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

Welcome to ovationbistro.com (the "Site"). The documents, data, information and other materials [collectively the "Material(s)"] contained on the Site are provided by Ovation Bistro & Bar, exclusively for non-commercial, individual use to inquire about Ovation Bistro & Bar 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.

ONLINE COMMERCE & REFUND POLICY

Ovation Bistro & Bar may offer the ability to purchase gift cards or place deposits for catering services or large party reservations through third-party platforms or payment gateways.

Gift card transactions are processed by an independent third-party provider. Ovation Bistro & Bar is not responsible for payment processing errors, technical issues, or service interruptions that occur on third-party platforms.

Deposits for catering and large party reservations are non-refundable. By submitting a deposit, you acknowledge and agree that your payment secures a date, time, and staffing allocation that may not be rebooked.

All online payments are subject to the terms and privacy policies of the third-party payment processor. Ovation Bistro & Bar is not liable for delays, declines, or transaction issues related to the processing of your payment.

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. Ovation Bistro & Bar does not knowingly collect personal information from anyone under the age of 13. We ask that parents supervise their children while online.

MOBILE DEVICES

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 Ovation Bistro & Bar and/or other parties. The downloading, reproduction, or retransmission of Ovation Bistro & Bar Materials, other than for non-commercial 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, non-transferable, 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 Ovation Bistro & Bar; ( 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 Ovation Bistro & Bar, 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 Ovation Bistro & Bar, 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 Ovation Bistro & Bar 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 Ovation Bistro & Bar, or its subsidiaries, affiliates, or a Ovation Bistro & Bar licensor, as applicable. All contents of the Site are protected by United States and international copyright laws. Trademarks owned by Ovation Bistro & Bar 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.

COPYRIGHT COMPLAINTS

If you believe that your work has been copied and posted to our Site in a way that constitutes copyright infringement, you should contact us with a written notice via email to [email protected] that sets forth the infringement details. To be effective, the notice must contain the following information: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our Site; (3) your address, telephone number, and e-mail address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest.

SUBMISSION OF CONTENT

Any content submitted to Ovation Bistro & Bar, including but not limited to reviews, comments, photos, videos, social media posts, survey responses, or other materials (“User Content”), is entirely voluntary, non-confidential, and submitted without expectation of compensation or acknowledgment.

By submitting User Content to Ovation Bistro & Bar or tagging Ovation Bistro & Bar on any public platform, you grant us and our designees a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, publish, display, distribute, and otherwise exploit that content — in whole or in part — in any media, format, or channel now known or hereafter developed. This includes use on our websites, social media pages, emails, printed marketing materials, and in-store displays.

You represent and warrant that:

- You own or have permission to use and submit the content;

- The content does not infringe any third-party rights or violate any laws;

- You are at least 18 years old or have the consent of a parent or guardian if under 18.

Ovation Bistro & Bar reserves the right (but not the obligation) to monitor, edit, or remove any submissions for any reason and at any time.

You agree that we may use your name, username, profile image, or other identifying information (as available in connection with the submission) in association with the content, unless you request anonymity in writing.

INTERACTIVE FEATURES AND USER-SUBMITTED CONTENT

Our Site and related digital platforms (such as social media pages) may allow users to post reviews, comments, photos, or other content (collectively “User Content”). By submitting User Content, you agree to the following:

- You are solely responsible for your own submissions and the consequences of posting them.

- You represent that your submissions do not violate any law or the rights of any third party, including copyright, trademark, privacy, or publicity rights.

- You grant Ovation Bistro & Bar a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content in any media now known or later developed.

- Ovation Bistro & Bar reserves the right, but is not obligated, to monitor, edit, or remove any User Content for any reason, including content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable.

We assume no responsibility or liability for any User Content posted by you or any third party.

LINKED WEBSITES

This Site includes links to other web sites. Ovation Bistro & Bar provides such links solely as a convenience to you and for informational purposes only. Ovation Bistro & Bar has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Ovation Bistro & Bar's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Ovation Bistro & Bar, 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.

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, NON-INFRINGEMENT 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, Ovation Bistro & Bar does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, nor does Ovation Bistro & Bar warrant that the Site will be current, error free or available at all times or without interruption. Ovation Bistro & Bar also does not warrant that the Site or communications from Ovation Bistro & Bar will be free of viruses or other harmful components. Ovation Bistro & Bar may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. Ovation Bistro & Bar makes no commitment to update the Materials.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Ovation Bistro & Bar, its affiliates, partners, officers, directors, employees, agents, licensors, and service providers from and against any claims, demands, damages, liabilities, losses, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

- Your use of the Site;

- Your violation of these Terms of Use;

- Your submission of any content or materials;

- Your infringement or violation of any intellectual property or other rights of a third party;

- Any unauthorized use of your account or information by someone else.

This obligation will survive the termination of these Terms of Use and your use of the Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Ovation Bistro & Bar 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 NON-PERFORMANCE BY Ovation Bistro & Bar, 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 Ovation Bistro & Bar 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. 2701-2711):

WE MAKE NO GUARANTEE 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, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.

TERMINATION/ACCESS RESTRICTION

Ovation Bistro & Bar 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 e-mail 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.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

You agree that any dispute arising from or relating to your use of this Site, or any products or services provided by Ovation Bistro & Bar, shall be brought exclusively in the state or federal courts located in Polk County, Florida, and you consent to the personal jurisdiction of such courts.

If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the rest and shall not affect the validity and enforceability of any remaining provisions.

BINDING ARBITRATION

Any dispute, controversy, or claim arising out of or relating to your use of this Site, these Terms of Use, or any products or services provided by Ovation Bistro & Bar, shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration will take place in Polk County, Florida, and the language of the arbitration shall be English. You agree that arbitration shall be conducted on an individual basis and not as a class, consolidated, or representative action.

You waive any right to a jury trial and agree that the decision of the arbitrator shall be final and enforceable in any court of competent jurisdiction.

This arbitration clause shall not apply to disputes relating to the enforcement or validity of Ovation Bistro & Bar's intellectual property rights or claims for injunctive or equitable relief.

MISCELLANEOUS PROVISIONS

Any claim relating to this Agreement or the Materials shall be governed by the laws of the State of Florida, 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 Ovation Bistro & Bar 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 third-party beneficiaries of this Agreement.

These Terms of Use shall be binding upon and inure to the benefit of Ovation Bistro & Bar and our respective successors, assigns, heirs, and legal representatives. You may not assign, delegate, or transfer your rights or obligations under these Terms without prior written consent from Ovation Bistro & Bar. We may freely assign or transfer these Terms, in whole or in part, without restriction.

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 re-read 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.

OUR CONTACT INFORMATION

Ovation Bistro & Bar

42605 HWY 27 North, Davenport, FL 33837