Effective Date: 02/02/2024
Operator: MidiCi Gainesville (“we,” “us,” “our”). Website: midicigainesville.com (“Site”).
1. Acceptance of Terms
Use of this Site, ordering, and event registration constitute acceptance of these Terms of Use, the Privacy Policy, the Accessibility Statement, and any other posted policies. If you do not agree, do not access or use the Site.
2. Restricted Users; Jurisdictional Exclusion
This Site is operated in the United States and intended for use only by persons physically located in the United States and its territories. Access and use by residents or citizens of the European Union (EU), European Economic Area (EEA), United Kingdom (UK), or any person located in those jurisdictions is unauthorized. By accessing the Site, you represent and warrant that you are located in the United States and are not an EU/EEA/UK resident or citizen.
We reserve the right to restrict or block access from any IP addresses, IP ranges, devices, or geographic regions (including EU/EEA/UK) in our sole discretion. If we discover that we have collected information from a person in the EU/EEA/UK, we will either cease processing and delete that data or otherwise act consistent with our right to refuse service; do not provide personal data if you are located in those jurisdictions.
3. Eligibility; Age
You must be at least 18 years old to place orders or enter into legally binding agreements through the Site. Minors may view the Site but may not order or register for events without valid parental or guardian consent and a parent/guardian’s acceptance of these Terms.
4. Orders; Event Bookings; Payment Terms
All orders and bookings are subject to availability and acceptance. We may refuse or cancel orders or registrations for any reason, including suspected fraud or breach of these Terms. Payment is required at time of ordering unless explicitly stated otherwise. Payments are processed via third-party payment providers; you agree to the payment provider’s terms. You authorize charges to the payment method you provide.
5. Pricing, Menu Items, Availability
All menu items, prices, and availability posted on the Site are subject to change without notice. Errors, omissions, or inaccuracies may occur; we reserve the right to correct pricing or product information even after you place an order. We will not be liable for pricing errors beyond residential-level correction or rescission of the transaction.
6. Deposits and Fees for Events/Private Bookings
Event bookings and private dining may require a deposit. Deposits secure the date and are applied toward the final balance. Deposits and fees are non-transferable except at our sole discretion and subject to the Refund & Cancellation Policy.
7. No Sale to Restricted Jurisdictions; Export Controls
Products and services available on the Site are intended solely for U.S. residents and users. You represent that you are not located in or a citizen of any jurisdiction where access or use would be illegal. You will comply with all export and re-export restrictions.
8. Intellectual Property
All Site content, including text, images, graphics, logos, menus, and code, is our property or licensed to us and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our prior written consent.
9. Prohibited Conduct
You may not: (a) use the Site for unlawful purposes; (b) interfere with Site operation; (c) reverse-engineer or scrape content; (d) submit false information; (e) attempt to gain unauthorized access to systems; (f) use automated means to place orders without express permission.
10. Third-Party Links and Services
The Site may include links, widgets, or integrations with third-party services (payment processors, delivery partners, analytics). We do not control third parties. Your interaction with third parties is at your own risk.
11. Privacy; Data Processing; EU/EEA/UK Exclusion Restated
Our Privacy Policy governs data collection and processing. We do not knowingly collect or process personal data of EU/EEA/UK residents. Where inadvertent EU/EEA/UK personal data collection occurs, we will promptly delete or cease processing that data. All processing and storage occur in the United States.
12. Limitation of Liability; Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OUR LIABILITY FOR DIRECT DAMAGES IS LIMITED TO THE AMOUNT YOU PAID TO US FOR THE PRODUCT/SERVICE IN QUESTION DURING THE PRIOR SIX (6) MONTHS. IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.
13. Indemnification
You agree to indemnify, defend, and hold harmless MidiCi Gainesville, its officers, employees, agents, and affiliates from any claims, damages, liabilities, and expenses arising from your breach of these Terms or your use of the Site.
14. Dispute Resolution; Arbitration; Class Waiver
Any dispute arising from or related to these Terms, the Site, or services shall be resolved by binding arbitration under the Federal Arbitration Act, administered by a recognized arbitration organization. You and we each waive the right to a trial by jury and to participate in a class action or representative action. The arbitration will occur in Alachua County, Florida, unless otherwise agreed in writing. Notwithstanding the foregoing, small claims may be brought in appropriate court.
15. Governing Law; Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles, and exclusive venue is the state and federal courts located in Alachua County, Florida, except for matters subject to arbitration as above.
16. Termination; Suspension; Remedies
We may suspend or terminate access to the Site or cancel orders at our discretion for violations of these Terms or suspected illegal activity.
17. Modifications to Terms
We may modify these Terms at any time. Material changes will be posted on the Site with a revised “Last Updated” date. Continued use after posting constitutes acceptance of the modified Terms.
18. Contact Information
Email: in**@***************le.com
Phone: (352) 872-5107
Mailing address: 4949 Celebration Pointe Ave #100 | Gainesville, FL 32608