SIMSIM RESTAURANT CORPORATION TERMS & CONDITIONS

TERMS OF USE

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. Your use of this website or any mobile site or other domain or software application which SIMSIM RESTAURANT CORPORATION and/or its affiliates and subsidiaries (collectively, “simsim”) owns, operates, licenses or controls (the “Site”) will indicate your acceptance of these terms; do not use this Site if you do not agree to be bound by these terms. These terms of use contain provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Site, these Terms of Use will govern. However, if you navigate away from the Site to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site, which will govern your use of that site. simsim reserves the right to change or modify these Terms of Use or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Site. If you do not agree to the amended terms, you must stop using the Site. Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of simsim. COPYRIGHT AND TRADEMARK All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by simsim or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without simsim’ express written consent. All rights not expressly granted are reserved. PERSONAL USE Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to simsim, and that in the event of an unauthorized use simsim shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity. SUBMISSIONS AND USE OF THIS SITE You agree not to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit materials that are unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights. simsim does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when simsim products or marketing strategies might seem similar to ideas submitted to simsim. So, please do not send your unsolicited ideas to simsim or anyone at simsim. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of simsim without compensation to you or any other person or party; (2) simsim will consider the submission to be non-confidential and non-proprietary; (3) simsim shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) simsim may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another. PRODUCT SALES AND AVAILABILITY simsim reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications or price of any products or services offered or mentioned on this Site. COMPLIMENTARY CARDS You may not redeem an simsim Complimentary Card (“Comp Card”) for cash, except to the extent required by law. Where prohibited by law (including, but not limited to the State of California), you may not use a Comp Card to pay for alcoholic beverages. LINKS Some links on this Site will redirect you to sites not under the control of simsim. The appearance of a link on this Site does not imply simsim’ support or endorsement, nor is simsim responsible for the content found on any linked site. You access linked sites at your own risk. PRIVACY See Privacy Policy.

JURISDICTION Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs. INDEMNIFICATION You agree to indemnify, defend and hold harmless simsim, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, or (iii) your conduct in connection with the Site. DISCLAIMER EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, SIMSIM MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. simsim does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if simsim is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk. LIMITATION OF LIABILITY SIMSIM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. THE CHEESECAKE FACTORY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF SIMSIM IS NEGLIGENT OR IF SIMSIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL SIMSIM BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. SIMSIM’ TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE. THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW. SEVERABILITY Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions. TERMINATION Notwithstanding any of these Terms of Use, simsim reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Sites. simsim failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms. WAIVER Failure or delay by simsim to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by simsim of any provision shall be deemed to have been made unless made in writing.