terms of use

Last Updated: September 1, 2022

These terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and Hai Hospitality Group LLC or one of its subsidiaries or affiliates (“Hai”, “we”, “our” or “us”).

Please read these Terms of Use carefully before using any of our websites (our “Website(s)”). By accessing, viewing, or using a Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy (“Privacy Policy”), available at [LINK TO PRIVACY POLICY], and incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, please do not use our Websites. By using a Website, you represent and warrant that you (i) are at least 18 years of age; and (ii) have the capacity to form a binding contract with us in your jurisdiction of residence. If you do not meet the foregoing requirements, you must not access or use any Website.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on our Websites, and apply to all access and use of our Websites after the changes are posted. Your continued use of our Websites following the posting of revised Terms of Use means that you accept and agree to the changes. Please check these Terms of Use frequently so that you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend each Website, and any service or material we provide on the Websites (including any Website Content), in our sole discretion without notice. We will not be liable if, for any reason, all or any part of any Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of a Website, or an entire Website, to all or certain users.

Use and Security

You need not register your email or fill out any of the forms available on our Websites to review these Terms of Use or the Privacy Policy, or to access our Websites. You may provide us with your name and email address to receive our updates via our newsletter. By registering your email on any of our Websites, you agree that we may send you emails about Hai, our subsidiaries and affiliates, and any products and services we provide. Further, you agree to notify us of any changes to your e-mail address.  

Our Privacy Policy governs all information you provide when you access and use our Websites.

If, after registering your email with us, you decide you no longer wish to receive emails from Jordan, you may contact us at info@haihospitality.com and we will remove your email from our distribution list. Your information will be treated in accordance with our Privacy Policy.

You may also email us at info@haihospitality.com to obtain other support.

Product Purchases

After purchasing any product on any Website, we will send you a confirmation email with your order number and details of the items you have ordered. All prices posted on any Website are subject to change without notice. The price charged for a product will be the price in effect at the time you place your order and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

We will arrange for shipment of the products to you, usually through the United States Postal Service. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier or, for electronic deliveries, upon sending the email to the email address you have provided. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. If any Product is damaged during shipping, you may contact giftcards@uchirestaurants.com to report issues, and, if such issues are verified, we may offer a refund and/or replacement for such Product. No Products should be returned to us, regardless of condition.

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS, OTHER THAN GIFT CARDS, PURCHASED FROM ANY WEBSITE WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP AT THE TIME OF DELIVERY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, RELATED TO OUR PRODUCTS.  OUR RESPONSIBILITY FOR DEFECTIVE PRODUCTS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS SET FORTH HEREIN.

Linking to our Website

You may link to the homepage of any of our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause any Website, in whole or in part, to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of our Websites other than the homepage.
• Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Proprietary Rights

All rights, title and interest in and to each Website and all of the contents (including without limitation all information, software, images, video, and audio), features, functionality, and format on each Website (collectively, “Website Content”) are owned by Hai or its licensors and are protected by intellectual property laws and other proprietary rights laws, including trademark, patent, trade secret, and copyright laws. All names, logos, product and service names, designs, and slogans that may appear on any Website are trademarks of Hai or our licensors. You may not use such trademarks without our prior written consent.

You may, subject to the restrictions of these Terms of Use, utilize our Websites and their contents and features solely for your own personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Website Content, except as follows:

• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of any Website for your own, personal, non-commercial use and not for further reproduction, publication, or distribution; provided that you must not delete or alter any copyright, trademark, or other proprietary rights notices contained on such printouts.

If you wish to make any use of Website Content other than that set out above, please address your request to: info@haihospitality.com.  

Except for information covered by our Privacy Policy, any communication or materials you transmit to or through our Websites, including data, comments, questions, suggestions, ideas, concepts, know-how, techniques, or the like, shall become the property of Hai. Hai shall be free to use, disclose, reproduce, or distribute any such communications or materials without limitation of any kind.

Restrictions on Use

You may use our Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Websites:

• In any way that violates any applicable United States federal, state, local, law or regulation or any law or regulation of any other country;
• In a manner that discloses personally identifiable information of minors or that exploits or harms minors in any way, including by exposing them to inappropriate content;
• To impersonate or attempt to impersonate Hai, a Hai employee, another user, or any other person or entity, including, without limitation, by using email addresses associated with any of the foregoing;
• To engage in any other conduct that restricts or inhibits any other user’s enjoyment of our Websites, or which, as determined by us, may harm us or other users or expose us or them to liability; or
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

Additionally, you agree not to:

• Use our Websites in any manner that could disable, overburden, damage, or impair the sites or interfere with any other individual's use of our Websites;
• Misrepresent your identity upon registering your name and/or email with us;
• Use any robot, spider, or other automatic device, process, or means to access our Websites for any purpose, including monitoring or copying any of the Website Content;
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
• Use any manual process to monitor or copy any Website Content, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
• Use any device, software, or routine that interferes with the proper working of our Websites;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Websites, the server(s) on which our Websites are stored, or any server, computer, or database connected to our Websites;
• Attack any of our Websites via a denial-of-service attack or a distributed denial-of-service attack; or
• Disclose any information that you do not have the consent to disclose.

Disclaimers

Hai is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. 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 local laws.

The information presented on or through our Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of any Website Content, including any specifications or other information about our products or services. Any reliance you place on such information is strictly at your own risk. No information, whether oral or written, shall create any warranty, representation, or guarantee not expressly stated in this section. We may update the content on our Websites from time to time, but its content is not necessarily complete or up-to-date. Any Website Content may be out of date at any given time, and we are under no obligation to update such material.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or any Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY WEBSITE OR ANY WEBSITE CONTENT.

YOUR USE OF ANY WEBSITE OR ANY WEBSITE CONTENT IS AT YOUR OWN RISK. EACH WEBSITE AND ALL WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT ANY WEBSITE OR WEBSITE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Our Websites may include or make available to you information or content provided by third parties. We are not responsible, or liable to you or to any third party, for the content or accuracy of any such information or content.

We may provide links to websites or other applications, including those operated by third parties (“Third Party Tools”) for your convenience and information. You are not obligated to use these Third Party Tools, and any use of such Third Party Tools shall be at your sole discretion and responsibility.  All of these Third Party Tools operate independently from us, and we do not control their terms of use or their operation. We encourage you to review the terms of use and privacy policy of any Third Party Tools that you use to better understand the terms and conditions of their use and applicable privacy policies.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Neither us nor any licensor of Website Content will be liable for any damages OF ANY KIND, WHETHER direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of ANY OF our WebsiteS or ANY WEBSITE content, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if we were advised of the possibility of such damages. If you become dissatisfied in any way with our WebsiteS, your sole and exclusive remedy is to stop your use of our Website. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability shall not exceed one hundred dollars ($100).

The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Websites would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose. The foregoing does not apply to liability arising from any fraud or fraudulent misrepresentations, or any other liability that cannot be limited by applicable law.

Indemnity

All the actions you make and information you share on any of our Websites remain your responsibility. You agree to indemnify, defend, release, and hold us, and our partners, licensors, and affiliates, and any contractor, officer, director, employee, representative and agent of any of the foregoing, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by any of the foregoing arising as a result of, or in connection with:

• Any negligent acts, omissions or willful misconduct by you;
• Your access to and use of any of our Websites or Website Content;
• Any breach of these Terms of Use by you; and/or
• Your violation of any law or of any right of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defense of any relevant claim.

Governing Law

These Terms of Use are governed by the laws of the state of Texas excluding any conflict of laws rules. Any dispute or controversy arising under or in connection with our Websites, these Terms of Use or any breach thereof shall be brought solely in the state and federal courts located within Austin, Texas, and these Terms of Use do not permit class action claims or allow for retrial of any claim. You agree not to object to the exercise of personal jurisdiction by or to venue in such courts.

Miscellaneous

If you want to terminate these Terms of Use, you may do so by (a) notifying us that you wish to have your email removed from our distribution list (if applicable); and (b) ceasing from any further use of our Websites and Website Content.

These Terms of Use, the Privacy Policy, and any supplemental terms and guidelines posted on any of our Websites pertaining to our Websites constitute the entire agreement between you and us with respect to our Websites and supersede all previous written or oral agreements.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

All provisions of these Terms of Use, which by their nature should survive, shall survive termination of these Terms of Use, including, without limitation, the warranty disclaimers, limitation of liability, and indemnification provisions.

If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, you and Hai nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and that the other provisions of these Terms of Use will remain in full force and effect.

A party’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

Any claim must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission, or default giving rise to the claim, or the shortest time period permitted by applicable law.

We reserve the right to investigate any possible violations of these Terms of Use. We may suspend or terminate your use of any of our Websites and the licenses granted herein authorizing your use of our Websites, including Website Content, at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated our Terms of Use. You agree that all terminations shall be made in our sole discretion and that we shall not be liable to you or any third party for any termination of your use.

How to Contact Us

If you have any questions or comments about these Terms of Use, please contact us by:

Email: info@haihospitality.com