Terms and Conditions
The Services are offered and available only to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. By using any Service, you represent and warrant that you are 13 years of age or older, reside in one of those locations, and are fully competent to agree to and comply with these Terms.
MOBILE DEVICE APPLICATION END-USER LICENSE
In the event that the Service is provided to you in the form of an application (“App”) provided or installed on a portable device, such as but not limited to an Apple® or Android® device, the terms of this agreement are between the Company and you only, and not with any third-party device manufacturer or supplier.
If you install or use our Services, including any accompanying documentation on a mobile device (” Mobile App”), we grant you a limited, non-transferable right to install and use the Mobile App on a single authorized device located in the United States and its territories or in another country where we may offer the Mobile App. You may use the Mobile App for your personal, non-commercial and entertainment purposes only.
You agree to also comply with any App Store Terms of Service. We are not responsible for any interaction between you and another Mobile user, or information you transmit through the Mobile (including your location).
In the event of any failure of the Mobile App to conform to any applicable warranty, you agree that you may notify the supplier of the Mobile App and acknowledge that the supplier may have no warranty obligation whatsoever with respect to the Mobile App.
By using the Mobile App, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Mobile App, you acknowledge and agree that a supplier of such Mobile App, and any of such supplier’ subsidiaries, are third party beneficiaries of the this agreement, and that, upon your acceptance of the terms and conditions of the this Agreement, the suppler will have the right (and will be deemed to have accepted the right) to enforce the terms of this agreement against you as a third party beneficiary thereof.
The Mobile App are not intended for children under the age of 13 and no person under the age of 13 may use the Mobile App.
LICENSE TO USE; RESTRICTIONS
The Company hereby grants you a non-exclusive, non-transferable, revocable license to view and use the website in accordance with this Agreement and any guidelines or policies posted on the website. All rights not expressly granted in this Agreement are reserved by the Company or by the respective owners of the intellectual property rights. The Company reserves the right to impose additional terms and conditions upon your use and viewing of this website, and any such terms and conditions may be posted on the website. The information on this website is proprietary or is licensed to the Company by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, You agree that you will not interfere or attempt to interfere with the proper working of the website or any activities conducted on the website, submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
You may not use our trademarks, logos and service marks in any way without our prior written permission.
Your authorization to access the website and any Services are revoked immediately upon your doing any of the following:
- Use any Service for any purpose that is unlawful in any applicable jurisdiction or prohibited by these Terms.
- Use any Service other than for personal, non-commercial use.
- Reproduce, duplicate, copy, sell, trade, resell, distribute, exploit, modify, adapt, translate or create derivative works based upon any portion of the Services.
- Interfere with, damage, impair, or disable the operation of the Services by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
- Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means.
- Attempt to interfere with the proper working of the Services or any activities conducted on the Services.
- Attempt to obtain any materials or information through any means not intentionally made available through the Services.
Like most perishable food suppliers, we prepare and serve products that may contain egg, milk, soy, wheat or other allergens. While a particular food may not contain one of these allergens, our products may be prepared on the same equipment and in the same area as those that do. We cannot guarantee that cross contact with allergens will not occur and neither Company, our employees, agents, affiliates or licensee assume any responsibility for a person’s sensitivity or allergy to any item provided. Variations may occur due to differences in suppliers, ingredient substitutions, recipe revisions, and/or product production at the local facility or store. Some menu items may not be available at all local facilities or stores. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. You are not permitted to resell or otherwise use the products for commercial purposes.
CHANGES TO THE SERVICES
We may, but are not obligated to, update the content of the Services from time to time. Any content may be out of date at any given time and the Company does not warrant or guarantee accuracy of information or content.
We may, in our sole discretion and for any or no reason, terminate your access to the Services at any time, with or without notice, without liability to you or any third party.
DISCLAIMERS; NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
THE USE OF THE SERVICES, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT
(A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED;
(B) THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR
(C) THAT ANY APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SERVICES AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You hereby release each us and our affiliates, licensees, licensors, vendors, suppliers, partners, designees, and assigns and each of their respective employees, officers, directors, and suppliers (collectively, the “Releasees”) from all claims, causes of action, liabilities, losses, costs, and expenses (including without limitation attorneys’ fees) relating to your use of the Services, whether known or unknown and whether past, present, or future.
If anyone brings a claim against us related to your use of the Services, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Any claim relating to the use of the Services shall be filed in a federal or state court located within Allegheny County, Pennsylvania, and we both consent to the jurisdiction of those courts for such purposes.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
Alternatively, at Company’s sole discretion, any claim relating to the use of the Services shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GOVERNING LAW; FORUM
The laws of Pennsylvania govern all matters arising under and relating to these Terms. You shall (a) submit to the exclusive jurisdiction of the state and federal courts located within Allegheny County, Pennsylvania for litigating all such matters and (b) waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
If any provision of these Terms is determined to be unlawful or unenforceable, then that provision is severed from these Terms and the remaining provisions remain in full force.
ASSIGNMENT AND DELEGATION
You may not assign any right or delegate any obligation under these Terms. Any purported assignment or delegation in violation of these Terms is void. We may freely assign and right or delegation any obligation under these Terms without notice to you.
THE PARTIES’ RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between the Company and you as a result of these Terms or use of the Services.
These Terms constitute the final and exclusive agreement between the Company and you relating to the subject matter of these Terms and supersede all previous communications, understandings, and agreements, whether oral or written, between the parties with respect to that subject matter.