Terms of Service

ACCEPTANCE OF TERMS OF USE

By use of this website, you accept and agree to all terms, conditions, and notices contained or referenced on the website (“Terms of Use”). Please read the following terms carefully. If you do not agree to the Terms of Use, do not use this site. Roccos I LLC, DBA Roccos Cafe, and its affiliates, subsidiaries, and/or assigns (collectively referred to hereafter as “Rocco’s Cafe”) reserve the right to update or revise the Terms of Use at any time, and you should therefore check the Terms of Use periodically for changes. Use of the website following changes to the Terms of Use constitutes your acceptance of those changes.

WEB SITE OWNERSHIP

The website www.roccoscafe.com is owned and operated by Roccos I LLC, DBA Roccos Cafe Copyright © 2023-2024, Rocco’s Cafe All rights reserved.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials on this website, or made available to you through this website, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by Rocco’s Cafe, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, in whole or part, such content and materials, or create derivative works thereof, including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, greeting cards or unlicensed merchandise. Requests to reproduce or distribute the content or materials found on this website can be made by writing Roccos I LLC, DBA Roccos Cafe at 1131 Folsom St., San Francisco, CA 94103, Attention – Legal Department.

DISCLAIMER

Your use of the website is at your sole risk. All content, materials, information, software, products, and services included in or available through this website (collectively, the “Content”) are provided on an “as is” and “as available” basis. Rocco’s Cafe expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Rocco’s Cafe makes no warranty that the Content (a) will meet your needs or requirements, or is of a certain quality, (b) is accurate, reliable, or correct, (c) will be available on the website at any specific time or location, (d) will be available on the web site uninterrupted, secure or error-free, or (e) is free of viruses or other harmful components. No advice or information available on the website shall create any warranty not stated in the Terms of Use. Any material which you download or obtain via other means from the website is done at your own risk. In the event a jurisdiction does not allow the exclusion of certain warranties, Rocco’s Cafe warranties in such jurisdiction shall be limited to the extent permitted by law.

LIMITATION OF LIABILITY

Under no circumstances shall Roccos I LLC, DBA Roccos Cafe, or any of its subsidiaries, parents, affiliates, franchisees, agents, employees, licensees, subcontractors, or any third-party providers be liable to you for any direct, indirect, incidental, special, circumstantial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Rocco’s Cafe has been advised of the possibility of such damages), that result from the use or inability to use this web site. The foregoing limitation applies regardless of the nature or theory of law upon which such any alleged liability is based. In the event a jurisdiction does not allow the exclusion or limitation of certain damages, Rocco’s Cafe’s liability in such jurisdiction shall be limited to the extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Rocco’s Cafe, its parents, subsidiaries, affiliates, franchisees, and/or assigns together with their respective employees, agents, directors, officers, and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this web site, your failure to use the site, your breach or alleged breach of the Terms of Use or your breach of the copyright, trademark, proprietary or other rights of third parties.

THIRD-PARTY WEB SITES

To the extent this site may link you to, or provide a link to, other sites on the Internet, Rocco’s Cafe is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of those websites. Links to third-party websites do not imply any endorsement of or association with such websites by Rocco’s Cafe.

CHOICE OF LAW AND FORUM

These Terms of Use will be governed by and construed in accordance with the laws of the state of California, without regard to its conflicts of laws provisions. You and Rocco’s Cafe expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the website shall be in the state or federal courts of the state of California, San Francisco County, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.

LINKING

Rocco’s Cafe does not represent that the content on this website is appropriate or available for use in locations outside the United States, and therefore, accessing the website from locations where the contents are illegal is prohibited. To the extent you access the website from such locations, you do so at your own risk and are solely responsible for compliance with local laws.

WAIVER AND SEVERABILITY

The failure of Rocco’s Cafe to exercise or enforce any right arising from the Terms of Use, a violation of the Terms of Use, or your use of the website shall not constitute a waiver of such right or provisions. In the event any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and Rocco’s Cafe agree that the court should construe that part in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms of Use shall remain in full force and effect.

TERMINATION

Rocco’s Cafe reserves the right, in its sole discretion, to terminate or block your access to all or part of this website, with or without notice.

VIOLATIONS

Please report any violations of the Terms of Use to Roccos I LLC, DBA Roccos Cafe at (415) 554-0522 or by mail at 1131 Folsom St., San Francisco, CA 94103 Attention – Legal Department. Terms of Use revised 5/2/24.