Please read these Terms carefully. Nothing on this Website is an offer to sell or a solicitation of an offer to buy any security or interest in any business. All investments involve risk, including the possible loss of the entire amount invested.
Acceptance of These Terms
These Terms of Use (“Terms”) govern your access to and use of caloriecafe.com (the “Website”), operated by KLEINHILL LLC (“Kleinhill”, “we”, “us” or “our”), 19333 Collins Ave, Apt 306, Sunny Isles Beach, FL 33160. By accessing or using the Website you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, please do not use the Website.
Informational Purposes Only
The Website provides general information about Kleinhill, its areas of interest in the restaurant and hospitality sector and its approach to evaluating businesses. The content is provided for general informational purposes only. It is not intended to be, and must not be relied upon as, financial, investment, legal, tax or accounting advice, nor as a recommendation regarding any particular business, transaction or strategy.
Any figures describing the hospitality sector or our internal processes are provided for general context only. They are not financial results or forecasts and do not indicate or predict the performance of any business or investment.
No Offer, Solicitation or Advice
Nothing on the Website constitutes an offer to sell, or a solicitation of an offer to buy, any security, partnership interest or other financial product in any jurisdiction. Any potential transaction with Kleinhill will be made only through definitive written agreements, following appropriate due diligence, and in compliance with applicable law. Kleinhill is not a registered broker-dealer, investment adviser or bank, and does not provide personalised investment advice.
Submitting a form, sending a message or communicating with us does not create any client, advisory, fiduciary or contractual relationship, and does not oblige either party to enter into any transaction.
Investment Risks
Investments in privately held businesses, including restaurants, cafés and hospitality properties, are speculative and involve significant risks, including but not limited to:
- the possible loss of all or part of the capital invested;
- limited liquidity and the absence of a public market for private interests;
- sensitivity to economic conditions, consumer spending, tourism flows, seasonality, labour and food costs, and competition;
- dependence on key management and operating personnel;
- regulatory, licensing, lease and property-related risks.
Any illustrations, scenarios or weightings presented on the Website are examples only. Past performance of any business is not indicative of future results, and no returns are promised or guaranteed. You should consult your own independent professional advisers before making any financial decision.
Eligibility
The Website is intended for adults aged 18 or older. By using the Website you confirm that you meet this requirement and that your use complies with the laws applicable to you.
Acceptable Use
You agree to use the Website only for lawful purposes. You must not:
- submit false, misleading or another person’s information through our forms;
- attempt to gain unauthorised access to the Website, its servers or any connected systems;
- introduce viruses, malware or other harmful code, or interfere with the Website’s operation or security;
- use automated means such as bots or scrapers to access or collect content without our written permission;
- use the Website to send unsolicited advertising or spam;
- use the Website in any way that infringes the rights of others or violates applicable law.
Your Submissions
When you submit information through the Website, you confirm that it is accurate and that you are entitled to share it. We handle personal information in accordance with our Privacy Policy. Please do not send confidential business information through the Website until an appropriate confidentiality agreement is in place; unsolicited information is received on a non-confidential basis.
Intellectual Property
The Website and its content — including text, graphics, logos, design, layout and software — are owned by or licensed to Kleinhill and are protected by copyright, trademark and other intellectual property laws. Photographs are used under applicable licences. You may view and print pages for your personal, non-commercial use only. Any other reproduction, distribution, modification or commercial use requires our prior written consent.
Third-Party Links and Services
The Website may contain links to third-party websites or services that we do not control. Such links are provided for convenience only, and we are not responsible for their content, policies or practices. Accessing them is at your own risk.
Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Website will be uninterrupted, error-free or free of harmful components, or that its content is complete or up to date.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, KLEINHILL AND ITS MEMBERS, MANAGERS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA OR INVESTMENT, ARISING OUT OF OR RELATING TO YOUR USE OF, OR RELIANCE ON, THE WEBSITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Indemnification
You agree to indemnify and hold harmless Kleinhill and its members, managers, employees and agents from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms or your misuse of the Website.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Website shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to the personal jurisdiction of those courts.
Changes to These Terms
We may revise these Terms at any time by posting an updated version on this page with a new “Last updated” date. Your continued use of the Website after changes are posted constitutes your acceptance of the revised Terms. We may also modify, suspend or discontinue any part of the Website at any time.
General Provisions
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Kleinhill regarding the use of the Website.
Contact Us
Questions about these Terms can be sent to us by email at [email protected], or by post: