Last Updated:July 23, 2024
These General Terms of Use (“Terms”) are entered into by and between you and Georgetown Restaurant Corporation t/a Filomena Ristorante (“Filomena”, “we”, “our,” or “us”). These Terms govern the use of and access to this website at www.filomenaemporium.com, our online and telephone ordering services (collectively, the “Services”). By using or accessing the Services, you agree and intend to be legally bound by the Terms. Your access to and use of the Services is subject to these Terms, which incorporate in full the separately posted Privacy Policy.
PLEASE CAREFULLY REVIEW THESE TERMS WHICH CONTAIN A BINDING DISPUTE RESOLUTION AND ARBITRATION SECTION THAT INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES WITH US ON AN INDIVIDUAL BASIS, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
You must be at least 18 years old to use our Services. If you are under 18 years old, your parents or legal guardian must agree to these Terms on your behalf. You may only access and use the Services with permission from your parent or legal guardian.
Changes to these Terms. We have the right at any time and at our sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation, posting the revised or additional terms and conditions on the Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than us shall be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of Filomena.
Geographic Limitation. We are based in the Washington, D.C. in the United States. We provide this website and our services for use only by persons located in the United States, its territories, or possessions. We make no claims that the website or any of its content is accessible or appropriate outside of the United States. Access to the website may not be legal by certain persons or in certain countries. If you access the website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
Prices; Orders; Shipping and Handling. Products offered on our Services are available while supplies last. All prices displayed in the Services are quoted in U.S. dollars. We only deliver to addresses within the United States subject to availability. Shipping and handling fees and applicable sales/use tax will be added to the order.
We reserve the right to discontinue or change specifications and prices on products offered through the Services without prior notice and without incurring any obligation to you. We are not responsible for any typographical errors, inaccuracies or omissions that may relate to product description and availability and reserves the right to correct any errors, inaccuracies, or omissions. The risk of loss and title for all products purchased by you and shipped by us pass to you upon delivery to the carrier for shipment.
Compliance with Laws. You are responsible for your use of the Services. You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the Services and your purchase of products or services through them.
Intellectual Property
All text, images, photographs, audio recordings, videos, graphics, logos, illustrations, descriptions, data, software, trademarks, logos, brand elements, and other material provided on the Services, as well as the selection and arrangement of these elements (collectively as “Content”) are protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by us or our licensors. The look and feel of the Services are subject to our copyright and we reserve all rights not expressly granted under these Terms.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows: (1) you may view and use the Content only for your personal information and for shopping and ordering on or through the Services; (2) you may print one copy or a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication or distribution; and (3) for no other purpose, and you agree to retain intact all copyright and other proprietary notices. Except as provided in the foregoing, we do not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited.
Prohibited Uses
You may not use any automatic device, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Services or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Services.
By accessing and using the Services you undertake and agree to do so in a legal and ethical manner and subject to these Terms of Use. You acknowledge and agree that you shall not use the Services to transmit material, or otherwise engage in any activity, that is defamatory, tortious, harmful, obscene, infringing, offensive, bullying, harassing, scandalous, hateful, inflammatory, threatening, unlawful, profane, pornographic, invasive of privacy or otherwise objectionable in relation to your use of the Services including without limitation, anything that facilitates illegal activity, depicts sexually explicit images, promotes violence, is discriminatory, is illegal or which could or does cause damage or injury to any person or property, could give rise to any civil or criminal liability under applicable law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is in breach of any duty of confidentiality and/or third party intellectual property rights.
Except as expressly set out in these Terms of Use or as permitted by applicable law, you hereby agree:
- not to copy any of the Services or Content except where such copying is incidental to normal use of the Services, or where it is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Services or Content therein;
- not to make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services or attempt to do any such thing except to the extent that such actions cannot be prohibited by applicable law;
- not to provide or otherwise make available the Services in whole or in part (including object and source code), in any form to any person without our prior written consent;
- not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not to use the Services (or any part(s) of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code or technology, including viruses, or harmful data, into the Portal (or into the websites linked to the Portal) or any operating system;
- not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Services;
- not to collect Services users’ information, or otherwise access the Services or our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the Services;
- not to manipulate any identifiers to disguise the origin of a message;
- not to solicit login information or access an account belonging to someone else;
- not disclose any other user’s personal information without their prior express agreement. This means that if you happen to know another user’s identity you must not disclose this to any other user or to any other third party;
- not to facilitate or encourage any breach by any other party of these Terms of Use (or any part thereof);
- not to use the Services in any manner which could damage, disable, overburden, impair or compromise the Services, our systems or security or interfere with other users or any other party’s computer systems or hack or gain unauthorized access to the Services or Content or data.
Security
We have implemented reasonable security measures to safeguard your personally identifiable information that you provide to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to us, you accept that you do so at your own risk.
Third Party Sites
Occasionally we may include links to external Internet sites operated by third parties on our Services. The inclusion of these links does not constitute sponsorship, endorsement, or approval by us of the content, policies, or practices of such linked sites. We do not operate, control or maintain these linked sites, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation their privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Disclaimer and Limitation of Liability
ALL CONTENTS OF THE SERVICES ARE OFFERED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT GUARANTEE THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS WEBSITE OR ITS SERVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR DEFECTS WILL BE CORRECTED, EVEN IF WE ARE AWARE OF THEM. THE “AS IS” AND “AS AVAILABLE” CONDITIONS OF CONTENT ARE EXPRESSLY MADE CONDITIONS OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICES.
UNDER NO CIRCUMSTANCES SHALL FILOMENA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF FILOMENA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, FILOMENA’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM PROVIDED, HOWEVER, THAT THE LIMITATION SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE FROM US.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Filomena, our vendors, and our affiliates and related entities, and its and their respective directors, officers, employees, and agents from and against all claims, proceedings, demands, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your actual or alleged breach of these Terms or your access to or use of the Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Services or any product or service provided to you arising out of or relating to your use of the Services.
Governing Law and Jurisdiction
All transactions shall be deemed consummated only upon our acceptance of your order. All disputes relating to these Terms or any transactions made through the Services shall be governed by and construed in accordance with the laws of the District of Columbia and/or the laws of the United States without giving effect to any choice or conflict of law provisions. Any dispute related to these Terms or any transactions made through the Services shall be instituted exclusively in the Superior Courts of the District of Columbia or the U.S. District Court for the District of Columbia. You waive any and all objections to (1) the exercise of jurisdiction over you by such courts and (2) venue in such courts. Notwithstanding the above, in any claim or action alleging personal injury or property damage caused by products you purchase from us, we reserve the right to apply the product liability law (including any product liability defenses) of your state of residence.
LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
WAIVER OF JURY TRIAL. EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH OR RELATED TO, THESE TERMS, YOUR USE OF THE SITES OR, IF AVAILABLE, ANY PRODUCTS OR SERVICES YOU PURCHASE USING THE SITES. EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED OR OTHERWISE INDICATED THAT SUCH PARTY WOULD NOT SEEK TO ENFORCE THIS WAIVER OF RIGHT OF A JURY TRIAL IN THE EVENT OF ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.
Attorneys’ Fees. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
Waiver and Severability. No waiver by us of any term or condition set out in these terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Filomena to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
Force Majeure. We shall not be liable for any nonperformance or delay in performance caused by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of any principal of Filomena or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Our reasonable control (collectively, “Force Majeure Event”).
Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter, For clarity, these Terms do not supersede any written services agreements, license agreements, maintenance agreements, or similar agreements between the parties. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.