Terms of Service

Agreement

These Terms of Service govern your use of this website, operated by KPOT Middletown ("the Company", "we", "us"), located at 88-60 Dunning Rd, Middletown, NY 10940. By using this website you agree to these terms. If you do not agree, please do not use the site.

Use of this website

You may use this website for lawful purposes only. You agree not to attempt to disrupt the site, gain unauthorized access to it, submit false or misleading information, or use automated tools to harvest content or flood our forms.

Inquiries and group bookings

Submitting the inquiry form starts a conversation; it is not a confirmed reservation. A group booking is only confirmed when our team confirms it with you directly. Group dining discounts apply as described on the group dining page and are subject to the conditions stated there, including that soda is included while alcohol and bar drinks are not.

Menu, pricing and availability

Menu selection, pricing, promotions and availability may change without notice and are confirmed at the restaurant. Nothing on this website is an offer to supply at a stated price.

Intellectual property

The KPOT name, logo and brand marks, together with the photographs and text on this website, are the property of their respective owners and may not be copied or reused without permission.

Third-party links

This website links to third-party services such as Google Maps. We do not control those services and are not responsible for their content or their privacy practices.

Disclaimer of warranties

This website is provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that the site will be uninterrupted or error free.

Limitation of liability

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages arising out of your use of, or inability to use, this website.

Food allergies

Descriptions of food on this website are general and are not a complete list of ingredients or allergens. If you have a food allergy or dietary requirement, please speak to our staff at the restaurant before ordering.

Dispute Resolution; Binding Arbitration; Class Action & Jury Trial Waiver

Informal Resolution

Before initiating any claim, you agree to first contact us and attempt to resolve the dispute informally. Most concerns can be resolved this way.

Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, this website, or our services that cannot be resolved informally shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court. The arbitration shall take place in the county and state in which the Company's principal place of business is located, unless applicable law requires otherwise.

Class Action & Jury Trial Waiver

You and the Company agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and the Company waive any right to a jury trial and any right to participate in a class action or class-wide arbitration.

If any portion of this section is held unenforceable, the remainder of this section shall remain in effect; however, the prohibition on class, collective, or representative proceedings is non-severable.

Governing law

These Terms are governed by the laws of the State of New York, without regard to its conflict of law provisions.

Changes to these terms

We may revise these Terms from time to time. The date at the top of this page shows when they were last updated, and continued use of the site after a change means you accept the revised terms.

Contact

Questions about these Terms may be sent to 88-60 Dunning Rd, Middletown, NY 10940, or through our contact page.