WEBSITE TERMS AND CONDITIONS OF USE

 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL USERS OF THIS SITE AGREE THAT ACCESS TO AND USE OF THIS SITE ARE SUBJECT TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS AND USE THIS WEBSITE.

 

THE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS SITE OR THESE TERMS TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THESE TERMS ALSO INCLUDE A JURY WAIVER.

 

Tommy’s Tavern + Tap (the “Company”) provides this website (the “website” or “site”) for its customers and other permitted users. We’ve worked hard to give you the essential information here and elsewhere on our site to get you comfortable with our site and to make it useful to you. These Terms and Conditions of Use (the “Terms and Conditions”) help enable us to provide you with the products and services, information, other content and features available through our site.

 

1. Scope of Access to Website and Related Rights: Subject to these Terms and Conditions, the Company grants you a limited, revocable right to access and use the site solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this website. Further, you may not reproduce all or any portion of the site. This website and its contents are the intellectual property of and are owned by the Company and/or its licensors. The Company reserves the right to suspend or terminate use of this website or its services by you or other users in its sole discretion.

 

2. User Account and Communicating with the Company: Prior to receiving the services that you request from us (for example, placing an order from this site) or in order to access some features on our website, you may be required to establish a user account. Any purchases made through the website using information provided for that account may (in the Company’s sole discretion) be used to credit your account with reward points whether or not you are logged in to the account. You may never use another’s account without permission. When creating an account, you must provide accurate and complete information. If you establish a user account it will be accessible upon input of an authorized e-mail address and a designated password. You are solely responsible for maintaining the security of any user passwords and other account details issued to you for use with the site, and you are also responsible for the integrity and security of the operating environment from which you access the site.

Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use. In certain areas of the website, you may be given the ability to contact the Company by electronic mail, sign up for services such as e-mail notifications and newsletters about our products and services, to register for a loyalty membership program or participate in any interactive forum, like chat rooms or message boards. The information that you provide the Company through this website is governed by the Company’s Privacy Policy.

 

3. Children’s Privacy and Site Age Limitations: This website is intended for use by persons aged 13 or older, and by your use of this site you affirm that you are at least 13 years of age. In addition, if you are under the age of 18, you are only permitted to use this website with the consent of your parents or an adult guardian. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 13. We also do not collect any personally identifiable information from any persons under the age of 13 and if we discover that we have been provided any such information, we will delete this information from our records.

 

4. Pricing or Other Information Errors: Although the Company strives at all times to maintain the accuracy of information maintained on this site, including pricing information and product details, occasionally pricing or other information errors may occur on this site. In the event that any Company product that is available through this site is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to either refuse or cancel the order or to charge you the correct price.

 

5. Order Acceptance and Inability to Fulfill Orders:

 

5.1 Generally. If you select the appropriate option at the time you place your order, the Company will send an order acknowledgment to your designated e-mail address once you have placed an order with us. The Company reserves the right to refuse or cancel any orders for any reason (including for pricing errors as noted above in Section 4), and whether or not the order has been confirmed. Without limitation of the foregoing, the Company is not responsible for any inability to fulfill orders. If your credit card has already been charged for the purchase and your order is cancelled by the Company, we will issue a credit to your credit card account in the amount charged.

 

5.2 Abandoned Orders. If you place an order with us and fail to pick it up, the Company reserves the right to charge you the amount due (including by charging your credit card, if applicable). If you realize you cannot pick up the order, please contact the store that is fulfilling the order as soon as possible to let them know you cannot pick up the order and to see whether a charge may be avoided. Abandoned orders lead to higher food costs, which in turn requires us to raise our prices. This policy is in place to help us manage food costs and keep our prices low.

 

6. Text Messaging: Our site may offer you the opportunity to receive text messages, including to participate in promotional programs that use text messaging. If you choose to participate in such promotions, you should be aware that your carrier may charge you standard text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless device used to receive or send any text messages related to Company programs, products or services.

 

7. Termination of Website Use: The Company may terminate your access to this website at any time. In addition, your access rights to use this website may also be terminated if you fail to comply with these Terms and Conditions. You agree that the Company will not be liable to you or any third party for any termination of your use of this website as a result of your failure to comply with these Terms and Conditions. If your use of our site is terminated for any reason, the provisions relating to Copyrights, Trademark, Warranty Disclaimers, Limitations of Liability, Indemnification and Miscellaneous, shall survive any such termination.

 

8. Website Warranty Disclaimers: THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS SITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE COMPANY NOR ITS LICENSORS OR HOSTING SERVICES PROVIDERS MAKES ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

9. Limitations of Liability: NEITHER THE COMPANY NOR ITS LICENSORS OR HOSTING SERVICES PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY’S PRODUCTS, SERVICES OR THIS SITE, THE PERFORMANCE OR USE OF THIS WEBSITE, OR ANY INFORMATION MADE AVAILABLE THROUGH THIS SITE, EVEN IF THE COMPANY (OR ITS LICENSORS OR HOSTING SERVICES PROVIDERS) HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

10. Online Privacy Policy: We are diligent about protecting your privacy and that of other users of this website and the use of this website is subject to our Privacy Policy, which you may review by clicking here.

 

11. Copyright: The entire contents included in this site, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this site.

 

12. Trademarks: All trademarks, service marks and trade names and logos of the Company used in this site are trademarks or registered trademarks of the Company. Other marks used on this site that have been posted by the Company are the property of their respective owners and are used on this website under permission.

 

13. Applicability of Terms and Changes: These Terms and Conditions are applicable to you upon your accessing the site and/or completing any registration or ordering process and/or use of any of the features contained in the site. These Terms and Conditions, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the bottom of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this website.

 

14. Indemnification: You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms and Conditions, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.

 

15. Third-Party Links: In an attempt to provide increased value to our customers and other site visitors, the Company may provide links to sites operated by third parties. However, even if the third party is affiliated with the Company, the Company has no control over these linked sites, all of which have separate terms and privacy practices, independent of the Company. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Company seeks to protect the integrity of its web site and the links placed upon it and therefore welcomes any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

 

16. Notice and Address: The Company may deliver notices to you concerning your activities on this site by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to the Company. The Company’s e-mail address is as follows: ___________________.

 

17. Dispute Resolution/Arbitration. You agree that the sole and exclusive forum for any and all disputes and claims that arise out of the website or these Terms and Conditions shall be final and binding arbitration, except to the extent that you in any manner infringed upon or violated or threatened to infringe upon or violate the Company’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relied may be sought by the Company and or applicable third party(ies). WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND THE COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING CLAIMS OR DISPUTED BETWEEN US. Any dispute or claim you may have with respect to the site or these Terms and Conditions must be commenced within one (1) year after the dispute or claim arises.

 

18. Miscellaneous: Your use of this site shall be governed in all respects by the laws of the state in which the Company maintains its headquarters office, without regard to such state’s choice of law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. The Company's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. The Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. If any provisions of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

This Agreement constitutes a binding agreement between you and the Company and it is accepted by you upon use of the website and features and services therein. This Agreement constitutes the entire agreement between you and the Company regarding the use of the website and the features and services therein.