Terms of Service

Please read these Terms of Service carefully before using the website located at giordanos.rest (the "Website") or any services offered by Giordanos ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must discontinue use of the Website and our services immediately.

1. Acceptance of Terms

By accessing, browsing, or using the Website at giordanos.rest, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Giordanos.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are using our Website on behalf of a business entity or organization, you represent that you have the authority to bind such entity to these Terms.

We reserve the right to modify these Terms at any time. Continued use of the Website after any such changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

2. Description of Services

Giordanos is a food service business operating in the United States. Through our Website at giordanos.rest, we offer the following services:

• Online Menu Browsing: Users may browse our current food and beverage menu offerings, including descriptions, pricing, nutritional information where applicable, and promotional items.
• Online Ordering: Users may place orders for pickup, delivery, or catering through our Website or affiliated third-party platforms linked from our Website.
• Reservation Services: Where available, users may request or confirm dining reservations through the Website.
• Catering Inquiries: Users may submit requests for catering services for events, parties, and corporate functions.
• Promotional and Loyalty Programs: From time to time, we may offer promotional discounts, loyalty rewards, or special event information through the Website.
• Customer Support: Users may contact our team via the contact information provided on the Website for assistance with orders, reservations, or other inquiries.
• Gift Cards: Where available, users may purchase and redeem gift cards through the Website or at our physical location(s).

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of menu items, pricing, hours of operation, and service offerings are subject to change without notice and may vary by location. All food and beverage items are subject to availability and applicable preparation times.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of using our Website and services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or making a reservation.
• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.
• Use the Website only for lawful purposes and in accordance with these Terms.
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of our services.
• Ensure that any information you submit to us does not violate any third party's rights, including intellectual property rights or privacy rights.
• Promptly pay for all orders placed and services rendered in accordance with these Terms and applicable payment policies.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Fraudulent Activity: Submitting false orders, using fraudulent payment methods, impersonating any person or entity, or misrepresenting your identity or affiliation.
• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Website, our servers, or any systems connected to the Website.
• Malicious Code: Uploading, transmitting, or distributing any viruses, malware, spyware, ransomware, or other harmful code that may damage the Website or the systems of other users.
• Data Mining: Using automated scripts, bots, scrapers, crawlers, or similar data gathering tools to extract, copy, or monitor any portion of the Website without our prior written consent.
• Interference: Interfering with or disrupting the integrity or performance of the Website, or the servers and networks connected to the Website.
• Spam: Sending unsolicited commercial communications or engaging in any form of phishing, spamming, or electronic harassment.
• Reverse Engineering: Attempting to reverse engineer, decompile, or disassemble any software or technology associated with our Website.
• Misuse of Content: Reproducing, distributing, displaying, or creating derivative works of any content on our Website without our prior written authorization.
• Illegal Conduct: Engaging in any activity that violates applicable federal, state, or local laws, including but not limited to consumer protection laws, food safety regulations, and anti-fraud statutes.
• Abusive Conduct: Harassing, threatening, or abusing our staff, other users, or any third parties in connection with your use of our services.

Violation of any of the above may result in immediate termination of your access to our Website and services, and may expose you to civil and/or criminal liability under applicable law.

4. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, photographs, logos, icons, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website (collectively, "Content"), is the exclusive property of Giordanos or its content suppliers and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

The Giordanos name, logo, trade dress, and all related product and service names, design marks, and slogans are trademarks or registered trademarks of Giordanos. Nothing in these Terms grants you any right to use any trademark, service mark, trade name, or logo of Giordanos without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial purposes only. This license does not include the right to:

• Reproduce, duplicate, copy, sell, or exploit any portion of the Website or its Content for commercial purposes;
• Modify or create derivative works based on the Website or its Content;
• Publicly display or perform any Content obtained from the Website; or
• Use data mining, robots, or similar data gathering and extraction tools.

If you believe that your intellectual property rights have been violated in connection with our Website, please contact us at [email protected] with a detailed description of the alleged infringement.

Any unauthorized use of our Content or intellectual property may constitute an infringement of copyright, trademark, or other applicable laws, and may subject you to civil and criminal penalties.

5. Payment Terms

5.1 Pricing

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without notice. Applicable taxes, delivery fees, service charges, and gratuity (where applicable) will be added to the total price of your order at checkout.

5.2 Payment Methods

We accept major credit and debit cards, and such other payment methods as may be made available on the Website from time to time. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including taxes and fees.

5.3 Order Confirmation

Placement of an order constitutes an offer to purchase. We reserve the right to refuse or cancel any order for any reason, including but not limited to unavailability of items, errors in pricing or product descriptions, or suspected fraudulent activity. You will be notified promptly if your order is cancelled, and any charges will be refunded accordingly.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the nature of the order. Orders that have already been prepared or are in transit may not be eligible for cancellation or refund. If you have a concern about an order, please contact us as soon as possible at [email protected]. We will make reasonable efforts to resolve any legitimate concerns in a timely manner.

5.5 Promotional Offers

Promotional discounts, coupon codes, and special offers are subject to their specific terms and conditions, including expiration dates and restrictions on use. We reserve the right to modify or discontinue any promotional offer at any time without notice.

6. Food Allergen and Dietary Information Disclaimer

Giordanos makes reasonable efforts to provide accurate information regarding ingredients, allergens, and nutritional content of its menu items. However, our food items are prepared in facilities that handle common allergens including, but not limited to, gluten, dairy, eggs, tree nuts, peanuts, soy, fish, and shellfish. Cross-contamination may occur.

We strongly encourage customers with food allergies, intolerances, or dietary restrictions to contact us directly prior to placing an order. Giordanos does not assume liability for adverse reactions resulting from undisclosed allergies or dietary conditions. It is your responsibility to review all ingredient and allergen information and to communicate your dietary needs to our staff.

7. Disclaimers — Services Provided on an "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES PROVIDED BY GIORDANOS ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIORDANOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE ON THE WEBSITE;
• WARRANTIES REGARDING THE QUALITY, SAFETY, OR SUITABILITY OF ANY FOOD OR BEVERAGE PRODUCTS BEYOND THOSE REQUIRED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, IN NO EVENT SHALL GIORDANOS, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE NOT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
• BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE BY THIRD PARTIES.

IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO GIORDANOS IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Giordanos and you, and shall apply to the fullest extent permitted by applicable law, including the Federal Trade Commission Act and applicable state consumer protection statutes.

9. Indemnification

You agree to defend, indemnify, and hold harmless Giordanos, its owners, officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use or misuse of the Website or services;
• Your violation of any applicable law, regulation, or third-party rights;
• Any content or information you submit, post, or transmit through the Website;
• Your negligence or willful misconduct; or
• Any dispute between you and any third party in connection with the use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not settle any claim without our prior written consent.

10. Third-Party Links and Services

Our Website may contain links to third-party websites, platforms, and services, including delivery platforms and payment processors. These links are provided solely for your convenience and informational purposes. We do not endorse, control, or assume responsibility for the content, privacy practices, or terms of any third-party websites or services.

Your use of third-party websites and services is governed by their respective terms and privacy policies. We strongly encourage you to review those policies before providing any personal information to third-party platforms. Giordanos shall not be liable for any damages or losses arising from your use of third-party websites or services.

11. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the state in which Giordanos is registered and operates, without regard to its conflict of law provisions.

To the extent that any dispute is not subject to mandatory arbitration as set forth in Section 12, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the applicable jurisdiction for any legal action arising out of or relating to these Terms or your use of our services. You hereby waive any objection to such jurisdiction and venue.

Our services are intended for use within the United States. We make no representation that the Website or our services are appropriate or available in other locations. Access to the Website from territories where its contents are illegal is prohibited.

Applicable consumer protection law includes, without limitation, the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and, where applicable, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as well as any other applicable state consumer protection statutes.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact Giordanos at [email protected] and provide a written description of the dispute, including the nature of the issue, the relief sought, and your contact information. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within this period, either party may proceed with formal dispute resolution as set forth below.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Subject to the exceptions set forth below, any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or your use of our Website or services, shall be resolved exclusively by final and binding arbitration administered by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its then-applicable Consumer Arbitration Rules. The arbitration shall be conducted in English and shall take place in the county or jurisdiction where Giordanos operates.

The arbitrator shall have the authority to award any remedy available at law or in equity, but shall not have authority to award relief for any party that exceeds the limitations set forth in Section 8 of these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND GIORDANOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding.

12.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, including claims involving intellectual property infringement.

12.5 Opt-Out Right

You may opt out of the arbitration agreement set forth in this Section 12 by sending written notice to us at [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration. Opting out of this arbitration agreement does not affect any other aspect of these Terms.

13. Term and Termination

13.1 Duration

These Terms shall remain in full force and effect for as long as you access or use the Website or our services. Your right to use the Website may be terminated at any time by you by ceasing all use of the Website and, if applicable, closing your account.

13.2 Termination by Giordanos

We reserve the right to suspend or terminate your access to the Website and services, in whole or in part, at any time and for any reason, including but not limited to:

• Your breach of any provision of these Terms;
• Suspected fraudulent, abusive, or illegal activity;
• Technical, operational, or legal requirements; or
• Our decision to discontinue the Website or any portion thereof.

In the event of termination, your right to access and use the Website shall immediately cease. We shall not be liable to you for any termination of your access to the Website.

13.3 Survival

Sections of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 4 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 11 (Governing Law), 12 (Dispute Resolution), and 14 (Severability).

14. Changes to Terms

We reserve the right to revise and update these Terms of Service at any time at our sole discretion. All changes are effective immediately upon posting on the Website and apply to all access and use of the Website thereafter. The "Last Updated" date at the top of this page will reflect the date of the most recent revision.

Where required by applicable law, we will notify you of material changes to these Terms via email or a prominent notice on the Website. However, we encourage you to review these Terms periodically to remain informed of your rights and obligations.

Your continued use of the Website following the posting of revised Terms constitutes your acceptance of and agreement to the revised Terms. If you do not agree with the revised Terms, you must discontinue your use of the Website and services.

15. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, it shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

The parties agree that any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely approximates the intent and economic effect of the original provision.

16. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Website, constitute the entire agreement between you and Giordanos with respect to your use of the Website and services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver by us of any right or provision of these Terms shall be effective only to the extent expressly set forth in writing and shall not operate as a continuing waiver or a waiver of any other right or provision.

17. Force Majeure

Giordanos shall not be liable for any failure or delay in performance of its obligations under these Terms caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders or regulations, labor disputes, supply chain disruptions, power outages, telecommunications failures, or acts of terrorism. In the event of such circumstances, we will use reasonable efforts to minimize the impact on our services and notify affected customers as promptly as practicable.

18. Electronic Communications and Records

By using our Website or communicating with us electronically, you consent to receive communications from us in electronic form. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You agree that we may retain electronic records of your transactions, orders, and communications in accordance with our Privacy Policy and applicable law, including applicable data retention requirements under federal and state law.

19. Accessibility

Giordanos is committed to making its Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Website or require an accommodation, please contact us at [email protected] and we will make reasonable efforts to assist you.

20. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you need to contact us for any reason related to our Website or services, please reach out to us using the information below:

We will make every reasonable effort to respond to your inquiry within a reasonable time period. For urgent matters related to an existing order, please contact us directly at the email address listed above.