Daily Grill Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS THEGRILL.COM (“SITE”).

By accessing or using this site, you agree to these terms of use. If you do not agree to these terms you may not use this site. The Terms of Use published within the pages of the Site constitute the entire and only agreement between Grill Concepts, Inc. and its users with respect to this Site.Your continued use of the Site and our services signifies that you have read and understand the Terms of Use effective as of the date of your use of the Site. Your rights to use the services provided on this Site are not transferable and are subject to any limits established by GrillConcepts, Inc.

We reserve the right to revise or remove any part of the Terms of Use at our sole discretion at any time and without prior notice to you by updating this posting. Therefore, you should visit this page periodically for changes. This web site is continually under development and changes in the Site may be made at any time. Any changes are effective upon posting to this Site. If you disagree with the Terms of Use, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.

Acceptable Site Use.

a. User age and access. By using this Site you represent that you are a United States of America resident over the age of 18. If you are under the age of 18, you are not eligible to use our services; please do not use this Site. You are also responsible for, and must make your own arrangements for, the provision and payment of all telephone and other equipment and services necessary to access this Site.

b. License. The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform,reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Grill Concepts, Inc. Grill Concepts, Inc. claims no ownership rights in the content placed on the Site by you or other registered users. We grant you a personal, non-exclusive, non-transferable license to access our web site and to use the information and services contained here. Our Site may contain or give you access to software tools or databases that allow you to search and retrieve information. You may not sell, rent, lease, lend, or transfer or participate in the sale, rental, lease, loan or transfer of any services provided on this site and you may not assign or sublicense this license.

Specific Prohibited Uses.

The Site may be used only for lawful purposes by individuals using authorized services of Grill Concepts, Inc. You are responsible for your own communications, including the upload,transmission and posting of information, and are responsible for the consequences of their posting on or through the Site. Grill Concepts, Inc. specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:

a. Posting any information which is incomplete, false or inaccurate not your own.

b. Posting information such as opinions or notices, commercial or otherwise, or any inappropriate information to a community environment such as profanity and pornography.

c. Uploading onto the pages of TheGrill.com messages containing racial, ethnic, or religious slurs or similar epithets, or advocating violence or containing other language that is deeply or widely offensive.

d. Publishing on the pages of TheGrill.com any information or other content that contains any charity requests, petitions for signatures, or solicitation of other users to use specific goods or services (except through bona fide advertisements).

e. Conducting any activity, or soliciting the performance of any illegal activity or other activity, that infringes the rights of Grill Concepts, Inc., or any of its information providers, bonafide advertisers, or other users.

f. Posting any information for business or other commercial use including without limitation advertisements or solicitations of business.

g. Posting material that is copyrighted, or otherwise owned by a third party, unless you are the copyright owner or have the permission of the owner to post it;

h. Posting material that reveals trade secrets, unless you own them or have the permission of the owner;

i. Posting material that infringes on any other intellectual property, privacy or publicity right of another;

j. Posting material that is obscene, pornographic, sexually explicit, defamatory, threatening,harassing, abusive, or discriminatory, to another user or any other person or entity;

k. Posting chain letters or pyramid schemes;

l. Impersonating another person; or,

m. Constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol.

n. Attempting to interfere in any way with Grill Concepts, Inc. networks or network security, or attempting to use the TheGrill.com service to gain unauthorized access to any other computer system.

o. Transmitting or transferring (by any means) information or software derived from theSite to foreign countries or certain foreign nationals in violation of U.S. export control laws.

Copyright

All site design, text, graphics, interfaces, and the selection and arrangements thereof are © 2012,Grill Concepts, Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order with GrillConcepts, Inc. or using this site as a shopping resource. Any other use of materials on this site,including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of Grill Concepts, Inc. is strictly prohibited.

Trademarks

All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary toGrill Concepts, Inc. or other respective owners that have granted Grill Concepts, Inc. the right and license to use such Marks.

Disclaimer of Warranties

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THISSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, AREPROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUMEXTENT PERMITTED BY THE LAW, GRILL CONCEPTS, INC. DISCLAIMS ALLREPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TOSUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUTNOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTERVIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING ORCOURSE OF PERFORMANCE. IN ADDITION, GRILL CONCEPTS, INC. DOES NOTREPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITEIS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice.

Limitation on Liability

IN NO EVENT SHALL GRILL CONCEPTS, INC. BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL,DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF GRILL CONCEPTS, INC.HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHERTHEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE,OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, ANDMATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLYNOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITEDREMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOWLONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OFLIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVELIMITATIONS MAY NOT APPLY TO YOU.

External Sites

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”). You acknowledge that GrillConcepts, Inc. is not responsible for the availability of, or the content located on or through, any site other than TheGrill.com. You should contact the site administrator or Webmaster for thoseExternal Sites if you have any concerns regarding such links or the content located on suchExternal Sites.

Security Rules.

Violations of system or network security may result in civil or criminal liability. Grill Concepts,Inc. will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

a. accessing data not intended for such user or logging into a server or account which user is not authorized to access;

b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing”or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or services, or

d. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Termination of Service.

Grill Concepts, Inc. may terminate your use of the Site or any of our services at any time and for any reason without notice for conduct violating these guidelines for use or terms of use contained on other pages of this Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Grill Concepts, Inc., its affiliated companies,licensors, employees, agents, and any third party information providers as well as it’s officers,directors, employees and agents, from and against any claims, actions or demands, (including without limitation reasonable legal and accounting fees) alleging or resulting from (a) with respect to you: (i) infringement or misappropriation of any intellectual property rights; (ii)defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of these Terms of Use; (b) any damage or destruction to our Site or to us, or to another person or party which damage is caused by or otherwise results from your acts or omissions. GrillConcepts, Inc. shall provide notice to you at the e-mail address you provide us promptly of any such claim, suit, or proceeding. You are responsible for ensuring that the e-mail address is current and operable.

Confidentiality.

You acknowledge that your communications to, from and through this Site are not confidential and that your communications may be read or accessed by others. If you send any communication to our Site (including comments, data, questions, suggestions, etc.) we will treat all such material as our property. Thus you give us any and all of your rights to such material and our use of the material. You give up your proprietary rights, your privacy rights,your rights to credit or compensation for the material or idea, and all other rights. By sending materials to our Site you authorize us to publish, broadcast, adapt, change disclose, copy, license,post, sell, transmit or use the material anywhere in the world in any medium forever without any compensation to you. Grill Concepts, Inc. reserves the right at all times to disclose any information posted by you or provided to Grill Concepts, Inc. as necessary to satisfy any law,regulation or governmental request.

General

If you are dissatisfied with our Site, our services or the products listed, your sole and exclusive remedy is to discontinue use of the Site.

These Terms of Use are governed by the federal and state laws of the State of California, without respect to its conflict of laws principles.

Our failure to enforce or exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. No waiver of any term of these Terms of Use shall be effective unless in writing signed by us. No waiver shall be deemed a further or continuing waiver of such term or any other term.

Resolution of Disputes

By using this Site, you agree to arbitrate any and all disputes by binding arbitration administered by the American Arbitration Association (www.adr.org). Any dispute arising between You and Grill Concepts, Inc. must first be presented to the other party for resolution. You must notifyGrill Concepts, Inc. by mail or fax at the address listed below; Grill Concepts, Inc. will notifyYou at the email or postal address it has for You. If this dispute can not be resolved within sixty days, the complaining party must submit its claim for settlement by final and binding arbitration.Judgment on the award rendered by the arbitrator may be entered by a court of competent jurisdiction. Arbitration will be conducted by a single arbitrator and in Los Angeles County,California. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ARE GIVING UPTHE RIGHT TO HAVE ANY DISPUTE REGARDING THIS AGREEMENT HEARD BY AJURY AND DETERMINED BY A COURT OF LAW.

YOU AGREE THAT YOU WILL FILE ANY DISPUTE YOU HAVE WITH Grill Concepts,Inc. WITHIN ONE (1) YEAR OF THE TIME THAT SUCH CLAIM AROSE AND THATANY DISPUTES RAISED BY YOU LATER ARE FOREVER BARRED. YOU AGREETHAT YOU WAIVE ANY ENTITLEMENT, AT LAW OR EQUITY, TO A LONGERPERIOD TO RAISE SUCH DISPUTES.

EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, YOU FURTHER AGREEBY USING THIS SITE THAT ANY DISPUTE AGAINST Grill Concepts, Inc. SHALL BEBROUGHT BY YOU INDIVIDUALLY AND NOT ON BEHALF OF ANY OTHERS.

Limitation on Actions

Any claim by a user or users with respect to or against Grill Concepts, Inc must be instituted within one year of the claim arising, or be barred.

Any inquiries concerning these Terms of Use should be directed to info@thegrill.com or write to us at Grill Concepts, Inc., 6300 Canoga Avenue, Suite 600, Woodland Hills, California 91367.Tel: (818) 251-7000 FAX: (818) 999-GRIL.