Restaurant Network LLC. Terms and Conditions of Use
Last Updated: April, 14th 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY RESTAURANTNETWORK.COM (AS DEFINED BELOW).
BY ACCEPTING THESE TERMS AND CONDITIONS OF USE, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OF USE THROUGH BINDING ARBITRATION OR SMALL CLAIMS DISPUTE PROCEDURES AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.
Table of Contents
These Terms and Conditions of Use (“Terms and Conditions of Use”) apply to your access to, and use of, any RestaurantNetwork.com, Inc. (“RestaurantNetwork.com”) website, mobile application, and online service or program where these Terms and Conditions of Use are posted, linked or incorporated by reference (“RestaurantNetwork.com”). These Terms and Conditions of Use are a legal and binding agreement between you and RestaurantNetwork.com, and, as applicable, its subsidiaries, affiliates, and related entities. (“Affiliates”) (RestaurantNetwork.com and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms and Conditions of Use govern your use of the RestaurantNetwork.com, which includes the programs, offers, content, information, services, and features made available through the RestaurantNetwork.com. If you do not agree to these Terms and Conditions of Use, then you should not use the RestaurantNetwork.com.
Your use of the RestaurantNetwork.com is at your risk. If you are dissatisfied with the RestaurantNetwork.com in any way, your sole and exclusive remedy is to discontinue accessing and using the RestaurantNetwork.com.
II. Modifications to the Terms and Conditions of Use
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the RestaurantNetwork.com, along with the date on which it was most recently updated as indicated by the “Last Updated” notice above. Your continued access to or use of the RestaurantNetwork.com and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
The RestaurantNetwork.com and all content, information, and other materials featured, displayed, contained, and available on the RestaurantNetwork.com, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to RestaurantNetwork.com and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the RestaurantNetwork.com for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the RestaurantNetwork.com or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the RestaurantNetwork.com, the Materials, and/or the programs, features, and services.
The display of a menu item on the RestaurantNetwork.com does not mean that the menu item is available as all items are subject to availability and available while supplies last. We make a reasonable and good-faith effort to display and describe the menu items available through the RestaurantNetwork.com accurately and completely. However, the detail and accuracy of the images and specifications of menu items that you see will depend on a number of things. Consequently, we do not guarantee that the products, images, services or descriptions displayed or described to you are or will remain accurate or complete in every detail. Further, we may update the products, images, available features, services or specifications from time to time.
RestaurantNetwork.com may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any of the RestaurantNetwork.com, or any portion thereof; (2) change, revise, or modify the RestaurantNetwork.com, the Materials, or any portion thereof; (3) interrupt the operation of the RestaurantNetwork.com, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the RestaurantNetwork.com, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
IV. User Conduct
You agree to use the RestaurantNetwork.com, the Materials, and the programs, features and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful toward employees, contractors and agents of RestaurantNetwork.com, its Affiliates, franchised Operators (as defined below), and partners and other users of the RestaurantNetwork.com. You agree not to:
- modify, adapt, translate, or reverse engineer any portion of the RestaurantNetwork.com or the Materials;
- use the RestaurantNetwork.com or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to further or solicit any such activity;
- attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
- use the RestaurantNetwork.com or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
- frame or mirror any portion or feature of the RestaurantNetwork.com;
- use the RestaurantNetwork.com or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
- use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the RestaurantNetwork.com or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the RestaurantNetwork.com or the Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the RestaurantNetwork.com;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the RestaurantNetwork.com or with any other person’s use or enjoyment of the RestaurantNetwork.com;
- transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
- circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of RestaurantNetwork.com;
- forge headers or otherwise manipulate identifiers;
- post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
- harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of RestaurantNetwork.com, its Affiliates, licensees, franchised Operators (as defined below), or partners engaged in the provision of services, including the delivery of any orders, and other users of the RestaurantNetwork.com;
- submit, display, or post any false or misleading information;
- violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of RestaurantNetwork.com, its Affiliates, or any other person or entity; and/or
- transfer or attempt to redeem any verification code for a mobile or online order or digital offer or reward in prohibition of the applicable terms. Attempts to redeem single use offers and verification codes multiple times or through multiple users constitutes fraud.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the RestaurantNetwork.com, the Materials, our franchisees, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and Conditions of Use, the RestaurantNetwork.com One® Terms and Conditions, and/or applicable law. RestaurantNetwork.com further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, including those placed through the RestaurantNetwork.com® App or a RestaurantNetwork.com One account, if RestaurantNetwork.com believes that you have violated or acted inconsistently with these Terms and Conditions of Use, the RestaurantNetwork.com One Terms and Conditions, or applicable law, or that you have acted in a manner harmful to our interests or our franchisees, or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.
RestaurantNetwork.com shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use or the RestaurantNetwork.com One Terms and Conditions, and any decision it makes relating to termination or disabling of RestaurantNetwork.com, RestaurantNetwork.com One accounts or refusal to deliver any orders, including those placed through the RestaurantNetwork.com App or a RestaurantNetwork.com One account, shall be final and binding.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the RestaurantNetwork.com and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
VI. Programs and Promotions; Digital Offers
You may receive digital offers through the RestaurantNetwork.com from time to time. The following general terms apply to these offers:
- Redemption period for each offer begins and ends as indicated.
- Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.
- Offers may only be redeemed at participating RestaurantNetwork.com restaurant(s). Offers may not be accepted at some RestaurantNetwork.com restaurants, including RestaurantNetwork.com Express™ and RestaurantNetwork.com licensed locations such as airports, college campuses, office complexes and hospitals.
- Serving times apply and some food and/or beverage items may not be available at all times or locations. For example, offers for breakfast items may only be redeemed prior to 10 AM or 10:30 AM local time, depending on how late the applicable participating restaurant serves breakfast.
- Offers are not transferable.
- Offers are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
- Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.
- To transfer a digital offer to a RestaurantNetwork.com One account, you must open the RestaurantNetwork.com App and scan the offer QR code. Once transferred, you must redeem by scanning the offer in the RestaurantNetwork.com App or otherwise applying the offer to a qualifying order.
VII. RestaurantNetwork.com® App
In order to use RestaurantNetwork.com made available through the RestaurantNetwork.com App (“the App”) you must have a compatible mobile device; RestaurantNetwork.com does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
In order to take advantage of certain services made available through the App, including mobile payment, mobile ordering, and Promotions (including but not limited to digital offers), you must have a valid RestaurantNetwork.com One account. The RestaurantNetwork.com One Membership Program is operated by RestaurantNetwork.com and subject to the RestaurantNetwork.com One Terms and Conditions available at www.RestaurantNetwork.com.com/legal (incorporated here by this reference).
The App allows you to load funds onto a RestaurantNetwork.com One Digital Gift Card for use at participating RestaurantNetwork.com locations. To load funds to your RestaurantNetwork.com One Digital Gift Card, sign into your RestaurantNetwork.com One account on the App, then open your card and enter a dollar amount and payment method (credit card, Apply Pay, etc.). The dollar value that you load onto your RestaurantNetwork.com One Digital Gift Card in the App is a prepayment redeemable solely for the goods and services of participating restaurants. We offer the RestaurantNetwork.com One Digital Gift Card to make it more convenient for you to eat with us. We have no liability for any temporary inability to access funds loaded to a RestaurantNetwork.com One Digital Gift Card for any reason, including but not limited to connectivity failures, problems with your mobile phone or other device, temporary issues with our service providers, or any other reason. Unless otherwise required by law or permitted by these Terms and Conditions of Use, the dollar value on your RestaurantNetwork.com One Digital Gift Card is nonrefundable. It may not be redeemed for cash nor via a credit back to a credit card, including the credit card from which such funds were originally loaded, including upon termination of your RestaurantNetwork.com One account. However, upon request, unused balances on a RestaurantNetwork.com One Digital Gift Card accessible via the App may be transferred to a physical RestaurantNetwork.com gift card that you may use to make future purchases of RestaurantNetwork.com goods and services or provide to a donee of your choice.
VIII. Online Ordering
RestaurantNetwork.com may provide you the ability to order online from participating franchised Operators of RestaurantNetwork.com® restaurant businesses (“Operators”). These Terms and Conditions of Use apply only to orders placed through RestaurantNetwork.com (including catering orders). Ordering may not be available through the RestaurantNetwork.com for all restaurant locations, and some restaurants do not sell all menu items. Images of menu items on the RestaurantNetwork.com may not be identical to what is available or that you may receive from an individual RestaurantNetwork.com restaurant. Please refer to the FAQs on the RestaurantNetwork.com website and information in the App for more details. Gift cards are not available for purchase through RestaurantNetwork.com.
You are responsible for payment of your order by means of a payment option made available through the RestaurantNetwork.com at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. RestaurantNetwork.com will charge, and you authorize RestaurantNetwork.com to charge, the payment method you specify at the time you check-in at the RestaurantNetwork.com restaurant (which in some circumstances, may occur automatically when you arrive at the restaurant). RestaurantNetwork.com reserves the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is valid. The Operator of the RestaurantNetwork.com restaurant business identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. RestaurantNetwork.com does not prepare the items you are purchasing from the RestaurantNetwork.com Operator and the Operator remains responsible for all items that you purchase.
You understand that: (1) the prices for menu items displayed through the RestaurantNetwork.com may differ from the prices offered or published by Operators for the same menu items at a physical RestaurantNetwork.com restaurant location, and (2) RestaurantNetwork.com reserves the right to change the prices displayed through the RestaurantNetwork.com and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. RestaurantNetwork.com has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through RestaurantNetwork.com. Any applicable taxes and fees, delivery and service fees, or other related surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the RestaurantNetwork.com. Discounts, coupons, and other offers may not be able to be combined with orders placed through RestaurantNetwork.com. You may be able to, and in some circumstances, you may be required to, use your RestaurantNetwork.com One account in connection with certain ordering through RestaurantNetwork.com, in which case the RestaurantNetwork.com One Terms and Conditions will also apply.
IX. Delivery Services
RestaurantNetwork.com™ Delivery. RestaurantNetwork.com Delivery is available for qualifying orders placed at participating RestaurantNetwork.com restaurant locations. Menu items available for delivery may vary by restaurant. Orders must be placed within delivery times and for delivery within the specified radius of the participating RestaurantNetwork.com restaurant. Not all RestaurantNetwork.com restaurant locations offer RestaurantNetwork.com Delivery services and, if delivery is available, it may be available in a limited geographic area. Delivery hours may be limited and may vary. Delivery orders require a minimum order of a certain amount (before applicable taxes and fees (including delivery and service fees)), which may vary by restaurant location. The delivery fee does not include a voluntary tip or gratuity provided to the driver. RestaurantNetwork.com Delivery orders must be placed using applicable RestaurantNetwork.com.
You will be able to see pricing and applicable delivery/service fees before placing your delivery order. Menu prices for delivery are higher than at restaurant locations, and additional delivery and other service fees apply. RestaurantNetwork.com and RestaurantNetwork.com restaurant Operators may change applicable fees from time to time as necessary and appropriate for the services. Delivery services are not available on Sunday, when RestaurantNetwork.com restaurant locations are closed. Enter your address on the RestaurantNetwork.com website or access the App to see nearby RestaurantNetwork.com restaurant locations and delivery options.
Delivery times provided for delivery orders are estimates provided for convenience only and are subject to change based on a number of factors. RestaurantNetwork.com and RestaurantNetwork.com restaurant Operators are not responsible for inaccurate delivery time estimates or late deliveries. RestaurantNetwork.com restaurants that offer delivery may also offer an order or location tracking system via the App on your mobile phone. Data usage or other like fees owed to your mobile carrier may apply.
No Fee Delivery Offers. From time to time, RestaurantNetwork.com and RestaurantNetwork.com restaurant Operators may provide limited time promotional offers where a customer can have a qualifying order delivered via RestaurantNetwork.com Delivery without paying the applicable delivery fee. A minimum purchase before applicable taxes and fees is required, and qualifying orders must be placed from a participating restaurant location within the delivery radius of the restaurant and during available delivery hours. Promotional offer will be applied to eligible orders at the time of a completed purchase. Waiver of delivery fee does not preclude voluntary tips and gratuities. Additional terms and restrictions may apply and will be included with or linked from the offer.
Third-Party Delivery Services. Delivery may also be available through select third-party delivery services identified on the RestaurantNetwork.com website or in the App for qualifying orders placed at participating RestaurantNetwork.com restaurant locations. When ordering through a third-party delivery service, you understand and agree that you are placing the order with that third-party service provider and not RestaurantNetwork.com or a RestaurantNetwork.com restaurant Operator. The delivery services are provided by the third party, and RestaurantNetwork.com and the participating RestaurantNetwork.com restaurant Operators have no responsibility or liability for the acts or omissions of the third-party delivery service provider. All orders placed through a third-party delivery service are subject to any terms and conditions provided by that service provider at the time of the order.
TITLE AND SALES TAXES FOR DOORDASH DELIVERIES. FOR DOORDASH DELIVERIES, TITLE TO FOOD PASSES FROM THE RESTAURANT TO YOU AT THE RESTAURANT’S LOCATION AND POSSESSION OF THE FOOD PASSES FROM THE STORE TO YOU AT THE RESTAURANT’S LOCATION WHEN DOORDASH PICKS UP THE FOOD ON YOUR BEHALF AS AN AGENT FOR YOU. DOORDASH IS ONLY PERMITTED TO, AND HAS AGREED TO, DELIVER PRODUCTS WITHIN THE TAXING JURISDICTION OF THE RESTAURANT. IN JURISDICTIONS WITH MARKETPLACE FACILITATOR LAWS, DOORDASH IS SOLELY RESPONSIBLE FOR CALCULATING AND REMITTING THE CORRECT TAX.
X. Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the RestaurantNetwork.com infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the RestaurantNetwork.com, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable CFA Online Service and a description of where the Material that you claim is infringing is located within such CFA Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
Restaurant Network LLC.
ATTN: Legal – DMCA Manager
4095 State Road 7
Wellington, Florida 33449
DMCA details are available at https://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
XI. Login and Registration
Certain programs, offers, features, or services offered on or through the RestaurantNetwork.com may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify RestaurantNetwork.com immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by RestaurantNetwork.com or any other CFA Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. RestaurantNetwork.com shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Social Sign-On. The RestaurantNetwork.com may support sign-on from third-party platforms to make it easier for you to sign in or create an account. When you sign-in, you will be asked to establish an account by providing your name, email address and a password. If you elect to sign-on through a third-party platform, you may use those credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. You may disconnect the account from the third-party platform at any time by updating the settings in that account or by removing the authorization through the settings of that account. If the third-party service becomes temporarily or permanently unavailable for any reason, if you elect to delete your account with that third-party platform used to access the RestaurantNetwork.com, or if you unlink your account on the third-party platform and RestaurantNetwork.com account, you may not be able to log into your account though that third-party platform.
XII. Third-Party Sites and Social Media Pages
The RestaurantNetwork.com may contain links to other third-party websites, including the websites of RestaurantNetwork.com restaurant Operators, and social media platforms, such as Facebook, Twitter, Instagram, or Foursquare (all links to third-party websites and social medial platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. RestaurantNetwork.com and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from Linked Sites (including, without limitation, from Operators’ Linked Sites), your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
XIV. Ownership of Intellectual Property
RestaurantNetwork.com®, RestaurantNetwork.com Stylized®, RestaurantNetwork.com One®, the C Logo®, and other trademarks, service marks, and trade dress appearing on the RestaurantNetwork.com are the trademarks or service marks of Restaurant Network LLC. or its third-party licensors in the United States and other countries. RestaurantNetwork.com is a licensee of Restaurant network LLC. The absence of a trademark notice or legend indicating the registration or ownership by Restaurant Network LLC. or such third-party licensor anywhere in the text of the RestaurantNetwork.com does not constitute a waiver of that entity’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the RestaurantNetwork.com.
The RestaurantNetwork.com, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the RestaurantNetwork.com (collectively, the “RestaurantNetwork.com Intellectual Property”) are owned by or licensed to Restaurant Network LLC., RestaurantNetwork.com, or others with all rights reserved unless otherwise noted. We do not permit third parties to use RestaurantNetwork.com Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the RestaurantNetwork.com should be construed as granting, by implication, estoppel, or otherwise, any license or right to use RestaurantNetwork.com Intellectual Property without our prior express written permission. You are strictly prohibited from using any RestaurantNetwork.com Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that Restaurant Network LLC. and/or its licensee(s) will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
XV. Electronic Communications
When you visit the RestaurantNetwork.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the RestaurantNetwork.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use. You understand and agree that RestaurantNetwork.com, its Affiliates or Providers, and anyone contacting you on their behalf, may send communications to you in any manner, including using a pre-recorded or artificial voice or an automatic telephone dialing system, including but not limited to communications concerning orders placed through your account on the RestaurantNetwork.com.
XVI. No Warranties
RestaurantNetwork.com makes no representations or warranties regarding the RestaurantNetwork.com and the Materials.
WE DO NOT WARRANT THAT THE RESTAURANTNETWORK.COM OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE RESTAURANTNETWORK.COM OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE RESTAURANTNETWORK.COM, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE RESTAURANTNETWORK.COM AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE RESTAURANTNETWORK.COM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE RESTAURANTNETWORK.COM AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE RESTAURANTNETWORK.COM.
XVII. Limitations of Liability
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE RESTAURANTNETWORK.COM AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE RESTAURANTNETWORK.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless RestaurantNetwork.com, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the RestaurantNetwork.com, and the Materials, programs, offers, features, and services made available through the RestaurantNetwork.com.
XIX. International Users and Choice of Law
The RestaurantNetwork.com are controlled, operated, and administered by us and our service providers from offices within the United States of America. We make no representation that Materials on the RestaurantNetwork.com are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the RestaurantNetwork.com or export the Materials in violation of U.S. export laws and regulations. You represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties. If you access the RestaurantNetwork.com from locations outside of the United States of America, you are responsible for compliance with all local laws. These Terms and Conditions of Use shall be governed by the laws of the State of Georgia, U.S.A., without regard to conflict of laws provisions or principles.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH RESTAURANTNETWORK.COM AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
ARBITRATION. YOU AND WE EACH AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR THE BREACH THEREOF, INCLUDING ANY QUESTIONS OF ARBITRABILITY (“DISPUTE”), SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES BY A SOLE ARBITRATOR. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For any Dispute, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Restaurant Network.com, LLC., ATTN: Legal Department, 4095 State Road 7., Wellington, FL 33449. You and we each agree to negotiate your claim in good faith for a sixty-day period. You further agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to the following address: Restaurant Network LLC., ATTN: Legal Department, 4095 State Road 7., Wellington, FL 33449 and to the AAA. The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflict with our agreement in these Terms and Conditions of Use, in which case these Terms and Conditions of Use will govern. The AAA rules are available at www.adr.org. If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS (“CLASS ACTION WAIVER”). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). Each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
If a court or arbitrator determines in an action between you and us that any part of this Dispute Resolution provision cannot be enforced, the rest of this Dispute Resolution provision will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Dispute Resolution provision (other than this sentence) will not apply to that claim (but will still apply to any and all other claims that you or we may assert in that or any other action).
XXI. No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the RestaurantNetwork.com, create any partnership, joint venture, employment, or other agency relationship between RestaurantNetwork.com, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
XXII. Violations and Remedies
You agree that RestaurantNetwork.com may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of the RestaurantNetwork.com if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to RestaurantNetwork.com. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If RestaurantNetwork.com takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to RestaurantNetwork.com. You agree that RestaurantNetwork.com will not be liable to you or to any third party for termination of your access to the RestaurantNetwork.com as a result of any violation of these Terms and Conditions of Use.
XXIII. Entire Agreement, Claims Limitations, and Severability
XXIV. Contact Information
If you have any questions about RestaurantNetwork.com or these Terms and Conditions of Use, or you would like to report violations of these Terms and Conditions of Use, please contact us at:
Restaurant Network LLC.
4095 State Road 7
Wellington, FL 33449
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