Casa Real at Ruby Hill Winery (“Casa Real”), hereinafter collectively “Beets Hospitality Group.” Throughout the site, the terms “Company,” “we,” “us,” and “our” refer to Beets Hospitality Group. Beets Hospitality Group offers this website, as well as any other websites owned and operated by the Company and any other mobile applications or other presence on various social networking platforms that we own or operate that link to these Terms (collectively, the “Site”), including all information, tools, and services available from this site to the user (herein “you”), conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site, processing transactions, and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by the Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this webpage. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE PAYMENT AND STORE TERMS

Our Client Payment Gateway is hosted by 360 Payments. They provide us with the online e-commerce platform that allows us to process your transactions and sell our products and services to you.

You acknowledge that Beets Hospitality Group has provided a convenient platform for online payments utilizing a reputable and secure third-party payment gateway and payment processor. However, Beets Hospitality Group is not liable for any transaction errors or data breeches to the extent that such error or breach is a result of a third-party. All payment method information saved in your wallet is encrypted and saved in 360 Payment’s VELOX Payment Gateway. All payments are processed through TSYS TransFirst. For more information about these services and products, please contact 360 Payments.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to all any of your minor dependents to use this site.

We control and operate the Site from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card and bank account information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

To access certain features or areas of the Site, you may be required to provide personal and demographic information as part of the registration or log-in process. In addition, certain features of the Site may only be available to registered users. To access those areas of the Site, you will be required to log in using your username and password. You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not (this includes payments made through the site). Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site 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 this Site is at your own risk.

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product and service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or services if any information in the Service or any related website is inaccurate at any time without prior notice (including after your have submitted your order).

You acknowledge that the information displayed on this site (including but not limited to: payment summary information, invoices, payment history, and product and service pricing) is merely for your convenience and may not be accurate at all times. You are still responsible for all products and services incurred for your event, regardless of the information displayed on the Site.

This Site 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 this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without any limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be made available exclusively through our Site. These products or services may have limited quantities.

We have made every effort to display as accurately as possible the colors and images of our products and services that appear on the Site. We cannot guarantee that your computer/mobile/tablet monitor display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products, services, or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site is void where prohibited.

We do not warrant that the quality of products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, nor have any control, nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools.

Any use of you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

SECTION 7 – THIRD-PARTY LINKS AND RECOMMENDATIONS

Certain content, products and services available via our Service may include materials from third-parties.

Third-Party links on this Site may direct you to third-party websites that are not affliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We you visit a linked site, you should read the Terms of Use and Privacy Policy that govern that particular linked website.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

Please be advised that any recommendation provided by Beets Hospitality Group regarding a specific vendor does not constitute a promise. A vendor, including but not limited to, its subsidiaries and affiliates, may lose eligibility to work on-site or deliver product(s)/services if they violate their agreement with us. Beets Hospitality Group does not make any express or implied representations or warranties, including representations or warranties regarding the vendor’s performance and reliability. Use the materials provided on this Site at your own risk.

SECTION 8 – PERSONAL INFORMATION

Your submission of personal information to the Site is governed by our Privacy Policy. To view our Privacy Policy, please visit: www.beetshospitality.com/privacy.

SECTION 9 – PROTECTION OF INTELLECTUAL PROPERTY CONTENT

Our Site contains or uses copyrighted material, inventions, know-how, potentially patentable business method material, design logos, phrases, names, logos, HTML code, and/or other computer code and/or scripts (collectively “Intellectual Property Content”). Unless otherwise indicated and/or provided pursuant to a third-party license, our Intellectual Property Content is our sole property, and we retain all appurtenant rights, interests, and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the “look,” “feel,” “appearance,” and “graphic function” of this Site, including but not limited to its color combinations, sounds, layouts, and designs.

You agree and acknowledge that your use of this Site does not confer upon you any license or permission to use our (or any third-party’s) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, including but not limited to Submitted Information contributed by you or any other user, or use our Intellectual Property Content in any other way for public or commercial purposes. You shall also not share any Intellectual Property Content with other businesses, including competitors and non-competitors. All other trademarks, service marks and copyrights are held by their rightful owners. You may not frame or link to the Site without our prior written permission.

The Site contains trademarks, trade names, trade dress, service marks, domain names, or other indicia of ownership (collectively the “Marks”) owned or licensed for use by us, including but not limited to Beets Catering, Inc., Beets Hospitality Group, Casa Real at Ruby Hill Winery, and the Palm Event Center in the Vineyard, and associated logos. Unless otherwise agreed to in writing, you agree that no right, property, license, permission or interest of any kind in or to the Marks is or is intended to be given or transferred to or acquired by you pursuant to the execution, performance or non-performance of this Agreement or any part thereof. You shall in no way contest or deny the validity of, our right of title to or license of use for, the Marks, and you shall not encourage or assist others directly or indirectly to do so, during the lifetime of this Agreement and thereafter. You shall not utilize the Marks or any similar marks in any manner that would diminish their value or harm their reputation. You shall not use or register any domain name, trademark or service mark that is identical to or similar to any of the Marks.

SECTION 10 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content:

  1. For any unlawful purpose;
  2. To solicit others to perform or participate in any unlawful acts;
  3. To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
  4. To infringe upon or violate our Intellectual Property Rights or the Intellectual Property rights of others;
  5. To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
  6. To submit false or misleading information;
  7. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
  8. To collect or track the personal information of others;
  9. To spam, phish, pharm, pretext, spider, crawl, or scrape;
  10. For any obscene or immoral purpose;
  11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
  12. To reverse engineer the Site or its systems or to gain unauthorized access to any areas of the Site, or any other systems or networks connected to the Site, or to any of the services offered on or through the Site that are not intended for access by you, by hacking, password “mining” or any other illegitimate means.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 11 – DISCLAMIER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, mechantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Beets Catering, Inc., also doing business as the Palm Event Center in the Vineyard (“Palm”) and/or Casa Real at Ruby Hill Winery (“Casa Real”), hereinafter collectively “Beets Hospitality Group,” our Directors, Officers, Employees, Affiliates, Agents, Contractors, Interns, Suppliers, Service Providers, or Licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement cots, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products/services procured using the Service, or for any other claim related in any way to your use of the Service or any product/service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product/service) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Beets Hospitality Group, its subsidiaries and affiliate companies and each of their respective officers, shareholders, employees, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or rights of a third-party.

SECTION 13 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Service (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT

The failure for us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 16 – ARBITRATION

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration at the JAMS’ Walnut Creek office (or the closest office to Pleasanton, CA) before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

SECTION 17 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws the State of California without giving effect to any choice or conflict of law provision.

SECTION 18 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this webpage.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 19 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at webmaster@beetshospitality.com.