TERMS & CONDITIONS

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Welcome to www.sdthai.com (the “Site”). The documents, data, information and
other materials [collectively the “Material(s)”] contained on the Site are provided by
House Enterprises, Inc dba Supannee House of Thai & Catering (SHOT), exclusively
for non­commercial, individual use to inquire about Supannee House of Thai &
Catering food and related services and for no other purpose (“Authorized Users”). By
using the Site, you agree to all of the Terms of Use set forth below. Please read them
carefully. If you do not wish to agree to the Terms of Use, please refrain from using
the Site.

BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR
CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND
ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE
“AGREEMENT”) WITHOUT MODIFICATION. If you are not an Authorized User,
and if you do not agree to the terms of this Agreement, you may not use this Site.

AGREEMENT FOR USE​
.

You warrant that you are at least 18 years of age and possess the legal authority to
enter into this Agreement and to use this Site in accordance with all terms herein. You
agree to be financially responsible for all of your use of this Site (as well as for use of
your account by others, including without limitation minors living with you). You
agree to supervise all usage by minors of this Site under your name or account. You
also warrant that all information supplied by you or members of your household in
using this Site is true and accurate and without limitation. You agree that if ordering
facilities are made available for your use through the Site, the ordering facilities shall
be used only to make legitimate purchases for you or for other people for whom you are legally authorized to act. You understand that overuse or abuse of the ordering
facilities of this Site may result in your being denied access to such facilities.

For any ordering or other services for which fees may be charged, you agree to abide
by the terms and conditions of purchase imposed, including, but not limited to,
payment of all amounts when due and compliance with all rules and restrictions
regarding availability of rates, products, or services. You shall be completely
responsible for all charges, fees, duties, taxes, and assessments arising out of the use
of the Site.

MINORS​
.

This Site is for a general audience and is not designed nor intended to collect personal
information from children under the age of 13. SHOT does not knowingly collect
personal information from anyone under the age of 13. We ask that parents supervise
their children while online.

WIRELESS RESERVATIONS​
.

Functionality is not guaranteed with all types of mobile devices in using this Site. In
addition, the connection to a mobile device will not work if your device is not
configured for SSL encryption. You should contact your service provider directly for
technical assistance or any questions. Please note that security features vary by
carrier/service provider and mobile device. Additional minutes/charges may apply and
may be charged by your mobile carrier/service provider.

LIMITED LICENSE TO VIEW AND COPY​
.

The content and information displayed on this Site (“Materials”) is the property of
SHOT and/or other parties. The downloading, reproduction, or retransmission of SHOT Materials, other than for non­commercial individual use, is strictly prohibited.
This Site is to be used by Authorized Users for personal use only. Commercial uses of
this Site are strictly prohibited. If you are currently an Authorized User, you are
granted a limited, non­transferable, revocable license to view and copy the Materials
solely for your personal use, subject to the restrictions below.

PROHIBITED CONDUCT​
.

You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of
the Materials to any third party without the prior written permission of SHOT; ( b)
interfere with or disrupt networks connected to the Site; (c) use or attempt to use any
device, software or routine which interferes with the proper functioning of the Site or
any transactions being offered through the Site; (d) transmit files, data or other
materials containing a computer virus, corrupted data, worms, “Trojan horses” or
other instructions or design that would erase data or programming or cause the Site or
any equipment or system to become inoperable or incapable of being used in the full
manner for which it was designed; (e) deliver any communication to or through the
Site which violates any local, state, federal or international law; (f) deliver any
communication to or through the Site that contains defamatory, libelous, abusive or
obscene material; or (g) deliver any communication to or through the Site that will
infringe upon the rights of any third party.

INTELLECTUAL PROPERTY RIGHTS​
.

This Site and the Materials contain and reference trademarks, patents, trade secrets,
technologies, products, processes or other proprietary rights of SHOT, through its
subsidiaries, and/or other parties. No license or right to or in any such trademarks,
patents, trade secrets, technologies, products, processes and other proprietary rights of
SHOT, through its subsidiaries, and/or other parties is granted to or conferred upon
you. Reproduction or storage of Materials obtained from this Site is subject to the
U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced,
distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices
from the Materials; or use the Materials or this Site except as permitted in this
Agreement. The use of any Materials from the Site on any other internet, intranet, web
or other site or computer environment is prohibited. You may not utilize framing
techniques to frame any SHOT trademarks, logos, or other proprietary information
(including images and text). You may not use any meta tags or any other “hidden text”
utilizing our name, trademarks or other proprietary information.

COPYRIGHT AND TRADEMARK NOTICES
.

All contents of this Site are the copyrighted property of SHOT, or its subsidiaries,
affiliates, or a SHOT licensor, as applicable. All contents of the Site are protected by
United States and international copyright laws. Trademarks owned by SHOT
company may not be used or displayed publicly without the prior written permission
of the owner of the marks, except for downloaded logos and photographs as and if
provided for elsewhere on the Site. Any rights not expressly granted herein are
reserved.

MONITORING​
.

SHOT 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 are or may hereinafter be included
as part of the Site, to determine compliance with this Agreement and any operating
rules established by SHOT, as well as to satisfy any applicable law, regulation or
authorized government request. Without limiting the foregoing, SHOT shall have the
right, but not the obligation, to remove any material that SHOT, in its sole discretion,
finds to be in violation of the provisions hereof or otherwise objectionable, including
without limitation, comments that contain the following:

• Hate speech ­ language that degrades others on the basis of gender, race,
national origin, religion, sexual orientation or disability; • Personal attacks ­ language that is threatening, intimidating, defamatory,
libelous or encourages others to cause injury or property damage to any
person;
• Invasion of privacy ­ phone numbers, e­mail addresses, physical addresses
or other personal information;
• Off topic ­ opinions and arguments unrelated to the article to which the
comments are attached or to the comments of other readers;
• Advertising – solicitations or advertising of any kind, including comments or
links that are aimed at promoting other products or services;
• Copyright/Plagiarism ­ comments that appear to violate copyright laws;
• Offensive – offensive language or images, including but not limited to nudity.

LINKED WEB SITES​
.

This Site includes links to other web sites. SHOT provides such links solely as a
convenience to you and for informational purposes only. SHOT has not reviewed all
of the information on these other web sites. The inclusion of these links in no way
indicates SHOT’s endorsement, support or approval of the content, advertising,
products, services, policies or other materials on or available from such web sites.
Neither SHOT, nor any other providers of products or services related to this Site,
shall be responsible for the content of any other web sites and make no representation
or warranty regarding any other web sites or the contents or materials on such web
sites. If you decide to access other web sites, you do so at your own risk. Other web
sites may include links to the Site. The inclusion of such links does not indicate the
other web site’s endorsement, support or approval of the content, advertising,
products, services, policies or other materials on or available from the Site.

PRIVACY​
.

Your use of the Site is subject to our Privacy Policy. If you would like to view our
privacy practices please review our Privacy Policy.

SECURITY​
.

If you have been provided with a login and password, then any such login and
password are for your personal use only. You may not reveal your login or password
to anyone else or permit anyone else to use your login and password to access the
Site. You are responsible for maintaining the confidentiality and security of your login
and password and accept full responsibility for all activities that occur under your
account or password. You must notify SHOT immediately in the event that the
security of your login or password has been breached.

DISCLAIMER​
. THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS,
AND SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE
THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY
WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM
OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY,
NON­INFRINGEMENT
OF
INTELLECTUAL
PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED
WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Further SHOT does not warrant the accuracy or completeness of the
information, text, graphics, links or other items contained within the Materials,
nor does SHOT warrant that the Site will be current, error free or available at
all times or without interruption. SHOT also does not warrant that the Site or
communications from SHOT will be free of viruses or other harmful
components. SHOT may make changes to the Materials, or the programs,
policies or other information described in the Materials, at any time without
notice. SHOT makes no commitment to update the Materials.

LIMITATION OF LIABILITY​
. IN NO EVENT SHALL SHOT BE LIABLE FOR
ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF
THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR
THE PERFORMANCE OR NON­PERFORMANCE BY SHOT, ITS
SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTY PROVIDERS OF
PRODUCTS OR SERVICES RELATED TO THE SITE. THIS LIMITATION OF
LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM
ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY OF RECOVERY, EVEN IF SHOT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS
PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE
JURISDICTION.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C.
2701­2711)​
: WE MAKE NO GUARANTY OF CONFIDENTIALITY OR
PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED
ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE
LIABLE FOR THE PRIVACY OF THE INFORMATION, E­MAIL ADDRESSES,
REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE,
COMMUNICATIONS, CONFIDENTIAL OR TRADE­SECRET INFORMATION,
OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS
ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR
USE OF THE SITE.

TERMINATION/ACCESS RESTRICTION​
.

SHOT reserves the right, in its sole discretion, to modify your access or terminate
your access to the Site and your account, if applicable, at any time, without notice.
The provisions above relating to Intellectual Property, Disclaimer of Warranties &
Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes
will survive termination of this Agreement.

NOTICES​
.

When you visit the Site or send e­mails to us, you are communicating with us
electronically. By doing so, you consent to receive communications from us
electronically. We will communicate with you by e­mail or by posting notices on this
Site. You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that such
communications be in writing.

MISCELLANEOUS PROVISIONS​
.

Any claim relating to this Agreement or the Materials shall by governed by the laws
of the State of California, United States of America, exclusive of the choice of law
rules thereof. This Agreement constitutes the entire agreement of the parties with
respect to the subject matter hereof and supersedes all prior oral and written
agreements. No failure or delay on the part of SHOT in exercising any right or remedy
hereunder or enforcing the terms and conditions of this Agreement will operate as a
waiver thereof. If any part or provision of this Agreement is found to be invalid,
unenforceable or void, then the remaining portion shall remain in full force and effect.
Headings are for convenience only and not for use in interpretation of this Agreement.
There are no third­party beneficiaries of this Agreement.

SITE POLICIES AND MODIFICATION​
.

We reserve the right to make changes to our Site, policies, and these Terms of Use at
any time. Any changes to these Terms of Use will be effective upon our posting of
notice of the changes on the Site. These changes will be effective immediately for
new users of the Site. We suggest that you re­read our Terms of Use and Privacy
Policy from time to time in order that you stay informed as to any such changes. Any
use of the Site by you after such notice shall be deemed to constitute acceptance by
you of such modifications. REFUND POLICY
SHOT takes customer satisfaction very seriously. If you have any problems with your order, we ask that you
contact the Restaurant directly at 619­795­8424. Should you be unable to reach the restaurant during
operating hours, you may leave a message for the business office by selecting option 5 from the main
restaurant line.

GOVERNING LAW
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a
lawsuit or court proceeding is permitted under these Terms, you and SHOT agree to submit to the personal and
exclusive jurisdiction of the state courts and federal courts located within San Diego County, CA for the purpose of
litigating any dispute.

OUR CONTACT INFORMATION

Supannee House of Thai & Catering
2907 Shelter Island Dr. #110
San Diego, CA 92106
619­795­8424