welcome!

Drive along the North Shore of Lake Superior between Duluth and Two Harbors and you will come across a café. A cozy building nestled behind a gorgeous garden; filled with herbs, vegetables and fragrant flowers. The café looks humble but what awaits inside is anything but ordinary. Since opening in 1999, Scott Graden’s New Scenic Café has grown exponentially; continually amazing customers with its unique menus, serene atmosphere and impeccable service.


The New Scenic Café was created in the spring of 1999 by Scott Graden, with over 15 years of experience in concept and menu development, and Rita B, a well accomplished artist.


Today, the New Scenic Café is a part of the North Shore experience. With local artisan expressions throughout, a relaxed comfortable atmosphere, beautiful flower and herb gardens in front and a menu that will satisfy any palate or culinary desire, the New Scenic Café should be your North Shore destination.

Open every day of the week at 11 am for lunch & dinner.


We serve our full menu all day, so join us for a late lunch, an early dinner, or whatever suits your schedule!


  • Sunday-Thursday: 11am - 9pm
  • Friday & Saturday: 11am - 10pm

At the New Scenic Café, we are truly are like an extended family who care as much about each other as we do about providing excellent service and exceptional meals.


If you would like to become part of our family, please send your resume via e-mail to Scott Graden, or download the application and mail it to us or drop it off. We continually seek qualified applicants for all positions:


  • Host
  • Server
  • Chef de Partie
  • Porter / Escuelerie
  • Baker
  • Catering Server
  • Catering Cook
  • Management

We take as much pride in our garden as we do in our food. As the seasons of the North shore change, so do the flowers and herbs in our beautiful garden.

We are proud to support local artisans in and outside the New Scenic Café. We always have a variety of artwork displayed on our walls, and we change it often so come visit us regularly to see something new and beautiful!


  • lou pignolet

    Lou Pignolet is a wood turner from Hovland, MN, who specializes in lathe-turned wooden bowls made from local wood. Lou's bowls are displayed at art galleries and festivals on the North Shore, as well as at the New Scenic Café.


    Lou's Website:   loupignoletbowls2.com

  • ann jenkins

    Ann Jenkins was born in Chicago and raised in Duluth, Minnesota. Her work has been exhibited at a number of galleries and museums in Minnesota, Canada, and Sweden. Ann lives and works in Duluth.


    Ann's Website:   annjenkins.com

  • louis jenkins

    Louis Jenkins’ poems have been published in a number of literary works. He has received numerous awards for his writings, and has read his poetry on A Prairie Home Companion. Recently, Louis was gracious enough to contribute a piece for the introduction of the New Scenic Café's first cookbook.


    Louis' Website:   louisjenkins.com

  • wendy rouse

    Artist Statement:      "My work combines the figure with still life, landscape and interiors. The figures do not exist in a void because we are shaped by our environments, physically and psychologically. The images of my family and friends are portraits, but also serve as metaphors for all people in their search for meaning, fulfillment and beauty in the modern world.


    Content and story are important elements of my vision, but just as important is the physical application of the paint. Color, shape, texture and craft are essential elements in the beautiful objects I want my paintings to be."

  • adu gindy

    Artist Statement:      "Spontaneous gesture plays an important role in the initial stages of many of my works. I like the idea of coaxing a figure or its quasi-facsimile from the interplay of marks, lines, shapes and colors––grasping it as it emerges from some general abstraction. Painting in this manner keeps me in touch with my own innocent eye and my inner self."


    Website:   adugindy.com

  • dick cooter

    Artist Statement:      "The pots I make are sturdy, bold, and reflect the processes of making them. Simple decoration enhances the rich surface created by long wood fires. The traces of the artist's hand is both an antidote and protest to increasing uniformity. Impressions made in the soft clay reveal my tie to the work and to the landscape where it is made.


    I fire a 125 cubic foot wood burning kiln, which I consider a partner in the work. Although I choose labor intensive methods, I consider myself a production potter. I make functional pots and consider the user the final contributer in my work."


    Website:   cooterpottery.com

  • debbie cooter

    “I was introduced to rug weaving as a folk art. The tradition of using recycled clothing to weave decorative and functional household items appealed to my creative and thrifty nature. I wove hundreds of yards of rugs for people, developing my own style and color schemes,” states Debbie Cooter, who produces sturdy floor coverings and cozy blankets at her studio near Two Harbors, MN. The artist continues to experiment with patterns and dyes her own fabrics, bringing relevant contemporary design to this traditional craft.

  • adam swanson

    Artist Statement:      "In my work I deconstruct the ideas that are part of our childhood and adult culture. My work also addresses the future, fragility of the human presence, perseverance of nature and underlying threads of danger that underpin societies. I use my work to encourage thought and interest in science."


    Website:   adamswanson.com

  • nic fischer

    ARTIST INFO


    Website:   nicfischer.com

  • david gilsvik

    Artist Statement:      "The world of nature has always been my world of choice. My method is to simply observe nature and pay attention, both to the nature in front of me and the nature inside of me. I guess I have some faith that if an idea or image is interesting to me, it is probably interesting to someone else as well."

  • kate whittaker

    Kate Whittaker is an artist in Duluth, MN. She was educated at Smith College in Massachusetts and has received numerous awards for her work. Her abstract paintings can be seen at mnartists.org


    Website:   katewhittaker.com

Download as PDF:


Terms of Service

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 03/17/2016.

Acceptance of Terms

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with New Scenic Cafe, Inc, also known as New Scenic Cafe, located at 5461 North Shore Dr, Duluth, Minnesota 55804, and our subsidiaries and affiliates, in association with the use of the New Scenic Cafe website, which includes http://www.newsceniccafe.com (the "Site") and its Services, which shall be defined below.

Description of Website Services Offered

The Site is an e-commerce website which has the following description:

The New Scenic Cafe website offers descriptive information about a restaurant, The New Scenic Cafe, in Duluth, MN. It contains information about hours, directions, menus, reservations, events, catering, artists, and staff. It also contains an online store offering a selection of handmade retail food products and other goods.

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a "member."

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of New Scenic Cafe, Inc. At its discretion, New Scenic Cafe, Inc may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. New Scenic Cafe, Inc does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that New Scenic Cafe, Inc shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

Furthermore, the user and/or member understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such New Scenic Cafe, Inc shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Registration

To register and become a "member" of the Site, you must be 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving New Scenic Cafe's Services under the laws and statutes of the United States or other applicable jurisdiction.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

  1. furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
  2. maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, New Scenic Cafe, Inc will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of New Scenic Cafe, Inc Services, or any portion thereof.

It is New Scenic Cafe, Inc's priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. Therefore, it is for this reason that the parents of any child under the age of 13 that permit their child or children access to the New Scenic Cafe website platform Services must create a "family" account, which will certify that the individual creating the "family" account is of 18 years of age and as such, the parent or legal guardian of any child or children registered under the "family" account. As the creator of the "family" account, s/he is thereby granting permission for his/her child or children to access the various Services provided, including, but not limited to, message boards, email, and/or instant messaging. It is the parent's and/or legal guardian's responsibility to determine whether any of the Services and/or content provided are age-appropriate for his/her child.

Privacy Policy

Every member’s registration data and various other personal information are strictly protected by the New Scenic Cafe, Inc Online Privacy Policy (see the full Privacy Policy). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by New Scenic Cafe, Inc and/or our subsidiaries and affiliates.

Member Account, Username, Password and Security

After completion of the registration data and creation of your username, you will receive a random password—which you can later change—and account designation. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify New Scenic Cafe, Inc immediately if you notice any unauthorized access or use of your account or password or any other breach of security. New Scenic Cafe, Inc shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.

Conduct

As a member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of New Scenic Cafe Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by New Scenic Cafe.

Furthermore, you herein agree not to make use of New Scenic Cafe, Inc's Services for the purpose of:

  1. uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner whatsoever;
  3. impersonating any individual or entity, including, but not limited to, any New Scenic Cafe officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
  5. uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions;
  10. interfering with or disrupting any New Scenic Cafe, Inc Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act;
  13. "stalking" or with the intent to otherwise harass another individual; and/or
  14. collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

New Scenic Cafe, Inc herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.

New Scenic Cafe, Inc herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

  1. compliance with any legal process;
  2. enforcement of the TOS;
  3. responding to any claim that therein contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property or the personal safety of New Scenic Cafe, Inc, its visitors, users and members, including the general public.

New Scenic Cafe, Inc herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by New Scenic Cafe, Inc or any other content providers supplying content services to New Scenic Cafe, Inc. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/­complianceandenforcement/­liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content Placed or Made Available for Company Services

New Scenic Cafe, Inc shall not lay claim to ownership of any content submitted by any visitor, member or user, or make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for New Scenic Cafe, Inc the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of New Scenic Cafe, Inc's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of New Scenic Cafe, Inc's sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of New Scenic Cafe, Inc's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of New Scenic Cafe, Inc's sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of New Scenic Cafe, Inc's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of New Scenic Cafe, Inc's sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

Contributions to Company Website

New Scenic Cafe, Inc provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  1. your Contributions do not contain any type of confidential or proprietary information;
  2. New Scenic Cafe shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. New Scenic Cafe shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. the contributor's Contributions shall automatically become the sole property of New Scenic Cafe; and
  5. New Scenic Cafe is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Indemnity

All users and/or members herein agree to insure and hold New Scenic Cafe, Inc, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of  New Scenic Cafe Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Commercial Reuse of Services

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to New Scenic Cafe's sites.

Use and Storage General Practices

You herein acknowledge that New Scenic Cafe, Inc may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by New Scenic Cafe, Inc, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on New Scenic Cafe, Inc's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time.  In addition, you also agree that New Scenic Cafe, Inc has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also herein acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, New Scenic Cafe, Inc shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Modifications

New Scenic Cafe, Inc shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Termination

As a member of http://www.newsceniccafe.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to store@newsceniccafe.com.

As a member, you agree that New Scenic Cafe, Inc may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. unexpected technical or security issues and/or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the nonpayment of any associated fees that may be owed by you in connection with your http://www.newsceniccafe.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with http://www.newsceniccafe.com shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within http://www.newsceniccafe.com;
  2. the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. the barring of any further use of all or part of our Services.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that New Scenic Cafe, Inc shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Links

Either New Scenic Cafe, Inc or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that New Scenic Cafe, Inc shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Proprietary Rights

You do hereby acknowledge and agree that New Scenic Cafe, Inc's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by New Scenic Cafe, Inc or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on New Scenic Cafe, Inc Services (e.g. Content or Software), in whole or part.

New Scenic Cafe, Inc herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by New Scenic Cafe, Inc for use in accessing our Services.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF NEW SCENIC CAFE, INC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. NEW SCENIC CAFE, INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. NEW SCENIC CAFE, INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) NEW SCENIC CAFE, INC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) NEW SCENIC CAFE, INC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE NEW SCENIC CAFE, INC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF NEW SCENIC CAFE, INC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM NEW SCENIC CAFE, INC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT NEW SCENIC CAFE, INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Special Admonition Related to Financial Matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. New Scenic Cafe, Inc's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. New Scenic Cafe, Inc and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

Exclusion and Limitations

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Third Party Beneficiaries

You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be third-party beneficiaries to this agreement.

Notice

New Scenic Cafe, Inc may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Trademark Information

You herein acknowledge, understand and agree that all of the New Scenic Cafe, Inc trademarks, copyright, trade name, service marks, and other New Scenic Cafe, Inc logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of New Scenic Cafe, Inc. You herein agree not to display and/or use in any manner the New Scenic Cafe, Inc logo or marks.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

New Scenic Cafe, Inc will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, New Scenic Cafe, Inc may disable and/or terminate the accounts of any user who repeatedly violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. The physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The New Scenic Cafe, Inc Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:
New Scenic Cafe, Inc
Attn: Copyright Agent
5461 North Shore Dr
Duluth, Minnesota 55804

Telephone: 218-525-6274

Email: store@newsceniccafe.com

Closed Captioning

BE IT KNOWN, that New Scenic Cafe, Inc complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content. For more information, please visit our website at http://www.newsceniccafe.com.

General Information

Entire Agreement

This TOS constitutes the entire agreement between you and New Scenic Cafe, Inc and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to New Scenic Cafe, Inc Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other New Scenic Cafe, Inc Services, affiliate Services, third-party content or third-party software.

Choice of Law and Forum

It is at the mutual agreement of both you and New Scenic Cafe, Inc with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Minnesota without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and New Scenic Cafe, Inc, shall be filed within the courts having jurisdiction within the County of St. Louis, Minnesota or the U.S. District Court located in said state. You and New Scenic Cafe, Inc agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms

At any time, should New Scenic Cafe, Inc fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship Non-Transferability

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 4 year(s) after said claim or cause of action arose or shall be forever barred.

Violations

Please report any and all violations of this TOS to New Scenic Cafe, Inc as follows:

Mailing Address:
New Scenic Cafe, Inc
Attn: Copyright Agent
5461 North Shore Dr
Duluth, Minnesota 55804

Telephone: 218-525-6274

Email: store@newsceniccafe.com

Privacy Policy

What Do We Do with Your Information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Consent

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at store@newsceniccafe.com or mailing us at: New Scenic Cafe, Inc 5461 North Shore Dr, Duluth, MN, 55804, United States

Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Snipcart

Our store’s ‘shopping cart’ is hosted by Snipcart inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Snipcart’s data storage, databases and the general Snipcart application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Snipcart stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Snipcart’s Terms of Service at https://snipcart.com/terms-of-service

Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.

For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links:

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Cookies:

Cookies are small files that reside on your computer and allow us to recognize you on your next visit or store your shopping cart contents. We use them only to track this information.

Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.

If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

Questions and Contact Information

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at store@newsceniccafe.com or by mail at New Scenic Cafe, Inc

[Re: Privacy Compliance Officer]

[5461 North Shore Dr, Duluth, MN, 55804, United States]

Return & Refund Policy

Returns

Our policy lasts 7 days for food, and 30 days for non-food products. If the relevant number of days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned. Perishable goods such as refrigerated foods, flowers, newspapers or magazines cannot be returned. Gift cards also cannot be returned.

To complete your return, we require a receipt or proof of purchase.

There are certain situations where only partial refunds are granted: (if applicable)

  1. Book with obvious signs of use
  2. Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
  3. Any item that is returned more than 30 days after delivery

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or Missing Refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at store@newsceniccafe.com

Sale Items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable)

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at store@newsceniccafe.com and send your item to: 5461 North Shore Dr, Duluth, MN, 55804, United States.

Gifts

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you.

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return.

Shipping

To return your product, you should mail your product to: 5461 North Shore Dr, Duluth, MN, 55804, United States.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Shipping Policy

Turnaround

Every effort is made to ship items within 3 business days, Monday - Friday 8am - 5pm. Average turnaround time is generally shorter: 1-2 business days.

Carriers

We use the following carriers to deliver our orders:

  1. USPS (United States Postal Service)

Order Tracking

If a tracking number is provided by the shipping carrier, we will update your order with the tracking information. Please note that some orders using 1st Class USPS mail will not have tracking numbers.

Shipping Rates

The rate charged for the shipping of your order is based on the weight of your products, and your location. Before the final checkout page you will be shown what the cost of shipping will be, and you will have a chance to not place your order if you decide not to.

Back Orders

To the best of our ability, we will notify you of any items on back order as quickly as possible. If an item goes on back order we will ship you the part of your order that is in stock. When the item becomes available we will ship you the rest of your order. You will not be charged any additional shipping and handling for the second shipment.

Sales and Use Tax Policy Statement

We have prepared this sales tax policy statement to explain to you when and why we collect sales tax on your purchases.

Important Notice:

Even if we do not collect sales tax from you, you may owe sales tax on your purchase. Unless you live in Alaska, Delaware, Montana, New Hampshire, or Oregon, your state most likely requires purchasers to report and pay tax on all purchases that are not taxed at the time of sale. The tax may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state's department of revenue website.

New Scenic Cafe, Inc. collects sales tax

in states where we have physical presence (or nexus), including Minnesota. New Scenic Cafe, Inc. also collects sales tax in states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA), including Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, and Wyoming.

New Scenic Cafe, Inc. does not collect sales tax

in any state NOT listed above because New Scenic Cafe, Inc. is not required to collect sales or use tax in these states.

For Our Tax-Exempt Customers

NEW SCENIC CAFE, INC. DOES NOT COLLECT SALES TAX if we have your exemption certificate on file.

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