Terms & Conditions
TERMS AND CONDITIONS
EFFECTIVE DATE: July 20, 2012
Welcome to the web sites of Temper Grille, LLC, its subsidiaries, parent, and affiliated companies (collectively, “Temper Grille”) (this “Site”). Set out below are certain terms and conditions for use of this Site (“Terms and Conditions”). You agree to be bound by these terms if you use this Site. If you do not agree with these Terms and Conditions do not use this Site. Be sure to check this page periodically for updates, as your continued use of this Site signifies your acceptance of any changed items.
Temper Grille uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of any programs that may be available through or described on this Site, and each is hereinafter singly and collectively referred to as a “supplier”.
The logos, trademarks, designs or information contained in this Site is the property of Temper Grille or Temper Grille is a licensed user of such information and your reproduction, duplication, or otherwise exploitive use for any commercial purpose without the express without consent of Temper Grille is prohibited.
Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Temper Grille, it supplier(s), or any third party. This Site, unless specifically otherwise identified, does not create a business or professional services relationship between you and Temper Grille, its supplier(s) or any of its franchisees.
You may not use this Site for any purpose that is unlawful or prohibited by this Statement, or cause damage on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through this Site, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Temper Grille, its parent, affiliates, franchisees, agents, licensors, and supplier(s) and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the foregoing statements.
THIS SITE, AND ALL ITS CONTENTS, AND EACH SUPPLIER WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE, ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TEMPER GRILLE AND ITS FRANCHISEES AND SUPPLIERS, ANY SUPPLIER WEBSITE ACCESSIBLE FROM OR THROUGH THIS SITE AND/OR THEIR CONTENTS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND INSUREDS (COLLECTIVELY, “TEMPER GRILLE PARTIES”) MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
TEMPER GRILLE PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FEATURES OF OR INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. TEMPER GRILLE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Temper Grille or any franchisee, supplier, any supplier website accessible from or through this Site, and/or their contents, or any of their officers, directors, employees or insured to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is less. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
Links to Other Sites
This Site may provide links to co-branded, third party supplier sites in addition to other web sites not operated by Temper Grille. Such links do not imply, nor should you infer, association, sponsorship, affiliation or endorsement of material on any other site, and Temper Grille assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. Any creation by you of hyperlinks to this site is not allowed without the express without consent of Temper Grille.
Governing Law and Jurisdiction
To request consent or any other notice related to this Site, please send as follows:
Temper Grille, LLC
Attn: Legal Department
1213 E. University Dr
Granger, In 46530
Any content made available by a franchisee through any co-branded or third party provider website is the responsibility of the franchisee.
Nutritional and Other Information
Nutritional and other information provided on this Site applies only to menu items made available by Temper Grille.
TG Crew Terms and Conditions
Temper Grille may discontinue, or change from time to time or at any time, any program including without limitation “TG’s Crew”, “Text Club”, or “Email Club” without prior notice (“Program”). This set of terms is in addition to or supplement the aforementioned Terms and Conditions and for use of the Programs as defined. Throughout these Program terms, we make reference to Temper Grille, which is also defined in the Terms and Conditions. Be sure to check these Program terms periodically for updates, as your continued participation in the Program signifies your acceptance of any changed items.
Eligibility and Registration
You must be at least 21 years of age at the time of enrollment to participate in a Program with a valid postal zip code, email address and telephone number. TG’s Crew allows only one person to use a registered email address or mobile telephone number.
Privileges and Rewards
Your use or operation of the Program may allow you to receive certain rewards or privileges, which may not be identified to you in advance. Purchases at participating Temper Grille locations (which may or may not include franchisees) may be required to redeem offers. Check with your Temper Grille location to identify participating locations. Rewards may be issued by Temper Grille on a periodic basis. Number, type and frequency of rewards are based upon a number of factors, including without limitation, volume and type of purchases at participating the Temper Grille, member usage, type and amount of personal information provided, and type and amount of participation in and/or interaction with other Programs and/or applications. You are not obligated to accept or utilize any rewards. Temper Grille reserves the right to terminate or change the Program, including these Program terms, and/or terms of the rewards, at any time without notice.
You may terminate your participation in the Program by following the unsubscribe link in our email communication with you or by texting STOP to 89074. Your participation in the Program may be discontinued by us in connection with unauthorized or fraudulent use of the Program or violation of these Program terms. Temper Grille reserves the right to seek all remedies available at law and in equity for violations of any of the Program terms, including suspending or blocking your access to the Program or member card.
Information We Collect and How We Use It
Information is collected about you (directly and/or through the activities of franchisees and third party suppliers and service providers (“suppliers”)) from various sources, including without limitation the following: (i) Information you provide when you contact us through the website, (ii) Information you provide on the sign up slips, online pages, surveys, or other submission through the barlouieamerica.com website or in connection with the Program, (iii) Information recorded as a result of your interaction with us and/or franchisees, and (iv) Information you provide when you respond to surveys conducted by or on behalf of us and/or franchisees.
The information collected may be combined, used and disclosed in a number of ways by us (directly and/or through the activities of franchisees and supplier(s)), to help us better understand and serve our customers, including without limitation the following: (i) to administer the Program including providing you with Program benefits and related communications, and to verify your participation in the Program; (ii) to provide you with, or otherwise respond to your requests for, information and/or services, including but not limited to e-newsletters, marketing programs, or other options in our marketing programs; (iii) to provide you with information about new products or services, events in our locations, Temper Grille sponsored events, including but not limited to contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about our affiliated company(ies), franchisees and/or other programs any of us or them are involved with; (iv) to enhance our customers’ experiences in our locations, on this Site and in the Program; (v) to analyze customer behaviors and trends; (vi) to conduct research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and to develop products, services, and marketing programs; (vii) to coordinate Program activities and communications with other marketing programs conducted by us and/or franchisees; or (viii) as otherwise described in this Site.
We do not sell or rent to third parties any of the personal information that you provide to us through this Program, or authorize any of our suppliers to sell or rent any such personal information, and we do not authorize any of our suppliers to make independent use of your personal information for their own purposes, including but not limited to for direct marketing. However, aggregated information about customers participating in the Program, surveys or otherwise providing information to Temper Grille (directly or through franchisees and/or supplier(s)) may be combined and utilized by Panera, franchisees and/or supplier(s) for purposes of research, benchmarking and other like uses. Additionally your information may be disclosed in connection with a transfer/sale of business/assets, our compliance with applicable laws, and/or investigation of fraud or violation of these Program terms and other like activities.
Temper Grille, its affiliates, ours/their franchisees, and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Temper Grille does not represent or warrant that the Program will always be accessible or accepted.
In the event that Temper Grille, its affiliates, our/their franchisees, and/or suppliers are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed $100. Temper Grille shall have no liability for any incidental, indirect, special, punitive or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program or any rewards that may be offered, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Temper Grille have any liability for unauthorized access to, or alteration, theft or destruction of your Program information, member card, or reward through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Temper Grille’s control.