Privacy Policy, Terms, & Conditions

Borne LLC, a California limited liability company (“Borne”, “we”, “us”, “our”) is a restaurant technology software company, which combines multiple data sources to create a predictive analytics model and surface key insights for our customers. These Terms and Conditions (“Terms”) are in addition to any other agreement between you and Borne and apply to your use of the website (“Website”), software, products, applications, services, tools, features and information provided by Borne and its affiliates (collectively, the “Service”). The Service may include or make available certain content (collectively, “Content”) including, but not limited to, the following: (a) general news, information and educational material; (b) information and data on demographics and economics, for city geographies and cluster geographies; (c) point and aggregate data for restaurant locations and scale brands; (d) point and aggregate data for closed restaurants; (e) visualizations and graphical representations (“Charts”) of the above mentioned data; (f) company names, logos, product and service names, symbols and trademarks that may be owned by Borne, its affiliates or by third-party providers; and (g) general account information. The words “you”, “your” and “yours” refer to you, as user of the Content or Service.

Acceptance of Terms and Conditions

By using the Service and the Content, you agree to be bound by these Terms, including the policies referenced herein. Continued use of the Service and the Content constitutes your acceptance of any revisions to these Terms.

Additional Agreements and Disclosures

Customers of Borne are granted additional levels of access to the Website and their relationship with Borne is governed by additional agreements and disclosures. The terms of such agreements and/or disclosures are incorporated into these Terms by reference, to the extent such terms do not conflict with these Terms. In the event of a conflict, the terms of such separate user or customer agreement and/or disclosure will prevail with respect to such specific products or services.

Disclaimer and Limitations of Liability

The Content and the Service is provided on an “as is”, “as available” basis without warranty of any kind. Borne makes no representations as to the suitability of the Content and the Service for any particular purpose, nor to the accuracy, timeliness, completeness, usefulness and non-infringement of any Content. Borne and its affiliates, third-party providers, licensors, officers, directors or employees shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the use or the inability to use the Content or the Service, including but not limited to damages for loss of profits, use, data or other intangible damages, even if such party has been advised of the possibility of such damages.

No Investment or Legal Advice

Borne does not provide investment or legal advice and does not make assurances of any kind. Certain Content available through the Service may provide general information and guidance and may generate and present various strategy alternatives, based upon your personalized inputs. You are solely responsible for your inputs, including but not limited to your inputs to interactive tools, and for evaluating the merits and risks associated with the use of any Content provided through the Service, before making any decisions based on such Content. You are also solely responsible for determining whether any investment, strategy or related transaction is appropriate for you based on your personal objectives, financial circumstances and risk tolerance.

Any predictions, projections or other information regarding the likelihood of various outcomes are hypothetical in nature and are not guaranteed for accuracy or completeness. Our data and past performance data should not be construed as being indicative of future results and do not guarantee future results or returns.

You agree not to hold Borne its affiliates or third-party providers liable for any possible claim for damages or losses, arising from any investment or strategy decision you make, whether or not based upon the Content or from other information made available to you through the Service.

Eligibility Criteria

The Service is intended only for United States residents, aged 18 and over. The availability of the Website over the internet is not a solicitation for or offering of the Service to any person in any jurisdiction where such solicitation or offering is illegal. We reserve the right to limit the availability of the Website to any person, geographic area, or jurisdiction, at any time and in our sole discretion.

Demonstration (“Demo”) Features

The Website may include certain features provided solely to demonstrate tools and other Content that are part of the Service available only to Customers of Borne. Demo features are intended for informational purposes only and should not be used as the basis for making investment decisions or for any other purpose. Borne makes no warranty whatsoever as to the Demo features or their accuracy or usefulness.

Customer Account

Application for a customer account (“Customer Account”) with Borne is optional. However, if you do not provide the required information, we will not be able to process the application and you will not be able to access certain features of the Service. You agree that any information that you provide to Borne upon application and at all other times will be accurate, current and complete. You also agree to maintain and promptly update this information at all times. You may not register or apply for a Customer Account for anyone but yourself. You agree not to misrepresent your identity, your personal information or your third-party account information. You are solely responsible for protecting the confidentiality of your access information and agree to notify Borne immediately if you suspect any breach of security or unauthorized use of your account.

Content

The Content and the Service includes displays of data and other information that may originate from third-party providers and that may also be derived from calculations performed by Borne or its affiliates. Such data and information may be presented in graphical (“Chart”) format. Any Chart depicting strategies or guidance is derived directly from Borne’s proprietary algorithm and in no way represents the view or opinion of Borne, its affiliates, third-party providers, licensors, officers, directors or employees, or that of its users. They are also not research reports and are not intended to serve as the basis for any investment decision. Borne makes no representation as to the accuracy, timeliness, completeness or usefulness of such Charts, or of any other chart. No data, or past performance data, in Chart format or otherwise, should be construed as being indicative of future results. The Content and the Service includes interactive tools designed for purposes of general information, guidance and education and for generating various potential “guidance”, “strategies” or “suggestions” that would otherwise be constructed using alternative methods. All results generated by our interactive tools are derived directly from and are limited by, our proprietary algorithm, general data, and your personalized input(s). Results generated through the interactive tools are not intended to be, and we do not represent them to be, a complete or exhaustive range of potential strategies to reflect your view and/or input(s). Other options may be available that are better suited or are more appropriate. The calculations performed by the interactive tools do not take into consideration all costs, which may impact the information and comparisons presented. Borne makes no representation as to the accuracy, completeness or usefulness of such information and guidance, or that any particular suggestion or strategy derived from your personalized input(s) are either complete, appropriate or suitable. Any prediction, projection, calculation, or other information regarding the likelihood of various outcomes is hypothetical in nature, is not guaranteed for success, accuracy or completeness, does not reflect actual results and is not a guarantee of future results. Your input(s) and selection criteria when using any interactive tools are at your sole discretion. You alone are responsible to determining whether any suggestion or guidance is suitable for you, whether such guidance requires further customization by you and for evaluating the merits and risks associated with the use of any interactive tool, before making any strategic decisions. Borne and its affiliates, third-party providers, licensors, officers, directors or employees shall not be liable in any way for (a) any inaccuracy of, error or delay in, or omission of the Content; or (b) any loss or damage arising from i) your investment decisions; ii) your use of the Content, inclusive of any interactive tools that may be a part of the Content; iii) any error or delay in the transmission or functionality of such Content; iv) any cause beyond the control of Borne, its affiliates and third-party providers, or v) non-performance. No part of the Service or the Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication for any commercial enterprise, without the prior written consent of Borne. Companies that are not affiliated with Borne may supply some of the Content. Borne has not been involved in the preparation, adoption or editing of third-party content and does not endorse or approve such content. Borne does not guarantee the accuracy, timeliness, completeness or usefulness of third-party content and is not responsible or liable for any content, advertising, products or other materials on or available from third-party sites. All personalized data, comments, feedback, suggestions, ideas, and other submissions that you disclose, submit or offer to us in connection with your use of the Service will become our exclusive property. Such disclosure, submission or offer of any submission constitutes an assignment to us, and you hereby assign to us, all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to your submissions and you agree to waive any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory relating to submissions. We are and will be under no obligation to pay to you or any third party any compensation for any such submission. The Content is not warranted as to completeness or accuracy and is subject to change without notice. The Content is presented only as of the date published or indicated and may be superseded by subsequent events or for other reasons. You acknowledge that Borne and/or affiliates are the sole owners of any Borne company names, logos, symbols and trademarks and that other names, logos, symbols and trademarks are the property of their respective owners. You agree that you will not use any names, logos, symbols and trademarks for any purpose without the prior written consent of the respective owners.

Third Party Representations

Borne is not responsible for representations made by non-employees or third parties, unless they are expressly authorized, in writing, to speak on our behalf. Borne does not endorse, authorize or stand behind any representations made by users of our Service. You will not seek to hold us liable for the representations of third parties.

Rules and Prohibited Uses

Borne grants you a license to use its Website and the Service so long as you comply with all of its rules. You agree to: a) Comply with applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements; b) Provide accurate information to us and keep it updated; c) Use the Service solely for your use; You agree not to: a) Use the Service for any illegal purpose, or any other purpose not permitted in these Terms; b) Modify, copy, adapt or translate any part of the Service or the Content without our written permission; c) Reverse-engineer, decompile, create derivative works of, modify, disrupt, otherwise tamper or disassemble the technology used to provide the Service and the Website, or otherwise attempt to obtain its source code; d) Bypass, modify, defeat, reverse-engineer, disassemble, tamper with or circumvent any of the security features of the Website and the Service, including altering any digital rights management functionality; e) Impersonate another person or entity, misrepresent your affiliation with a person or entity (including Borne), or use a false identity; f) Use the login information of another person, unless they specifically authorized you to do so; g) Assist or encourage any third party in engaging in any activity restricted by these Terms. h) Collect, manually or through an automatic process, information about other users of the Borne Service; i) Submit false or misleading information to us or post content that infringes on a third party’s intellectual property; j) Use the Borne name or trademarks in any way that implies affiliation with, or an endorsement, sponsorship or approval by us, without our express written permission; k) Remove or alter any copyright, trademark, patent or other proprietary notice contained on the Website; l) Engage in any activity that interferes with any third party’s ability to use or enjoy, or the ability of Borne, or affiliates to provide the Service; m) Mirror any part of the Website without our written permission; n) Copy or use the information, the Content or data of Borne in connection with a competitive service (as determined by us); o) Monitor availability, performance or functionality of the Service for any competitive purposes; p) Violate the terms of service or any other rule or agreement applicable to you or Borne’s inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service.

External Links

The Website and the Service may provide links to third-party websites or services that are not owned or controlled by Borne or its affiliates. Borne has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third-party websites or services. You acknowledge and agree that neither Borne or its affiliates shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. You are strongly advised to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Communications

By agreeing to these Terms and by using the Service and the Content, you consent to any form of recording and retention of any communication, information and data exchanged between you and Borne or its representatives or agents. All communications sent to and from Borne are subject to archival, monitoring, review by and disclosure to someone other than the recipient, such as our compliance administrators and regulatory bodies. You agree that all communications relating to your use of the Service or the Website may be provided or made available to you electronically by email, text messaging, “in-app” messaging or by posting a communication on the Website. You consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Borne and its agents. You expressly consent to receiving calls and messages, including “in-app” messages from Borne, at any telephone numbers that you have provided or may provide in the future.

Applicable Policies

In addition to these Terms, your access to and use of the Content and the Service are subject to Borne’s then-current policies relating to the Content and the Service, including, without limitation, the Privacy Policy. You agree to be bound by these policies and all other Borne policies applicable to the access and use of the Content and the Service. By using the Service, you are consenting to have your personal data transferred to and processed by Borne and its affiliates. As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Service, which you may not be able to opt-out from receiving.

Intellectual Property

You acknowledge and agree that, unless otherwise noted, Borne, its affiliates or licensors own all legal right, title and interest in and to the Content and the Website, including but not limited to visual interfaces, interactive tools and features, graphics, design, compilation, computer code, products, software, aggregate user reviews, ratings, and all other elements and components of the Service. In particular, this includes certain unique systems and methods for data visualization and strategy generation, that represent a key Content feature within the Borne Service. Except where, for illustrative purposes only, images are used of products, company names, logos that remain the trademarks™ or registered® trademarks of their respective holders, Borne, its affiliates or licensors own all copyrights, trademarks, service marks, trade names, logos, domain names and other distinctive brand features of Borne and its Website. This includes all other intellectual and proprietary rights (whether those rights happen to be registered or not, and wherever in the world those rights may exist) associated with the Website and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Content, the Service or the Website in whole or in part except as expressly authorized by Borne, in a separate written document. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Website. Except as expressly and unambiguously provided herein, Borne or its affiliates do not grant you any express or implied rights in or to the Content or Website and all rights in and to the Website are retained.

Indemnification

You will indemnify and hold harmless, Borne, its affiliates and third party providers, and their respective officers, directors, managers, members, agents, partners, employees, licensors, distributors, and representatives, from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your access and/or use of, or interaction with the Content (including, without limitation, third-party Content), or any act, error, or omission relating to or arising out of your use of your Customer Account or any user of your Customer Account, in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.

Applicable Law

You agree that these Terms and your use of the Service, the Content and the Website is governed by and will be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws.

Jurisdiction and Venue

To the extent that any dispute arising under these Terms is not subject to mandatory arbitration, exclusive jurisdiction and venue will be with a court of competent jurisdiction in San Mateo County, California. You hereby irrevocably consent to the jurisdiction of such courts and agree to accept service of process issued by such courts.

Severability

If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions will remain valid and in effect to the fullest extent possible.

Survival

Certain provisions of these Terms by their nature will continue in full force and effect after termination, including without limitation the authorizations you have granted, the Disclaimer and Limitation of Liability, and Jurisdiction and Venue.

Modification

We reserve the right to modify these Terms at any time in our sole discretion. Any changes to these Terms become effective when first posted to the Website. The date of the most recent update to these Terms will be shown on the Website. Your continued use of the Service, the Content or the Website after modified Terms have been posted, constitutes your agreement to the modified Terms.

Termination

We may change, terminate or suspend these Terms with or without cause at any time and effective immediately. We may terminate or suspend your access to the Service, the Content or the Website immediately, without prior notice or liability, if you, in our sole discretion, breach any provision of these Terms.

Contact Us

You can contact us at: g.nasser@bornellc.com