THE RANCH Saloon App gives you direct access from any smartphone to:
- Saloon Calendar
- Nightly Pictures Taken
at The Ranch Saloon
- Live Streaming
THE RANCH Saloon App gives you direct access from any smartphone to:
The Ranch Steakhouse and Saloon, Inc., a California corporation
The Ranch is committed to protecting its visitors' and users' (hereafter "User" or "you") privacy. The following Privacy Statement ("Privacy Statement") outlines the information that the Ranch Steakhouse and Saloon, Inc., a California corporation (hereafter "The Ranch" 'we', or 'us') may process and how we may use that information to better serve our Users who visit and use the Ranch mobile customer application (the "App"). This Privacy Statement is incorporated into and made subject to the Terms and Conditions Agreement.
Please review the following Privacy Statement carefully so that you understand our privacy practices.
If you have questions about this Privacy Statement, please contact us at email@example.com.
1. Information we collect. By accepting this Privacy Statement, you agree that, the Ranch may store the information you submit to or through the App, as well as information we collect in connection with your use of the App. The Ranch's primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features and to customize our service to make your experience better.
We use the information to fulfill User requests, provide the App's functionality, improve the App's quality, personalize User experiences, track usage of the App, display relevant advertising, provide User support, message Users, back up our systems, enhance the security of the App, and comply with all legal obligations.
Among the information the Ranch collects are the following:
3. The Ranch's Use of Your Information. We use information in the files we maintain about you, and the other information we obtain from your current and past activities on the App to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. At times, we may review the data of multiple Users to identify problems or resolve disputes. You agree that we may use your personally identifiable information to improve our marketing and promotional efforts, to analyze and track App usage, improve our content and product offerings, and customize our App's content, layout, and services. These uses improve our App and allow The Ranch to better tailor them to meet your needs. You agree that we may use your information to contact you and to deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, push notifications and communications relevant to your use of the App. By accepting this Privacy Statement, you expressly agree to receive this information. If you do not wish to receive these communications, you may opt out of receiving these messages through the Ranch App "Information" screen, or by clicking the Unsubscribe link at the bottom of an email received.
4. Our Disclosure of Your Information. Due to the regulatory environment in which The Ranch operates, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Statement. By way of example (without limiting any of the foregoing), we may be required to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions or your private communications. Accordingly, although we use industry standard practices to protect your privacy, the Ranch does not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about Users to any third party. However, the following describes some of the ways that your personally identifiable information may be used or disclosed
5. Regarding Children. Children are not eligible to use the Ranch App and we ask that minors (under the age of 18) not submit any personal information to us.
6. Control of Your Password. You are responsible for all actions taken with your login information and password. Therefore we do not recommend that you disclose your password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password, and therefore should review each third party's Privacy Statement. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.
7. Data Protection. The App uses industry standard practices, including 'firewalls' and secure socket layers, to safeguard the confidentiality of your personal identifiable information. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others inside and outside the company. However, 'perfect security' does not exist on the Internet.
8. Dispute Resolution. If you believe that The Ranch has not adhered to this Privacy Statement you may contact us online by emailing firstname.lastname@example.org or write to us at the following address:
9. Governing Law and Jurisdiction. User and The Ranch agree that any dispute, claim or controversy arising out of or related to this Privacy Statement or the breach, termination, enforcement, interpretation or validity thereof or the use of the App (collectively "Disputes") shall be governed, construed and interpreted in accordance with the internal laws of the State of California. User hereby consent to the jurisdiction of any state or federal court located within the County of Orange, State of California and irrevocably agrees that, subject to The Ranch's election, all actions or proceedings arising out of or related to this Privacy Statement shall be litigated in such courts. User expressly submits and consent to the jurisdiction of the aforesaid courts and waives any defense of forum non conveniens.
10. Waiver of Jury Trial / Judicial Reference / Arbitration. To the fullest extent permitted by applicable law, User and The Ranch each hereby irrevocably and expressly waive all right to a trial by jury in any action, proceeding, or cross-complaint (whether based upon contract, tort, or otherwise) arising out of or relating to this Privacy Statement or the breach, termination, enforcement, interpretation or validity thereof or the use of the App. User acknowledges that such waiver is made with full knowledge and understanding of the nature of the rights and benefits waived hereby, and with the benefit of advice of counsel of its choosing.
User and The Ranch each prefer that any dispute between them be resolved in litigation subject to the jury trial waiver set forth herein, but the California Supreme Court has held that such pre-dispute jury trial waivers are unenforceable. The Judicial Reference procedure described below will be applicable until: (a) the California Supreme Court holds that a pre-dispute jury trial waiver provision similar to that contained herein is valid or enforceable; or (b) the California legislature passes legislation and the governor of the State of California signs into law a statute authorizing pre-dispute jury trial waivers and as a result such waivers become enforceable. Accordingly, User and The Ranch each knowingly and voluntarily agree that any civil action or proceeding involving a dispute arising out of or relating to this agreement, shall be tried solely through a Judicial Reference as provided in sections 638 through 645.1 of the California Code of Civil Procedure ('CCP') as described above. User and The Ranch further realize that by agreeing to Judicial Reference as provided in CCP sections 638 through 645.1, User and The Ranch will have waived their rights to trial by jury. User and The Ranch each further agree that the referee shall be a retired Judge or Justice selected by mutual written agreement of User and The Ranch. If User and The Ranch do not agree, the referee shall be selected by the trial court. User and The Ranch further agree that the filing of any law and motion hearings or the initiation of any hearings to obtain any form of a pre-judgment remedy shall not operate as a waiver of User and The Ranch's right to trial solely through a Judicial Reference. A request for appointment of a referee may be heard on an ex parte or expedited basis, and User and The Ranch agree that irreparable harm would result if ex parte relief is not granted. The referee shall be appointed to sit with all the powers provided by law. The referee shall be required to determine all issues in accordance with existing case law and the statutory laws of the State of California. The rules of evidence applicable to proceedings at law in the State of California will be applicable to the reference proceeding. The referee shall be empowered to enter equitable as well as legal relief, provide all temporary or provisional remedies, enter equitable orders that will be binding on User and The Ranch and rule on any motion which would be authorized in a trial, including without limitation motions for summary judgment or summary adjudication. The referee shall issue a decision pursuant to CCP section 644 and the referee's decision shall be entered by the court as a judgment or an order in the same manner as if the action had been tried by the court. The final judgment or order entered by the referee shall be fully appealable as provided by law. User and The Ranch reserve the right to receive findings of fact, conclusions of laws, a written statement of decision, and the right to move for a new trial, which new trial, if granted, is also to be a reference proceeding under this provision.
Although User and The Ranch each prefer that any dispute between each other shall be resolved solely through Judicial Reference as set forth herein, the California Supreme Court has held that a trial court may refuse to enforce a Judicial Reference agreement, and deny a motion for appointment of a referee under CCP section 638, where there is a possibility of conflicting rulings on a common issue of law or fact, or based on considerations of judicial economy specifically, the duplication of efforts, increased costs, potential delays in resolution, and an unmitigated burden on the Superior Court. Accordingly, if the trial court refuses to enforce the appointment of a judicial referee (and no successor statute is enacted) User and The Ranch knowingly and voluntarily agree to submit and settle any dispute, controversy or claim arising out of relating to this agreement to arbitration. This agreement to submit to arbitration is presently effective but shall be enforced only in the event that the Jury Waiver and the Judicial Reference provision as set forth above and as provided in CCP sections 638 through 645.1, is held unenforceable. The arbitration shall be conducted in Orange County, in the State of California and administered by a retired Judge or Justice selected by mutual written agreement of User and The Ranch who shall be governed by the same procedure as if User and Ranch were proceeding by the above Judicial Reference procedure. User and Ranch further agree that the filing of any law and motion hearings or the initiation of any hearings to obtain any form of a pre-judgment remedy shall not operate as a waiver of User and The Ranch's right to submit and settle any dispute, controversy or claim arising out of relating to this agreement to arbitration.
The arbitration procedure shall be governed by the substantive and procedural laws of the State of California, including all aspects of its arbitration law pursuant to the California Arbitration Act, sections 1280 through 1294.2 of the Code of Civil Procedure ("CAA") as amended from time to time. If a conflict exists between the provisions of the CAA and this Agreement, the language of the Agreement shall control. User and The Ranch shall each have all rights of discovery and remedies as they would in a California civil action pursuant to California Code of Civil Procedure section1283.05, and that the arbitration shall be governed by all of the applicable rules set forth in civil discovery act, CCP sections 2016.010 through 2036.05. The rules of evidence applicable to proceedings at law in the State of California will be applicable to the arbitration proceeding and the arbitrator is at all times required to strictly conform to these rules. The arbitrator shall prepare in writing and provide to the User and The Ranch an award including factual findings explaining the reasons on which their decision is based.
The arbitrator shall not have the power to commit (a) errors of law or legal reasoning, (b) errors of fact, or (c) errors with regards to mixed questions of law and fact. In addition, the arbitrator shall not reach factual conclusions unsupported by substantial evidence. Furthermore, the arbitrator shall not have the power to render an award (a) not based on proper admissible evidence, (b) based on evidence not presented at the hearing, or (c) not in conformity with the substantive and procedural law of the State of California.
In any arbitration arising out of or related to this Privacy Statement or App, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and User and The Ranch each waive any right to recover any such damages. If the arbitrator exceeds any of the foregoing specific powers, the award may be vacated or corrected by filing a petition pursuant to the CAA in the time frame provided in CCP sections 1280 through 1294.2 in the Superior Court for the County of Orange, in the State of California. The award is subject to review for legal error, factual error, confirmation, correction or vacatur only in a California State Court of competent jurisdiction and only pursuant to the CAA. In reviewing the award, the Superior Court shall sit as if it were an Appellate Court, in all respects, including but not limited to the scope of review. The decision of the Superior Court is, itself, subject to review by the California Appellate Courts. The Court shall have the power to review (a) whether the findings of fact rendered by the arbitrators are supported by substantial evidence and (b) whether, as a matter of law based on such findings of fact the award should be confirmed, corrected or vacated. Upon such determination, judgment shall be entered in favor of either party consistent therewith. If any portion of this arbitration provision is held invalid or unenforceable, the remainder shall still be valid and enforceable. The arbitrator and/or supervising Court shall both have the power to amend the arbitration procedures set forth herein so this agreement shall remain enforceable and binding. User and The Ranch each acknowledge that the judicial referee or arbitrator will charge fees and costs to conduct the Judicial Reference or arbitration. User and The Ranch each agree to initially divide equally all Judicial Reference or arbitration fees and the compensation of the judicial referee or arbitrator. Notwithstanding the foregoing, User and Ranch each further acknowledge that the judicial referee or arbitrator may decide that one party or the other is the prevailing party in which event the non-prevailing party will be obligated to reimburse the prevailing party for all of the fees and costs imposed in connection with the Judicial Reference or the arbitration.
11. GENERAL. No joint venture, partnership, employment, or agency relationship exists between you, The Ranch or any third party provider as a result of this Privacy Statement or use of the App. If any provision of this Privacy Statement are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of The Ranch to enforce any right or provision in this Privacy Statement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the The Ranch in writing. This Privacy Statement together with the Terms and Conditions Agreement comprises the entire agreement between User and The Ranch and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.Done