WEB PRIVACY STATEMENT; TERMS AND CONDITIONS OF USE OF WEBSITE (THE “SITE”)
Welcome to the website (the “Site”) for El Fenix Corporation. We appreciate your interest.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THE WEBSITE (THE “SITE”)
By accessing or using this Site, you agree to these terms and conditions of use. If you do not agree to these terms, please do not use this Site.
El Fenix Corporation owns and is responsible for this Site. El Fenix Corporation reserves the right to change the terms, conditions, and notices under which this Site is offered, including but not limited to the charges associated with the use of the Site. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE; PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of El Fenix Corporation is prohibited.
COPYRIGHTS AND TRADEMARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of El Fenix Corporation. The collective work includes works that are licensed to El Fenix Corporation. ©Copyright 2014, ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to El Fenix Corporation, or other respective owners that have granted El Fenix Corporation the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to applicable law, notifications of claimed copyright infringement should be sent to the website’s designated agent. El Fenix Corporation respects the intellectual property of others, and we ask our users and visitors to do the same. El Fenix Corporation will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws. Upon receipt of notices complying with applicable laws, El Fenix Corporation will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide El Fenix Corporation the following information. Please be advised that to be effective, the notification should include ALL the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit El Fenix Corporation to contact you;
5. A 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;
6. A statement by you that the information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
El Fenix Corporation:
1845 Woodall Rodgers Freeway, Suite 1100
Dallas, TX 75201
Attn: General Counsel
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SNUFFER’S THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS
To provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with El Fenix Corporation, El Fenix Corporation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of El Fenix Corporation. El Fenix Corporation has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that El Fenix Corporation sponsors, endorses, is affiliated with, or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, El Fenix Corporation seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about El Fenix Corporation products and/or services and each claim or statement comparing El Fenix Corporation products to other products is expressly limited to the United States, unless otherwise disclosed on the Site.
El Fenix Corporation makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites. El Fenix Corporation does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FULLY PERMISSIBLE PURSUANT TO APPLICABLE LAW, EL FENIX CORPORATION REFUSES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EL FENIX CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EL FENIX CORPORATION DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
LIMITATION OF LIABILITY
IN NO EVENT, SHALL EL FENIX CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EL FENIX CORPORATION HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR ABOUT THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless El Fenix Corporation, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
YOUR USE OF THIS SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF TEXAS AND THE UNITED STATES WITHOUT REGARD TO CHOOSE OF LAW PROVISIONS. YOU AGREE THAT AUTHORITY OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES.
El Fenix Corporation failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. El Fenix Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.
El Fenix Corporation makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Texas.
El Fenix Corporation may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on pages at this Site.
El Fenix Mexican Restaurant,1845 Woodall Rodgers Freeway, Suite 1100, Dallas, Texas 75201
When you visit, and navigate our Site and when you communicate with us via our Site, we will not collect personal information about you unless you provide us that information voluntarily. Any non-public personal information that you may provide via our Site will be used solely for the purpose stated on the page where it is collected. (In some cases, and in all cases where required by law or regulation, you will be able to update the information that you provide to us either by sending us an e-mail or, where you have established personal profiles with us, by updating your profile online. Please refer to the specific pages where data is collected for more information.) El Fenix Corporation will not sell, license, transmit or disclose this information outside of El Fenix Corporation and its affiliated companies unless (a) expressly authorized by you, (b) necessary to enable El Fenix Corporation contractors or agents to perform certain functions for us, or (c) required or permitted by law. In all cases, we will disclose the information consistent with applicable laws and regulations and we will require the recipient to protect the information and use it only for the purpose it was provided. By “personal information,” we mean data that is unique to an individual, such as a name, address, Social Security number (“SSN”), e-mail address, or telephone number. From time to time, we may request personal information from you at our Site to deliver requested materials to you, respond to your questions, or deliver a product or service. Please note that El Fenix Corporation does not request a SSN as a form of validation but will accept if offered. We welcome your comments or questions about our Site and have provided e-mail boxes for that purpose. We will share your comments and questions with our customer service representatives and those employees most capable of addressing your questions and concerns. As noted elsewhere, we may also use your comments in our commercial endeavors in our sole discretion. Please note that your e-mail, like most, if not all, non-encrypted Internet e-mail communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use e-mail to communicate information to us that you consider confidential. If you wish, you may contact us instead by telephone at the numbers provided at various locations on our Site. There may be some locations on the Site where we have made special provisions for a more secure environment in which we can exchange information with you. At each of these locations, we will provide you with appropriate instructions. You should also be aware that when you visit the Site, we collect certain information that does not identify you personally, but provides us with “usage data,” such as the number of visitors we receive or what pages are visited most often. This data helps us to analyze and improve the usefulness of the information we provide at the Site. Like most commercial website owners, we may use what is known as “cookie” technology. A “cookie” is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website can recognize repeat users, track usage patterns and had better serve you when you return to that site. The cookie does not extract other personal information about you, such as your name or address.