Last updated: 09/26/2024

Welcome to BayAreaTopSpots.com ("we," "our," or "us"). By accessing or using our website, BayAreaTopSpots, located at www.BayAreaTopSpots.com (the "Website"), you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using our Website. If you do not agree to these Terms, please do not use our Website.

1. Acceptance of Terms
By accessing or using our Website, you confirm that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms, you should stop using our Website immediately.

2. Use of Our Website
Our Website provides lists of restaurants and details about them. It also allows users to engage with content using a Facebook Comments widget. You agree to use our Website only for lawful purposes and in a manner consistent with these Terms and applicable laws and regulations. You are responsible for ensuring that any information you provide on the Website is accurate and up to date.

3. User-Generated Content (Facebook Comments Widget)
Our Website integrates with the Facebook Comments widget, which allows users to comment on restaurant details. By submitting content through the Facebook Comments widget, you acknowledge that:
- All comments and interactions you submit via Facebook are subject to Facebook's terms and conditions and privacy policies.
- You grant us a non-exclusive, royalty-free, worldwide, and irrevocable license to display, distribute, and use your comments in connection with our Website.
We reserve the right to monitor and remove any user-generated content, such as comments, that violate these Terms or applicable law, or are deemed inappropriate at our discretion.

4. Intellectual Property
The content, design, graphics, and all other materials on our Website are owned by or licensed to us and are protected by intellectual property laws. You agree not to copy, modify, distribute, or create derivative works from any material or content on our Website without our prior written consent. You may view, download, and print content from our Website for personal, non-commercial use only.

5. Third-Party Links and Services
Our Website may contain links to third-party websites or services, such as restaurant websites or Facebook. These links are provided for your convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of third-party websites or services. Your interaction with any third-party websites is governed by their respective terms of use and privacy policies.

6. Disclaimers
The information provided on our Website is for general informational purposes only. While we strive to ensure the accuracy and completeness of the information, we make no warranties or representations, express or implied, about the accuracy, completeness, reliability, or availability of the content or services provided through our Website. You agree that your use of the Website is at your sole risk. We disclaim any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability
To the fullest extent permitted by law, we will not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way related to your use of our Website or your reliance on any content provided, whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. This includes, but is not limited to, any loss of profits, data, business, or goodwill.

8. Indemnification
You agree to indemnify, defend, and hold harmless www.BayAreaTopSpots.com, its affiliates, and its respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Website, or your violation of these Terms.

9. Termination We reserve the right, in our sole discretion, to suspend or terminate your access to the Website at any time, without notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Website will immediately cease.

10. Governing Law
These Terms are governed by and construed in accordance with the laws of San Mateo County in California, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Website shall be resolved in the courts located in San Mateo County in California., and you consent to the jurisdiction of such courts.

11. Changes to These Terms
We reserve the right to update or modify these Terms at any time. If we make changes, we will post the revised Terms on this page and update the "Last updated" date at the top. Your continued use of the Website after the changes are made constitutes your acceptance of the new Terms.

12. Contact Us
If you have any questions about these Terms, please contact us, check "Contact Us" section for contact details.

Additional Clauses for GDPR and CCPA Compliance
a. For GDPR (EU Users):
- Data Protection: By using this Website, you consent to the processing of your data in accordance with our Privacy Policy. We comply with GDPR regulations and ensure that personal data is handled lawfully, fairly, and transparently.
- Right to Withdraw Consent: If you are an EU resident, you have the right to withdraw consent at any time by contacting us. However, withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.
b. For CCPA (California Users):
- Do Not Sell My Personal Information: We do not sell your personal information. However, if this changes in the future, California residents will have the right to opt out of the sale of their personal information by following the procedure outlined in our Privacy Policy.
- Consumer Rights: If you are a California resident, you have certain rights under the CCPA, including the right to request access to and deletion of your personal information. For more details, see our Privacy Policy.