Lakeside Country Store Grille: Lakeside Country Store & Grille: ...Privacy Policy & Terms of Use...

Updated 12/14/2011

Owning the Lakeside Country Store & Grille here in the Fremont Nebraska State Lake Recreation Area is a challenging and rewarding endeavor that will be a true test of your strength, endurance, tolerance, and integrity.

During the peak season the days are long, busy, and strenuous. Between Memorial Day weekend and Labor Day Weekend are your busiest most productive time of the year bringing in plenty of revenue to keep the business in operation. The lease agreement with the State of Nebraska Game & Parks Commission requires that the store be open for business at least 6 days a week 8 hours a day between the Memorial Day and Labor Day weekends. The lease payment that I have negotiated at this time is 2% of Gross Receipts.

We have chosen to close on Tuesdays simply to serve customers that are extending their weekend a day after Sunday, also there are no orders made or vender deliveries scheduled, and from past sales records Tuesday tended to be the slowest day of the week. Closing Tuesdays also allows us to do a thorough cleaning of the store, clean and maintain equipment, and also allows us to run necessary errands around the area. We have concluded that a standard day of operation works out well with the hours going from 9:00am through 9:00pm. Hours have been adjusted to meet the needs of our customers. We have posted that we “Close @ Sunset” simply to inspire people to fulfill their needs before it gets too dark but as posted “If we are kept busy, we will stay open”. (We have served customers as late as 11pm but this is rare). In the past we did stay open past dark but it became concerning to me when parents would allow their very young unsupervised children alone out late in the dark. The Fremont SRA also closes and locks the east gate at 10:00pm causing a dramatic drop in customer traffic flow.

Our kitchen hours were set up from 11:00am to 8:00pm weekdays and 8:00am to 9:00pm on weekends with a breakfast buffet on Sundays that usually does very well. Patrons to the lakes usually “attempt” to make their own breakfasts on Saturdays but give it up and treat themselves to a Sunday buffet. Kitchen hours were cut to control the cost of labor.

There have been a few days of inclement weather conditions dealing with extended rain and storms where we reluctantly decide to close up shop due to the lack of patronage. Also since the buildings here would not be safe under severe weather conditions we have been known to lock up the store and seek shelter ourselves.

It is possible to create revenue during the “shoulder seasons”. That is the month or two before Memorial Day and a month or two after Labor Day. Revenue may be generated during the shoulder seasons but you will be subject to seasonal weather conditions.

We have opened the business as early as March and ended my business season as late as November offering goods and services to Fremont SRA guests.

I had intended to make more improvements to the business such as closing in the back room making it a comfortable three season room, serving Kettle Corn, getting a big BBQ spit going, and possibly getting a mobile concessions vehicle but those improvements were thwarted when the Nebraska State Fire Marshal condemned the hood and Ansil (fire suppression) system in my kitchen due to new safety regulations forcing me to put in all the funding ($50K+) I had for my before mentioned improvements. At least now the kitchen has been updated, improved, state inspected, and up to code. (The previous owner neglected to inform me of her previous inspections. It was very foolish of me to trust in the seller and not have the kitchen officially and thoroughly inspected).

The owner of this store will have to be licensed in many areas. There will be a Food Service license, an Egg Handler license, a Litter license, Bait license, a Sales Tax license, and a Tobacco license (if you choose to sell tobacco). I am not sure if the State Liquor Commission, Dodge County, or the Nebraska Game & Parks Commission would approve of a license to sell alcoholic beverages at this SRA location (I never attempted to apply). The State Department of Health and Human Services may require you to become a Grade 5 Water Tester to send in water samples from the well that services the store and home. We here at the Lakeside Country Store & Grille do NOT serve any water from the well to the public so we have our water bottled in (this is why we charge for water and ice). The well water at this location is heavy with iron giving it an odor that wouldn’t serve well to our customers for drinking or cooking. Our well water is primarily used for cleaning and filling minnow tanks. The public is restrained from touching it.

(FINANCIAL STATEMENTS HAVE BEEN REMOVED FROM THIS DOCUMENT PER REQUEST OF THE REALTER).

In this document I was showing the numbers that this business alone was pulling. My P/L statements are greatly affected due to using the store for my corporate write offs.

It’s YOUR business plan that will make your own profits, NOT MINE.

Many expenses incurred and not included in this list were items that are not directly related to the operations of the business Lakeside Country Store & Grille but were charged to the operations and expenses incurred through the functions of the GCB-Limited Liability Corporation (GCB-LLC) including travel expenses, insurances, and many personal family related medical expenses. There were also building and equipment purchases, updates, and repairs that the business had incurred under my watch and these would not affect the net profits of a new proprietor. This place is my financial tool.

This is a simple explanation as to why the Lakeside Country Store & Grille tax statements have never shown a profit on the bottom line under my proprietorship.

I purchased the Lakeside Country Store & Grille as something to keep me busy after my “retirement” from a telecommunications company after 23 years of service. I wanted to “be my own boss” and see what developed. I thought a seasonal business would be perfect giving me a summertime job and a vacation all winter for a few years until my pension and social security kicked in and then I could officially retire. The business can sustain itself while in operation but I have found it necessary to work at a job in the winter to make the mortgage and utility payments. (I treated it as if I’m buying a house). You literally have a private house on a lake with no lease payments in the off season.

I had every intention to run the place as a “break even” business by running efficiently and keeping my prices down giving my customers quality items at reasonable prices but I did incur some unexpected surprise expenses that hurt the bottom line. I never had any intention of gouging people with overpriced items although I know very well I could have and would have been justified in doing so. Some people have told me that I’m way under priced compared to other concession locations around the state.

Within the six years of ownership I have undergone not only the stress of running the business along with loosing my Brother to cancer, a beloved Pet to cancer, removing my Mother from her home, placing her in eldercare and have her pass away, my Sister passed away from cancer, a temp cook died from a fall in his home, and two days later my other cook was Life Flighted to an ICU with a brain aneurism (recovering). Each one of these occurrences has resulted in affecting the business’ bottom line with the necessity of temporarily shutting down operations during some peak periods to ending the business season early in order to assist in handling very stressful friend and/or family situations.

I’m proud and privileged to be approved and allowed by the Nebraska Game & Parks Commission to purchase the business and serve our guests. I was able to have this business to help friends that had lost their jobs by giving them some temporary work until they got back on their feet. My Dad (deceased 1999) had wanted to run this place but never got the chance, my Brother was so very proud that I was running my own business, and my Sister thought it was such a neat and fun thing to do. I gave a lot of kids their first jobs and made a lot of new friends. The cook that suffered the brain aneurism now uses this place as therapy to help him recover from his current physical conditions.

I want to step aside and give someone else the opportunity to purchase and operate the Lakeside Country Store & Grille but I’m not going to just give the place away. Some potential buyers have seen that the business hasn’t shown great profitability and have been giving me ridiculously unacceptable low offers from them just looking at the numbers and not looking into the great potential of the business itself. I have not shown great profits because I have been confronted with great and overwhelming situations both emotional and physical but no one seems to want to concern themselves with these facts. A person has to approach this business with drive, compassion, and a desire to succeed.

I need to let go of the business because since it is physically and emotionally draining with the long days and the stresses that go along with running any business putting a great strain on my health so it is medical reasons requiring me to move on but I can and will hold on as long as it takes until I am given a decent and fair offer. Greg – 12/14/11

The following Terms of Use contain the complete terms and conditions that apply to an individual's or entity's use of Lakeside Country Store Grille site. As used in this Agreement, "We," "Us" or "Our" refers to Lakeside Country Store Grille, and "You" or "Your" refers to the user. "Site" means any Lakeside Country Store Grille site posted on the World Wide Web.

1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions and Your waiver of any and all claims against Lakeside Country Store Grille, its parents, subsidiaries, affiliates, contractors, agents, officers, directors or employees arising out of Your use of Our Site or any materials, information, opinions or recommendations contained on Our Site.

2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at any time and in Our sole discretion, by posting a change notice or a new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.

3. COPYRIGHT

3.1 Use.
All content included on Our Site, such as text, graphics, logos, button icons, images, audio clips and software, is Our property or that of Our content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on Our Site is Our property protected by U.S. and international copyright laws. All software used on Our Site is Our property or that of Our software suppliers and is protected by U.S. and international copyright laws. You may electronically copy and print in hard copy portions of Our Site for the limited purpose of placing an order with Us or using it as a shopping resource. Any other use-including reproduction for purposes other than those noted above, modification, distribution, transmission, republication, display or performance-of the content on a Site without Our prior written permission is strictly prohibited.

3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the above restrictions, may result in severe civil and criminal penalties. Unauthorized duplication of the software constitutes copyright infringement and, in the United States, is punishable in a federal criminal action by a fine of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition, federal civil penalties allow the recovery of actual damages based on the number of copies produced plus the profits of the infringer, or statutory damages of up to U.S.$100,000 for willful copyright infringement.

4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.

5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or original or creative ideas (collectively, "Materials") submitted through Our Site. If despite this policy you submit any such Materials, We will deem it Our property. We will not treat the Materials as confidential, and We will not be liable for any use or disclosure of such Materials. Without limitation, We will own the exclusive rights to the Materials and will be entitled to unrestricted use of the Materials for any purpose, commercial or otherwise, without compensation to the submitter of such Materials.

6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR ACCESSING OUR SITE.

7. INDEMNIFICATION
You will defend and hold harmless Lakeside Country Store Grille, its parents, subsidiaries, affiliates, contractors, agent, officers, directors and employees against all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees and costs) made due to or arising out of a violation of these Terms of Use or Your use of this Site, including, without limitation, any claim arising out of unauthorized links to Our Site.

8 MISCELLANEOUS

8.1 Nonwaiver. If We fail to insist upon or enforce strict performance of any provision or right under the terms and conditions of these Terms of Use, it will not be construed as a waiver of any provision or right; rather, the same will be and remain in full force and effect.

8.2 Choice of Law. These Terms of Use will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington to the exclusion of any other law which may be imputed in accordance with choice of law rules applicable in any jurisdiction. The 1980 U.N. Convention on Contracts for the International Sale of Goods or any successor thereto does not apply to these Terms of Use. For any suit or claim pertaining to these Terms of Use or any information furnished hereunder, You irrevocably consent to the jurisdiction and venue of any state or federal court sitting in King County, Washington, USA, and You will not commence an action or proceeding relating to the subject matter of these Terms of Use in any other jurisdiction.

8.3 English Language Governs. It is the express wish of the parties that these Terms of Use be drawn up in English. C'est la volonté explicite des parties que ces termes d'usage soient rédiger en anglais.

8.4 Independent Contractor. These Terms of Use will not be interpreted or construed to create or evidence a partnership, joint venture or franchise relationship among the parties or as imposing any partnership or franchiser obligation or liability on either party.

8.5 Compliance With Laws. You will comply at Your own expense with all statutes, regulations, rules, ordinances and orders of any governmental body, department or agency that apply to or result from Your use of Our Site.

8.6. Severability. If any provision of these Terms of Use will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from and will not affect the validity and enforceability of any remaining provisions.

OUR ADDRESS:
Lakeside Country Store & Grille
3120 State Lakes Rd
Fremont, NE, 68025

We guarantee your privacy.
At Lakeside Country Store Grille, we are committed to protecting your privacy. Lakeside Country Store Grille does not sell, trade or rent your personal information to other companies. We use the information we collect about you to process orders and to provide a more personalized experience. Lakeside Country Store Grille will not collect any personal information about you except when you specifically and knowingly provide such information.

It may be helpful for you to know how we use the information we collect:

When you order, we request your name, e-mail address, mailing address, telephone number, credit card number and expiration date. This allows us to process and fulfill your order and to notify you of your order status.
When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address so we can administer the contest and notify winners.
We may also use the information we collect to notify you about important changes at Lakeside Country Store Grille and special offers we think you will find valuable.

By using our Web site, you consent to the collection and use of this information by Lakeside Country Store Grille. If we decide to change our privacy policy, we will post the changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

If you are under 18 years of age, you must have your parent or guardian's permission to order.

Lakeside Country Store & Grille Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY GCB-LLC ("COMPANY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT www.lakesidegriulle.net (THE "SITE") AND THE SERVICE OWNED AND OPERATED BY COMPANY (COLLECTIVELY WITH THE SITE, THE "SERVICE"). BY USING THE SITE OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITE OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITE.

Acceptance of Terms

The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "Terms of Use"), which term also incorporates the Privacy Policy available at www.lakesidegrille.net , and all other operating rules, policies and procedures that may be published from time to time on the Site by Company, each of which is incorporated by reference and each of which may be updated by Company from time to time without notice to you. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Company from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.

Modification of Terms of Use

Company reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. Company may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. The Service (including, without limitation, any Content or User Submissions (both as defined below)) is provided only for your own personal, non-commercial use (except as allowed by the terms set forth in the Projects: Fund-Raising and Commerce section of the Terms of Use). You are responsible for all of your activity in connection with the Service. For purposes of the Terms of Use, the term "Content" includes, without limitation, any User Submissions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Company or its partners on or through the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Submission, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

you know is false, misleading, untruthful or inaccurate;

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam or chain letters;

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or

impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Company may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company does not guarantee that any Content or User Submissions (as defined below) will be made available on the Site or through the Service. Company has no obligation to monitor the Site, Service, Content, or User Submissions. However, Company reserves the right to (i) remove, edit or modify any Content in its sole discretion, including without limitation any User Submissions, from the Site or Service at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated the Terms of Use), or for no reason at all and (ii) to remove or block any User Submissions from the Service.

Registration

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Company and select a password and screen name ("User ID"). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Company account. You shall not (i) select or use as a User ID or domain a name of another person with the intent to impersonate that person; (ii) use as a User ID or domain a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID or domain a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a User ID and domain in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Company password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Third Party Site

The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Company's control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Company or any association with its operators. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Content and License

You agree that the Service contains Content specifically provided by Company or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Company grants each user of the Site and/or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Third Party Intellectual Property — Copyright Notifications

Lakeside Country Store & Grille respects the intellectual property of others, and we ask our users to do the same. Lakeside Country Store & Grille may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. Lakeside Country Store & Grille will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lakeside Country Store & Grille Copyright Agent with a written notification containing at least the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Lakeside Country Store & Grille Site, sufficient for Lakeside Country Store & Grille to locate the material;

your address, telephone number, and email address;

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; and

a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe that your work has been removed or disabled by mistake or misidentification, please provide the Lakeside Country Store & Grille Copyright Agent with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):

a physical or electronic signature of the subscriber/user of the Services;

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that Lakeside Country Store & Grille may ignore such incomplete or inaccurate notices without liability of any kind.

Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

Our designated copyright agent for notice of alleged copyright infringement is:

Intellectual Property Rights — Project Creators

The Service provides you with the ability upload your content to the Site. Company will not have any ownership rights in your content, however, Company needs the following license to perform the Service. You hereby grant to Company the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.

You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to the Service or the Company’s Hosting of the content as contemplated by these Terms of Use.

To enable Company to Host your content pursuant to the above provisions, you hereby grant to Company the worldwide, non-exclusive, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.

Intellectual Property Rights — Users

The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site (collectively, the "User Submissions"). By Submitting User Submissions on the Site or otherwise through the Service, you:

acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;

by Submitting any User Submissions through the Site or the Service, you hereby do and shall grant Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Company does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;

represent and warrant, and can demonstrate to Company’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Company and all users of the Service;

you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;

that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and

understand that Company shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Company does not endorse and has no control over any User Submission. Company cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Termination

Company may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of the Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

International

Accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.

Electronic Delivery/Notice Policy and Your Consent

By using the Services, you consent to receive from Lakeside Country Store & Grille all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. Lakeside Country Store & Grille may provide such electronic Contract Notices by posting them on the Lakeside Country Store & Grille Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Lakeside Country Store & Grille Site and Services.

Governing Law

These Terms of Service (and any further rules, policies or guidelines incorporated by reference herein) shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that the company (and all Services) is deemed a passive website that does not give rise to personal jurisdiction over Lakeside Country Store & Grille or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

Integration and Severability

The Terms of Use are the entire agreement between you and Company with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Site. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). The Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.