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Introduction.

These Website Standard Terms and Conditions (these “Terms”) contained herein on this webpage, shall govern your use of this Website, including all pages within this website (collectively hereinafter “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all Terms contained herein in full. You must not use this Website if you have any objection to any of these Terms.

User Eligibility.

Your use of this Website constitutes your representation that (a) any information you submit, if applicable, is truthful and accurate, (b) you are at least 13 years of age, (c) if you are under the age of 18, you have the authorization of your legal guardian, and (d) your use of the Website does not violate any state, federal, or other law that applies to your jurisdiction.

Intellectual Property Rights.

This Website,www.meritagehospitality.com, is owned and operated by Meritage Hospitality Group Inc. (hereinafter “Meritage”). Meritage and/or its licensors own all rights to the intellectual property and material contained in this Website and all such rights are reserved.

Restrictions.

You acknowledge and agree that (a) all content on this Website is the intellectual property of Meritage, (b) you are permitted to use the Website for your personal, non-commercial use only, (c) you shall not reproduce, publish in any media, distribute, modify, create derivative works of, publicly display, publicly perform, download, store, sell, sublicense, transmit, or otherwise commercialize any material on our Website, (d) you shall not use the Website in any way that is, or may be, damaging to the Website or any person or business, impacts user access to the Website, or violates any applicable law or regulation, and (e) you shall not engage in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website or while using this Website.

Meritage reserves the right to restrict, block, or terminate your access to all or part of this Website at any time without notice.

No warranties.

You expressly agree that your use of this Website is at your own risk. You acknowledge that this Website is provided “as is”. Meritage expressly disclaims all warranties of any kind, whether express or implied, related to use of this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing advice to you.

Limitation of liability.

In no event shall Meritage, its subsidiaries, affiliated entities, officers, directors, agents, insurers, and employees, be liable to you for any direct, indirect, incidental, special, or exemplary damages arising out of or in any way connected with your use of or inability to use this Website whether such liability is under contract, tort, or otherwise.

Indemnification.

You hereby agree to defend and indemnify to the fullest extent Meritage, its subsidiaries, affiliated entities, officers, directors, agents, insurers, and employees from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to your use of this Website or your breach of any of the provisions of these Terms.

Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid, as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms.

Meritage is permitted to revise these Terms at any time as it sees fit, and, by using this Website, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Meritage and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.

Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of Michigan, and you submit to the exclusive jurisdiction of the state and federal courts located in Kent County, Michigan for the resolution of any disputes.

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