Terms of Service

The terms that govern your use of our website and services.

Effective Date: May 18, 2026 · Last Updated: May 18, 2026

These Terms of Service (the “Terms”) form a binding agreement between you and Capriciano Restaurant Group LLC, a California limited liability company doing business as Capriciano Osteria (“Capriciano,” “we,” “us,” or “our”), and govern your access to and use of the website located at https://capriciano.com, all subdomains, and all related online features (collectively, the “Site”). Please read these Terms carefully. By accessing or using the Site, you acknowledge that you have read these Terms and agree to be bound by them. If you do not agree, you must not access or use the Site.

1. Definitions

  • “Content” means all text, images, photographs, illustrations, audio, video, code, menus, recipes, logos, marks, layouts, designs, and other materials made available through the Site.
  • “Guest” means any person who makes a reservation, dines at the restaurant, attends a private event, or otherwise interacts with our business.
  • “Restaurant” means the physical Capriciano Osteria located at 505 Mendocino Avenue, Santa Rosa, California 95401.
  • “Services” means the Site, the online reservation interfaces, the gift card purchase function (where available), the contact and inquiry features, and any other interactive feature we make available through the Site.
  • “User,” “you,” or “your” means the individual accessing or using the Site.

2. Eligibility and Acceptance

You must be at least eighteen (18) years of age to use the Site without parental supervision. The portions of the Site that describe alcoholic beverages, wine lists, aperitivi, or digestivi are intended for adults of legal drinking age (twenty‑one (21) years or older in the United States). By accessing those portions of the Site you represent that you are of legal drinking age in your jurisdiction.

By using the Site you accept these Terms, our Privacy Policy, our Reservation & Cancellation Policy, our Allergen & Dietary Notice, our Accessibility Statement, and (where you purchase a gift card) our Gift Card Terms, each of which is incorporated by reference.

3. License to Use the Site

Subject to your compliance with these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable, non‑sublicensable license to access and use the Site for your personal, non‑commercial use in connection with planning or making a visit to the Restaurant. All other rights are reserved.

4. Intellectual Property

The Site and all Content (other than User Submissions defined in Section 5) are owned by Capriciano or its licensors and are protected by United States and international copyright, trademark, trade‑dress, and other intellectual‑property laws. The name “Capriciano,” “Capriciano Osteria,” the Capriciano logo, the menu names, and the visual design of the Site are trademarks or trade dress of Capriciano. You may not copy, reproduce, distribute, publicly display, modify, create derivative works of, or otherwise exploit any Content without our prior written permission, except as expressly permitted by these Terms or by the doctrine of fair use under 17 U.S.C. §107.

5. User Submissions

If you submit a review, comment, photograph, suggestion, or other material to the Site (a “User Submission”), you represent and warrant that (a) you own or have all necessary rights to the User Submission, (b) the User Submission does not infringe any third‑party right, including any intellectual‑property, privacy, or publicity right, (c) the User Submission is accurate and not misleading, and (d) the User Submission complies with applicable law and with these Terms.

You grant Capriciano a perpetual, irrevocable, worldwide, royalty‑free, sublicensable, non‑exclusive license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, publicly perform, and publicly display the User Submission in any media now known or later developed, in connection with our business and promotion. You waive any moral rights to the extent permitted by law. We may remove or refuse to display any User Submission at our discretion and without notice.

6. DMCA Notice and Takedown

We respect intellectual‑property rights and respond to clear notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act, 17 U.S.C. §512. To submit a notice of claimed infringement, send a written notification to our designated agent that includes:

  1. A physical or electronic signature of the rights holder or an authorized agent;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and information sufficient to allow us to locate it on the Site;
  4. Your contact information (name, address, telephone number, and email);
  5. A statement that you have a good‑faith belief that the use is not authorized; and
  6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.

Designated Agent:
Baki Bekci, Founder, c/o Capriciano Osteria, 505 Mendocino Avenue, Santa Rosa, CA 95401, hi@capriciano.com (a formal designation will be filed with the U.S. Copyright Office under 17 U.S.C. §512(c)(2) upon publication)
Capriciano Restaurant Group LLC
505 Mendocino Avenue
Santa Rosa, CA 95401
Email: hi@capriciano.com
Telephone: (707) 800‑7904

Counter‑notices may be submitted to the same address and must contain the information required by 17 U.S.C. §512(g)(3). We may, in appropriate circumstances, terminate the access of users we determine to be repeat infringers.

7. Reservations, Bookings, and Events

Reservations made through the Site, through OpenTable, by telephone, or in person are governed by our Reservation & Cancellation Policy, the terms of which are incorporated by reference. We reserve the right to refuse service or to cancel or modify a reservation in our sole discretion for any lawful reason, including (without limitation) operational constraints, disruptive conduct, safety concerns, or suspected fraud. We do not discriminate on the basis of any classification protected by federal or California law.

8. Menu, Pricing, and Availability

Menu items, prices, hours, descriptions, and availability shown on the Site are provided for general information and are subject to change without notice. Photographs of dishes and wines are illustrative and may not depict the exact item served. We are not bound by typographical errors, pricing errors, or out‑of‑date information on the Site; the price in effect at the time of service in the Restaurant or at the point of online sale controls.

9. Photography, Filming, and Right of Publicity

By dining at, attending an event at, or otherwise visiting the Restaurant, you acknowledge that we (and contractors engaged by us) may photograph or film the premises for editorial, marketing, social‑media, and other promotional purposes. To the extent you appear in any such photograph or recording, you grant Capriciano a perpetual, irrevocable, worldwide, royalty‑free, non‑exclusive license to use your likeness in connection with our business, and you waive any claim arising under Cal. Civ. Code §3344 (statutory right of publicity) or any analogous statute or common‑law right.

If you do not wish to be photographed or filmed, please notify your server or our host on arrival and we will make reasonable efforts to seat you and your party outside the frame and to redact identifying images from any materials we publish. We cannot prevent other guests from taking photographs that may incidentally include you.

10. Prohibited Conduct

You agree that you will not, and will not permit any other person to:

  • Use the Site in any manner that violates applicable federal, state, or local law, including export controls and consumer‑protection law;
  • Use any robot, spider, scraper, harvester, or other automated means to access the Site or to collect data from the Site, except for search engines and similar tools acting in accordance with our robots.txt;
  • Bypass or attempt to bypass any security feature of the Site, probe for vulnerabilities, or otherwise attempt unauthorized access;
  • Interfere with the operation of the Site or impose an unreasonable load on our infrastructure;
  • Use the Site to transmit unsolicited bulk communications, malware, or other harmful code;
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
  • Reverse‑engineer, decompile, or attempt to derive the source code of any portion of the Site;
  • Use the Site or any Content for any commercial purpose without our prior written consent, including to operate a competing reservation, listing, or restaurant‑promotion service.

11. Third‑Party Services and Links

The Site integrates with or links to third‑party services, including OpenTable, embedded maps, payment processors, and social‑media platforms. Those services are independent of Capriciano and are governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, content, or practices of any third‑party service, and your dealings with any third‑party service are at your own risk.

12. Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, ACCURACY, AND TITLE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE.

Nothing in this section is intended to limit any warranty or remedy that cannot be limited under California law.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS PROVIDED BELOW, IN NO EVENT SHALL CAPRICIANO, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100), OR (B) THE AMOUNT YOU PAID TO US THROUGH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

California carve‑outs. Consistent with Cal. Civ. Code §1668, nothing in these Terms purports to limit liability for (i) fraud or intentional misrepresentation, (ii) willful injury to the person or property of another, (iii) gross negligence, or (iv) violation of any law. Nothing in these Terms limits any right you may have under the California Consumer Legal Remedies Act, Cal. Civ. Code §1750 et seq.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; in those jurisdictions, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Capriciano and its members, managers, officers, employees, and agents from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees and costs) arising out of or related to (a) your use of the Site, (b) your breach of these Terms, (c) any User Submission you provide, (d) your violation of any law or any third‑party right, or (e) your negligent or wrongful conduct.

15. Force Majeure

Neither party will be liable for any failure or delay in performance to the extent caused by a Force Majeure Event. A “Force Majeure Event” means any event beyond the reasonable control of the affected party, including act of God, fire, flood, earthquake, wildfire and related smoke or air‑quality emergencies, public‑utility outage including loss of electrical or internet service, epidemic, pandemic, government order or health‑department directive, civil unrest, terrorism, war, strike or labor disturbance, embargo, and supply‑chain failure. The affected party shall use commercially reasonable efforts to mitigate the effect of the Force Majeure Event and shall resume performance as soon as reasonably practicable.

16. Termination

We may suspend or terminate your access to the Site at any time, with or without cause and with or without notice. Upon termination, the provisions of these Terms that by their nature should survive (including Sections 4, 5, 9, 12, 13, 14, 15, 17, 18, 19, and 20) will survive.

17. Dispute Resolution; Governing Law; Venue

Informal resolution. Before filing any lawsuit or other formal proceeding, you and Capriciano agree to attempt in good faith to resolve any dispute by sending a written notice to the other party describing the dispute and the relief requested, and engaging in good‑faith negotiation for at least thirty (30) days. Notice to Capriciano must be sent to the address in Section 23.

Governing law. These Terms and any dispute arising out of or relating to them, the Site, or your relationship with Capriciano are governed by the laws of the State of California, without regard to conflict‑of‑law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Venue. Subject to the informal‑resolution requirement above, any action arising out of or related to these Terms or the Site shall be brought exclusively in the state or federal courts located in Sonoma County, California. You and Capriciano consent to the personal jurisdiction of those courts and waive any objection to venue or forum non conveniens. Nothing in this Section limits Capriciano’s right to seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

No class actions. Each party may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

18. Notices

We may give notice under these Terms by posting on the Site, by email to the address you have provided, or by mail to the address you have provided. You shall give notice to us by mail to 505 Mendocino Avenue, Santa Rosa, CA 95401, with a courtesy copy by email to hi@capriciano.com. Notice by mail is deemed received three (3) business days after deposit with the U.S. Postal Service, postage prepaid.

19. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any purported assignment in violation of this Section is void. We may assign these Terms in whole or in part without notice in connection with any merger, acquisition, financing, reorganization, or sale of assets.

20. Miscellaneous

  • Entire agreement. These Terms, together with the policies referenced in Section 2, constitute the entire agreement between you and Capriciano regarding the Site and supersede all prior or contemporaneous communications.
  • Severability. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.
  • No waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
  • Headings. Section headings are for convenience only and have no legal effect.
  • Construction. “Include” and “including” are not exclusive. “Day” means a calendar day unless otherwise specified.
  • Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Capriciano.

21. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted at this URL with an updated “Effective Date,” and your continued use of the Site after the Effective Date constitutes acceptance of the updated Terms. If the changes are material, we will provide at least thirty (30) days’ advance notice by posting a banner on the Site.

22. Apple, Google, and Other App‑Store Disclaimers

The Site is a website and not an app distributed through any application marketplace. If we make a mobile application available in the future, additional terms specific to that marketplace will apply.

23. Contact

Capriciano Restaurant Group LLC d/b/a Capriciano Osteria
505 Mendocino Avenue
Santa Rosa, CA 95401
Email: hi@capriciano.com
Telephone: (707) 800‑7904