Terms and Conditions
Terms and Conditions
Veggie Grill Services, Inc.
Effective Date: 9/1/20
Welcome to the website of Veggie Grill, Inc.
Veggie Grill, Inc. (“Veggie Grill”, “us” or “we”), owns and operates this website (“Site”). These Terms and Conditions (“Terms”) constitute a legally binding agreement made by and between Veggie Grill and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”). The Terms govern your use of the Veggie Grill retail services, Veggie Grill gift card program, Veggie Grill Rewards loyalty program, and other services we make available on this Site (“Services”) or any other websites owned or operated by us. Websites owned or operated by us include:
· VeggieGrill.com
· GrillClub.com
· Twitter.com/VeggieGrill
· Facebook.com/VeggieGrill
· Instagram.com/VeggieGrill
· Pinterest.com/VeggieGrill
· Veggie Grill Mobile Website
· Veggie Grill Mobile App
· Any website that includes a link to these Terms.
These Terms apply to all of the above named websites owned or controlled by Veggie Grill, including websites on social media platforms. If you access any Veggie Grill Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU ALSO AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE PRIVACY POLICY, WHICH DESCRIBES HOW WE COLLECT, USE AND DISCLOSE YOUR DATA, AND YOU CONSENT TO SUCH COLLECTION, USE AND DISCLOSURE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
If you have any questions about these Terms, please contact us by email at info@veggiegrill or call us at 310-745-5228.
Your use of the Site or Services is subject to these Terms. We may change the Terms from time to time, so please check back periodically. When you use our Site, you accept these Terms, including any changes that we may make from time to time.
Some of the Services may be subject to additional posted conditions and your use of those Services is subject to those conditions. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.
Unless you have greater rights in a separate signed agreement with us, we have the right, but not the obligation, to take any of the following actions, in our sole discretion, at any time and for any reason, without giving you any prior notice and without liability to you or any third party:
· Restrict, suspend, or terminate your access to all or any part of our Services or the Site;
· Change, suspend, or discontinue all or any part of our Services;
· Refuse, move, or remove any material that you submit to our Site for any reason;
· Refuse, move, or remove any content that is available on our Site; and/or
· Establish general practices and limits concerning use of our Site.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our franchisees, affiliates or business partners and that these communications are considered part of the Services. You also understand that our Services may include advertisements.
1) Veggie Grill Location and Contact Information.
Veggie Grill LLC
Address 5855 Green Valley Circle, Suite #208, Culver City, CA 90230
Phone 310-745-5228
Fax 424-238-2434
info@veggiegrill.com
2) Proper Use of This Site
Participating Restaurants. This Site provides information about Veggie Grill, our restaurants, products, marketing, promotions and other services we offer. Some of the information provided on this Site is specific to certain participating Veggie Grill restaurants. The distinction between participating and non-participating Veggie Grill restaurants is not always made clear on the Site. Accordingly, if you would like information about whether your local Veggie Grill restaurant offers certain products, promotions, and services mentioned on this Site, please email us at info@veggiegrill.com or call us at 310-745-5228.
Eligibility. To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. Veggie Grill reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
3) Content on Our Site
Intellectual Property Rights. Our Site includes a combination of content that we create and that our affiliates or business partners create. All materials published on our Site, including, but not limited to, text, design, font, photographs, graphics, images, illustrations, sound or video clips, icons, images, media, data, audio, software, interfaces, code, animation and other information and materials, and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Veggie Grill. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Veggie Grill or other respective owners that have granted Veggie Grill the right and license to use such Marks. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your own personal non-commercial use, without our written consent. The use of Veggie Grill’s Marks is prohibited without our written consent and we will strictly exercise and enforce our rights to them to the full extent of the law.
Third-Party Content. Our Site contains content that we create as well as content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. This content may include, among other things, company information, and product or service information or reviews. There may be some inadvertent inaccuracies or typographical errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Site or located at third party URLs that may be posted on our Site. Veggie Grill is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content on such third-party sites.
Third-Party Services. Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Veggie Grill will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.
4) Privacy Policy
All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. Veggie Grill’s privacy policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full privacy policy.
5) Your Conduct on Our Site
Account Information. If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. Veggie Grill has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or services.
Prohibited Conduct. You agree not to copy or imitate the appearance, design or style of our Site. The technology and software underlying our Site and the Services are the property of Veggie Grill, our affiliates and/or our business partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Site or the Services. You agree not to modify the software underlying our Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Site. You agree that you will not use our Site or its content to take any of the following actions:
· Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Veggie Grill or any other person or entity;
· Use the Service or Site commercially;
· Reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
· Interfere with or damage the Services, Site, or underlying any technology;
· Impersonate or misrepresent your identity or affiliation;
· Attempt to obtain unauthorized access to the Services or Site;
· Violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms;
· Violate any law, rule, or regulation;
· Publish, post, upload, email, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
· Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, Easter eggs or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Site, software or hardware, third party websites or telecommunications equipment;
· Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software posted or contributed content or other material;
· Restrict or inhibit any other user from using and enjoying any public area within our Site;
· Collect or store personal information about other users;
· Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site;
· Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
· Send or post spam or other direct marketing communications or postings, transmit or link to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
· Post submissions or use the Site in such a way that damages the image or rights of Veggie Grill, other end users, or third parties; or
· Engage in any illegal activities.
Use of our Site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
6) Content Posted or Submitted by You
Submission of Content. The submission of your content to Veggie Grill through the Site is entirely voluntary and non-confidential. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on our Site ("User Generated Content" or “UGC”). You grant to Veggie Grill, its affiliates, and its partners a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any User Generated Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, reduce to practice, utilize in its business, license the UGC and all rights therein, in the name of Veggie Grill, or its designees throughout the world in perpetuity in any and all media now or hereafter known. You understand that Veggie Grill may be working on the same or a similar content as your UGC, that it may already know of such same or similar content as your UGC from other sources, that it may simply wish to develop your UGC (or a similar content) on its own or it may have taken or will take some other action. In return for Veggie Grill’s review and consideration of your UGC, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as Veggie Grill otherwise agrees in writing.
You acknowledge and agree that you are solely responsible for all of the UGC that you make available through the Site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Veggie Grill the required rights to disseminate any UGC and (2) neither your UGC nor your posting, uploading, publication, submission or transmittal of this UGC or Veggie Grill's use of your uploaded UGC (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. If you post any UGC to any Veggie Grill Site on a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you hereby consent to and agree to abide by the terms and conditions of that social media network.
No Obligation to Use. You understand that Veggie Grill has no obligation, either express or implied, to review, develop or use your UGC and that no compensation is due to you or anyone else for any inadvertent or intentional use of that UGC, related content or content derived from your UGC. We have no obligation to hold any UGC in confidence or compensate you or anyone else for its use. We have the right to remove or edit any UGC for any reason or no reason at all.
Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in this Section 6.
Right to Name and Likeness. You also grant us the right to use and display your name, photograph and any other biographical information that you submit with any UGC in connection with such UGC.
Veggie Grill’s consideration or use of your UGC or any discussions or negotiations with you will not in any way impair Veggie Grill’s right to contest the validity of any rights you claim in any UGC, or any alleged infringement of your rights.
You represent and warrant that (a) you have read and fully understand these Terms and appreciate the nature, extent and consequences of these Terms, (b) the submission of your UGC to Veggie Grill is entirely voluntary and non-confidential, and (c) Veggie Grill, directly or indirectly, may (i) be working on the same content or another content that is similar to the UGC, or (ii) already know of the UGC from other sources, or (iii) wish to develop the UGC directly or a content that is similar to the UGC.
You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Veggie Grill, you hereby irrevocably release and forever discharge Veggie Grill and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Veggie Grill and its affiliates and subsidiaries or their respective successors and assigns with respect to any UGC, including, without limitation, in respect of how Veggie Grill and its affiliates and subsidiaries, directly or indirectly, use the UGC. Nothing in this Agreement shall preclude Veggie Grill from raising any applicable defense, including invalidity and noninfringement, in any action brought by you.
7) DCMA Copyright Infringement Takedown Policy
Infringement Notification. Veggie Grill respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright which you own or for which you are a designated agent, please send a notice of infringement by fax, email or postal mail to Veggie Grill’s designated Copyright Agent:
Veggie Grill Copyright Agent – Keith Klein
Address: 120 Broadway, Suite 300, Santa Monica, CA 90401
Fax: 310-260-4159
Email Address: Keith.klein@bryancave.com
Send such notice with the information that sets forth the items specified below:
· Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
· Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Veggie Grill to locate the material. Please provide a URL and screenshots for each item. Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
· Include details of your claim to the material, or your relationship to the material’s copyright holder.
· Provide your full name, address, and telephone number should we need to clarify your claim.
· Provide a working email address where we can contact you to confirm your claim.
· If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
· If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
· Sign the document, physically or electronically.
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA. Please note that you may be liable for damages, including but not limited to costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent: (a) that material on the Site infringes upon your copyright; or (b) that material on the Site was removed or disabled by mistake or misidentification. If a user is found to be an infringer of the copyright rights of others, Veggie Grill may terminate access to the user’s account.
8) Disputes
Subject to applicable law, you and Veggie Grill agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, the Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Veggie Grill in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 8.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us at info@veggiegrill.com, provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any Covered Matters must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer-Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section as to the types and the amounts of damages for which a party may be held liable. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Veggie Grill user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions. There are only two exceptions to this arbitration agreement:
First, if a party reasonably believes that the other party has in any manner infringed or threatened to infringe the intellectual property rights of the other party, the party who owns the intellectual property rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction.
Second, any claim of $500 or less may, at the option of the claiming party, be resolved in small claims court in Johnson County, Kansas, if the claim and the parties are within the jurisdiction of the small claims court and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Veggie Grill will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Veggie Grill is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Veggie Grill prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Veggie Grill. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator or a court order or because you have chosen to file an eligible lawsuit in small claims court, you agree that any claim or dispute that has arisen or may arise between you and Veggie Grill must be resolved exclusively by a state, federal, or small claims court located in Johnson County, Kansas. You and Veggie Grill agree to submit to the personal jurisdiction of the courts located within Johnson County, Kansas for the purpose of litigating all such claims or disputes.
OPT-OUT. IF YOU ARE A NEW VEGGIE GRILL USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION ("OPT-OUT") BY EMAILING US AN OPT-OUT NOTICE TO [INFO@VEGGIEGRILL.COM] ("OPT-OUT NOTICE") OR VIA US MAIL TO: Veggie Grill, Inc., [5855 Green Valley Circle, Suite #208, Culver City, CA 90203) THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THE TERMS OF SERVICE FOR THE FIRST TIME. IF YOU ARE NOT A NEW VEGGIE GRILL USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS OF SERVICE TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Procedure. In order to opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to: info@veggiegrill.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of the agreement and its Disputes Section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED BELOW) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
9) Terms of Sale
The following terms apply to your purchase of the products (“Product(s)”) offered on the Site:
Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability or otherwise affect your order. We reserve the right to correct errors (whether by changing information on the Site or by informing you of the error and giving you an opportunity to cancel your order) or to update Product information at any time without notice.
Availability and Pricing. Veggie Grill reserves the right to change the prices and available Products at any time.
Orders. We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable or if shipment is delayed. We reserve the right to provide substantially similar products to fulfill your order.
Payment. We use services provided by LevelUp to process payments for this Site. By accessing and using the Site for payments, you consent to LevelUp’s terms of service, which can be found at www.thelevelup.com/terms. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment prior to your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Taxes. Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
10) Influencers
Veggie Grill sometimes uses Influencers to promote our brand. Influencers are people paid by Veggie Grill or who receive other benefits from Veggie Grill (such as, without limitation, free products, discounts, or the opportunity to win a prize) in exchange for promoting our brand in social media, in other media outlets, and in person. Examples of Influencer promotions include, without limitation:
· A blogger who receives free products from Veggie Grill in exchange for writing a review of Veggie Grill’s menu items and customer service.
· A celebrity or consumer who is paid by Veggie Grill to post positive comments about our brand on a social media network.
· A consumer who posts comments about Veggie Grill in order to enter a Veggie Grill competition on a social media network (i.e., “I love Veggie Grill! #sweepstakes”).
· A person who has a large following or fan base makes an in-person appearance at one of our stores to promote our brand.
All Veggie Grill Influencer promotions will contain a disclaimer to alert you to our relationship with the Influencer. You agree that when you see a Veggie Grill Influencer promotion, you will consider how our relationship with the Influencer, which may include payment of money or other benefits, could impact the comments that the Influencer makes about our products, service, and brand. You agree that you will not rely solely or primarily on an Influencer’s opinion when deciding whether to purchase our products or interact with our brand. You also agree to base any decision to purchase our products or interact with our brand solely or primarily on your own judgment.
11) Competitions
The following rules apply to any Veggie Grill sponsored competition that you enter. If any such competition has supplemental rules, terms, or conditions, then any conflicting rules, terms, or conditions supersede and govern.
Eligibility. You must be 18 years of age or older to enter or win a competition, unless otherwise stated or posted. There is no cost to enter or win a competition, and a purchase will not improve your chances of winning. NO PURCHASE IS NECESSARY. Veggie Grill employees and their immediate families are not eligible to participate in our competitions. We reserve the right to request proof of identity or to verify eligibility conditions and potential winning entries, and to award any prize to a winner in person. Competitions are void where prohibited or restricted by law.
Entries. Your competition entry is User Generated Content and subject to all provisions of these Terms that govern User Generated Content. We reserve the right to disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where the entrant is under 18 years of age. Only one entry per person will be considered unless the competition announcement expressly states that multiple entries are allowed. The use of multiple identities, entries via agents or third parties, and use of automated entries, votes or other programs is prohibited and all such entries (or votes) will be disqualified. For competitions on social media, purchasing “likes” is expressly prohibited and all purchased “likes” will be disqualified.
The following criteria apply to competition entries:
· Email Entries. If you enter a competition via email, you may be asked to consent to receive promotional emails from us in the future. You do not have to agree to receive promotional emails from us in order to enter or win, and agreeing to accept promotional emails will not increase your chances of winning. You can opt out of receiving such promotional emails by either following the directions given in our request to send you promotional emails or by emailing us at info@veggiegrill.com.
· SMS or Text Entries. NO PURCHASE OF WIRELESS SERVICE IS NECESSARY TO ENTER OR WIN. A PURCHASE OF WIRELESS SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. There is no cost to enter a competition via SMS or text message, but standard SMS and text messaging rates will apply. Consult your wireless provider if you have any questions about standard SMS and text messaging rates. To enter a competition via SMS or text message, your device must be in good working order and have SMS or text messaging capability. If you have questions about using SMS or text messaging features on your device, please contact your device manufacturer.
· Social Media Entries. If you enter a competition using a social media network (such as, without limitation, Facebook, Twitter, Instagram, or Pinterest), you consent to and agree to abide by the terms and conditions of that social media network.
Selection of Winners. The following criteria apply to our selection of competition winners:
· In competitions in which winners are randomly selected, each entry has an equal chance of winning and the chance of winning depends upon the number of entries received, regardless of how the entry is submitted. To be clear, entries submitted via social media (i.e., hashtag entries), email, mail, fax, SMS or text message, or any other means of submission shall be treated equally, unless otherwise stated in competition guidelines.
· In competitions in which winners are selected based upon skill or accomplishment, we shall choose the winner based on the merits of each entry, in our sole discretion.
· In competitions in which the public votes to help choose the winner, while voting results may be considered a factor in selecting the winner, the winner will ultimately be selected by us in our sole discretion.
· In competitions in which winners are selected based on being the nth person to complete a stated action (e.g. the fifth person to buy a product), the winner shall be that person provided he or she validly completes the action, as determined by us in our sole discretion.
Reasonable efforts will be made to contact winners. If any winner cannot be contacted or is unable to comply with these Terms, we reserve the right to offer the prize to the next eligible entrant, who will be selected by us, in our sole discretion, using criteria that we determine to be fair. Our selection of winners in any competition shall be final.
Modification, Suspension, Cancellation or Termination. We may modify, suspend, cancel or terminate a competition, extend or resume the entry period, or disqualify any participant or entry at any time without giving advance notice. We will do so if it cannot be guaranteed the competition can be carried out fairly or correctly for technical, legal or other reasons, or if we suspect that any person has manipulated entries or results, provided false information or acted unethically. If we cancel or terminate a competition, we may award prizes in any manner we deem fair, appropriate, and consistent with laws governing the competition.
Prizes. Winners may not request substitutions of prize winnings. No cash or alternative prizes are available, except that we reserve the right to substitute a similar prize of equal or greater value for any reason in our sole discretion without prior notice. Winners cannot transfer or sell prizes, except to a child or other family member. Only the number of prizes stated for the competition is available to be won. All prizes will be awarded provided that we receive a sufficient number of eligible entries and prizes are validly claimed by the date provided in the competition rules. We reserve the right to deal with unclaimed prizes in any manner we see fit. Unless otherwise disclosed in the prize description prior to entry, all winners are solely responsible for any and all taxes, costs and/or fees associated with claiming a prize. We reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms. Acceptance of any prize shall constitute a release and discharge of Veggie Grill by each winner from any and all liability, claims, demands, causes of action, and/or damages which the winner may have, whether known or unknown at the present time, of any nature whatsoever, arising out of or relating to: (i) the contest, (ii) personal injury and/or property damage, theft or loss suffered by the winner as a result of the use and/or enjoyment of the prize, and/or (iii) any tax liabilities in relation to the contest, prize and/or use or enjoyment of the same.
Publicity. As a condition of receiving a prize, we reserve the right to require winners to sign and return an affidavit of eligibility, liability release and publicity release. Notwithstanding this reserved right, if you win a prize, you agree to participate in reasonable publicity related to the competition and consent to allow us to use your name, town or city and state, province or country, image, likeness, voice, prize information, and statements by you about the competition for publicity, advertising, editorial, and promotional purposes, unconditionally and without additional permission or compensation, except where prohibited by law.
12) Gift Cards
Veggie Grill is pleased to offer Veggie Grill gift cards, the perfect gift for any occasion. Veggie Grill gift cards are provided by GiveX, our third party vendor. Please visit and read Veggie Grill’s full gift card policy.
13) Veggie Grill Rewards
Veggie Grill Rewards is our loyalty program and mobile app. As a Veggie Grill Rewards member, you can earn Veggie Grill Rewards loyalty credits each time you make a purchase using the app. You can also pay for your order using the app. For details, please visit and read our Veggie Grill Rewards program terms and conditions here.
14) WiFi in Our Participating Stores
Veggie Grill is pleased to offer limited Wi-Fi service as a convenience, where available. If you use any internet access services at any Veggie Grill location, you consent to the terms of our Wi-Fi policy and/or internet usage policies, which you can find on our webpage and may or may not be presented upon first login. Adult, illicit, illegal or pornographic material may not be downloaded or viewed at any time. We also reserve the right to prevent, throttle or hinder any or all services at any time. You also consent to any and all terms and conditions of the Internet Service Provider (ISP) which can be found at their respective websites. It is your responsibility to review terms and conditions upon first use and periodically. For any questions or identification of a particular ISP, please contact info@veggiegrill.com. Veggie Grill’s wireless network is not secure, and we cannot guarantee the safety of your traffic across its network. Veggie Grill assumes no responsibility for the configurations, security or files on your device resulting from connection to Veggie Grill’s network. Information sent to or from your device can be captured by anyone else with a wireless device and appropriate software. Veggie Grill does not provide technical assistance. If you need assistance, contact the manufacturer of your hardware or software. Veggie Grill is not responsible for any changes you make to your device’s settings nor any changes resulting from the use of our network.
15) Indemnification
You hereby agree to indemnify, defend and hold Veggie Grill and all of our officers, directors, owners, employees, agents, information providers, franchisees, affiliates, partners, and licensors (“Veggie Grill Party,” or collectively, the “Veggie Grill Parties”) harmless from and against any and all liability, claims, damages, losses, costs, and expenses, including attorneys' fees, incurred by any Veggie Grill Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement (a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of Veggie Grill or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
16) Warranties and Disclaimers
Service Outages and Force Majeure. Unless you have greater rights in a separate signed agreement with us, we disclaim to the fullest extent permitted by law any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. Under no circumstances shall Veggie Grill or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. This provision is not intended to disclaim liability that Veggie Grill may not disclaim under law.
USE OF SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. VEGGIE GRILL ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS. NEITHER WE NOR OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT VEGGIE GRILL MAY NOT DISCLAIM UNDER APPLICABLE LAW.
NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. VEGGIE GRILL DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND VEGGIE GRILL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. VEGGIE GRILL WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
17) Limitation of Liability
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILL VEGGIE GRILL, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “VEGGIE GRILL” FOR PURPOSES OF THIS SECTION) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF VEGGIE GRILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. VEGGIE GRILL WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR LOSS OF GOODWILL. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT VEGGIE GRILL MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT, $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT VEGGIE GRILL MAY NOT EXCLUDE UNDER APPLICABLE LAW.
NEW JERSEY RESIDENTS. TO NEW JERSEY RESIDENTS, THE PROVISIONS OF THIS PARAGRAPH 17 ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS PERMITTED BY THE LAW OF THE STATE OF NEW JERSEY ONLY.
18) Termination; Survival
Term. These Terms are effective unless and until terminated by you or us. We may, in our sole and absolute discretion and without any liability, modify, suspend or discontinue any aspect of the Site, temporarily or permanently, at any time and without prior notice. In the event of termination of services, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein.
Modification and Termination of Site and Services. We reserve the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions of the Site, or your access to the Site or any features or portions thereof without prior notice. You agree that Veggie Grill will not be liable for any modification, suspension or discontinuance of the Site or your access to the Site or any part thereof.
Suspension and Termination. We may deny you access to all or part of the Site at any time for any reason (including if you violate these Terms, as determined in our sole and absolute discretion) or no reason at all.
Survival. If we terminate your right to access the Site, these Terms will terminate and all rights you have to access the Site will immediately terminate. The following provisions will survive termination: 3 through 9, 11, and 15 through 19.
19) General Terms
No Waiver; Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Kansas, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Kansas if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:
Veggie Grill
5855 Green Valley Circle
Suite #208
Culver City, CA 90230
or
info@veggiegrill.com
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Veggie Grill and govern your use of the Site and Services and supersede any prior agreements between you and Veggie Grill on the subject matter. You may also be subject to additional terms when you use certain Veggie Grill third party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Veggie Grill without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Veggie Grill. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. "Include(s)" or "including" means, respectively, "include(s), without limitation," or "including, without limitation," unless expressly stated otherwise. If you are using the Site or Services for or on behalf of the United States of America or any other government, your license rights do not exceed those granted to non-government consumers.
Notice to California Users. Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Notice to Users Outside the United States of America. The Site is controlled and offered by Veggie Grill from the United States of America. Veggie Grill makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.