Last Updated: March 15, 2022
1. Types of Information That May Be Collected
Certain Services may ask you to register an account with us, or otherwise provide information, some or all of which may be considered personal information, to us or one of our service providers. We may ask you for some or all of the following types of information via the Sites when you sign up for email subscriptions, sign up for or participate in Redemptions, participate in surveys, access various content or features, submit comments or content, or directly contact us with questions or feedback:
· Identifiers and other personal information such as your name, date of birth, billing address, shipping address, email address, telephone number, account number, password, mobile device identification numbers, Internet Protocol address (from which we can derive your general geographic area), and payment card information (solely for fulfillment of any purchases);
· Internet or other electronic network activity, such as information concerning your interaction with the Sites and their content and the devices you use to interact with the Sites, browsing history, and information regarding your interaction with an Internet Web site, application or advertisement;
· Information for Redemptions, including serial numbers, identifies, balances, points, rewards, to sell, issue, redeem, or process other transactions in connection with such Redemptions; and
· Demographic information, such as gender.
Other information, such as computer network activity and device identifiers described above may be collected through automated means. Automatic collection of information further may include:
· Your browser type and operating system;
· Sites you visited before and after visiting the Services;
· Pages you view and links you click on within the Services and related websites or apps which are also owned and operated by us, our affiliates, or our business partners, including articles, videos, and photo galleries viewed;
· Information collected through cookies, pixel tags, Local Shared Objects (as defined below), and other similar technologies; and
· Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were received, opened, or forwarded.
2. Use of Information
We may use information that we collect through the Services for a variety of purposes, including to:
· Create your account;
· Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you;
· Manage your contact preferences and requests, including requests concerning how we use your information;
· Conduct and process transactions in connection with the Redemptions;
· Contact you via email and otherwise about your account, products, services, contests, and events that we think might be of interest to you;
· Send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties;
· Provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to improve the quality of our business, the Services, and other products and services we offer;
· Customize and personalize your use of the Services;
· Send you notices to comply with applicable laws and regulations; and
· As otherwise described to you at the point of collection or pursuant to your consent, or otherwise in the Terms of Service.
We may use your non-personal information (including personal information that has been de-identified and/or aggregated) for any reason at our sole discretion.
3. Sharing of Information
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
· Service Providers: We may share your information with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, process Redemptions, provide customer service, develop our Sites, or send communications for us).
· Licensees and Their Subsidiaries and Affiliates: We may share your information with our owners and licensees or any of our/their affiliates.
· Select Business Partners: With your permission, we may share your personal information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. If you do not elect to have your personal information shared, it will not be shared with such third parties. We take measures to help ensure that our partners protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, including any Third Party Terms on our Sites.
· Third Party Ad Serving and Audience and Traffic Measurement Services: We may use third parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across different websites and/or apps. You may opt out by sending an email to firstname.lastname@example.org
· Social Media Engagement and Advertising: We may share information derived from your personal information with social media services (e.g., Facebook, Twitter) to engage with you on accounts you may have on those services or provide targeted advertising to your account.
· Business Transfer: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.
· Interactive Features: We may share information with third parties when you post information to a user profile or a public area of the Services, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available, and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
· Non-personal Information: We may share non-personal information (including personal information that has been de-identified and/or aggregated), such as demographic and usage statistics, with advertisers, sponsors or other third parties for any reason at our sole discretion.
We may also allow third parties to place and read their own cookies, pixel tags, Local Shared Objects, and similar technologies to collect information through the Services. For example, our third party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.
4. Social Networking Services
We may work with certain third party social media providers to offer you their social networking services through our Services. For example, you may be allowed to use third party social networking services, including but not limited to Facebook, Twitter, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Services. These third party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services in accordance with applicable law and their own privacy policies. If you choose to access or make use of third party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.
5. Links to Other Sites
We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.
7. Age Restrictions
Access to the Services is limited to residents of the U.S. age of 13 or over, and certain parts of the Sites, such as our “Email Club” are limited to U.S. residents age 18 and over. We do not knowingly collect, use, or disclose personal information from persons under the age of 13. If we are made aware we have collected personal information from a child under 13 years old in a manner that is inconsistent with the Children’s Online Privacy Protection Act, we will delete this information as soon as possible. We do not knowingly share or sell personal information from persons 13 years old or younger.
You may receive promotional emails, newsletters, and similar communications from us or one of our service providers. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial emails you receive or, if such functionality is enabled in the Services, by notifying us at email@example.com. Please note that opt-out requests may take some time to be effective. Your opt-out will not apply to messages that you specifically request or messages that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us or communicate with you regarding a contest you have entered, even if you opt out of receiving unsolicited commercial email messages.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
10.California Privacy Rights
Eddie Merlots LLC
2000 S. Colorado Blvd., Tower 2, Ste 400,
Denver CO 80222
In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites or apps when he or she uses our Services.
Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals.
The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes California residents’ CCPA rights and explains how to exercise those rights. If you are a resident of a state other than California, we may respond to requests in ways that differ from responses that are required only under California law.
· Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your request, we will disclose to you:
(a) The categories of personal information we collected about you.
(b) The categories of sources for the personal information we collected about you.
(c) Our business or commercial purpose for collecting or selling that personal information.
(d) The categories of third parties with whom we share that personal information.
(e) The specific pieces of personal information we collected about you.
(d) If we sold or disclosed for a business purpose, two separate lists disclosing: (1) for sales, a list identifying the personal information categories; and (2) for disclosures for a business purpose, a list identifying the personal information categories.
· Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. If an exception applies, we will notify you of the applicable exception.
· Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to firstname.lastname@example.org. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a consumer request related to your personal information. You may also make a consumer request on behalf of your minor child.
We will require sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Our processes for verifying requests include matching identifying information that we already have on record to provide services to the customers. We may request additional information from you to complete verification.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
· Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. To the extent applicable, we will deliver our written response by the same means by which you made the request. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
· Selling of Information
We do not sell your personal information.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
(a) Deny you goods or services.
(b) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
(c) Provide you a different level or quality of goods or services.
(d) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
Eddie Merlots LLC
2000 S. Colorado Blvd., Tower 2, Ste 400,
Denver CO 80222
TERMS & CONDITIONS
Terms of Service
1. ABOUT THIS AGREEMENT
ACCESS TO THE SITES AND OTHER SERVICES IS LIMITED TO U.S. RESIDENTS WHO ARE 13 YEARS OF AGE OR OLDER. BY USING THE SITES OR SERVICES, YOU HEREBY CONFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES AGE 13 OR OLDER.
By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and us. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of the Services.
If you are using the Sites or other Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to this Agreement.
The Site is not targeted to or intended to be used or accessed by children under the age of 13, and Company does not knowingly obtain information from children without first obtaining parental consent in accordance with applicable laws like the Children’s Online Privacy Protection Act. If you believe we have collected information from your child in error or have questions about our practices relating to children, please notify Attn: Corporate Counsel, 2000 S. Colorado Blvd., Tower 2, Ste 400, Denver CO 80222.
2.2. ACCEPTABLE USE POLICY
Whether or not you register for an account with us, the Services are only available for access and use by you for lawful purposes. You understand that when using the Services, you may be exposed to user content provided by other users or third parties, and you agree that we are not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a) violates this Agreement; (b) violates any applicable law, statute, court order, regulation or ordinance (including, without limitation, those governing export control, consumer protection, unfair or deceptive practices, and false advertising); (c) restricts, inhibits, disrupts, interferes with, limits, or prevents access or use by anyone of the Services; or (d) through the use of the Services, abuses, defames, harasses, libels, disparages or threatens another user of the Services or any other third party, is strictly forbidden. You also may NOT undertake the following in connection with the Services:
• solicit for commercial purposes other users of the Services
• distribute or post solicitations, promotional materials, spam, junk mail, chain letters, mass or bulk email, or pyramid schemes;
• distribute or post content that you know or reasonably suspect is false, misleading, untruthful, deceptive, or inaccurate;
• distribute or post content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any user content containing nudity that would be unacceptable in a public museum where minors visit;
• distribute or post content that would constitute, encourage or provide instructions for a criminal offense, violate rights of third parties, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
• post or distribute content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any third party. By posting or distributing any content, you represent and warrant that you have the lawful right to use, display, distribute, and reproduce such content, as well as the right to grant such rights to the Company;
• post or distribute any content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• post or distribute defamatory, abusive, profane, threatening, offensive, disparaging, harassing, or illegal materials;
• post or distribute any content embodying the names, images, or likenesses or any person, living or dead, without permission;
• promote alcohol or illegal drugs;
• take any action that attempts to impersonate, deceive, or defraud any person or entity;
• use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;
• harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;
• use any robot, spider, crawler, scraper, bots or other automated means to access or use the Services;
• introduce or attempt to introduce software viruses, Trojan horses, worms, backdoors or any other computer codes, files, or programming instruction or set of instructions that are designed or intended to disrupt, disable, harm, interfere or otherwise adversely affect any computer programs, software, firmware, hardware, mobile devices, wireless devices, computer systems, data or operations;
• take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
• take any action that attempts to gain unauthorized access to, or attempts to compromise the normal functioning operation or security of, any network, system, computing facility, equipment, data or information of anyone;
• take any action that discloses or attempts to gain unauthorized access to user names, passwords, email address, or other personal information of anyone, including, without limitation, other end users;
• take any action that bypasses or attempts to bypass, or circumvents or attempts to circumvent, any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services; or
• attempt to benchmark the Services.
Without limiting our rights to change, restrict, disable or terminate the Services as provided elsewhere under this Agreement, we reserve the right to immediately block or disable your ability to use the Sites and/or otherwise suspend or terminate your access to the Services, in whole or in part, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or posted or distributed any content prohibited above; that such activities have occurred in association with your account or device; or if we otherwise believe that your use of the Services may cause a breach of applicable laws or any of our contractual obligations.
3. OUR INTELLECTUAL PROPERTY RIGHTS
The materials and software associated with the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of, as applicable) the Services or other content or materials, are copyrighted works and exclusively owned by the Company, our affiliates, or our licensors. In addition, the Services, including all software, content, inventions, technology, products, services and data provided through the Services, are protected under United States and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of the Company, our affiliates, or our licensors, and are the exclusive property of the Company, or of our affiliates or licensors as applicable. All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall be the exclusive property of the Company. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to the Company and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback. Without limiting the foregoing, you agree and acknowledge that any content that you post via the Services may be made available for viewing by other users, at the Company’s sole discretion.
4. GIFT CARDS
Please protect all of your gift or rewards cards like cash. Lost or stolen cards will not be replaced. For balance inquiry or customer service, call 1-866-276-1703. You may redeem gift cards or rewards cards for food or beverages at the restaurants indicated on the card, within the U.S., for the duration provided in any terms that are provided to you separately for such card. Card may not be redeemed for cash, except as required by law. Original activation receipt is required for replacement of lost or stolen gift cards. No service fees are charged in connection with this card.
Additional Terms for Corporate Customers: All sales of gift cards are final and cannot be returned. No service fees are charged on gift cards. Gift cards may not be resold for less than face value.
To access and use certain of the Services, you may be required to register a member account with us. The Services may also allow you to link to your personal accounts on third party sites (such as Facebook or Twitter) or with a personal account with an application from one of our affiliates. You hereby permit the Company to share your account information with such third-party sites for the purposes of such linking. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account. You must not use another person’s member account or share your password with another person. At all times, your account must consist of accurate, complete and non-misleading information. You agree to immediately notify us of any unauthorized use of your account or login credentials or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
6. COLLECTION OF INFORMATION
7. MOBILE AND INTERNET SERVICES
By using the Services from your mobile phone, you agree to receive such Services on the device you designate for such purposes and you understand that your wireless or internet services provider’s standard SMS and/or data rates will apply to these Services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any mobile or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges.
8. THIRD PARTY LINKS AND SITES
9. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do the same. If you are a copyright owner or an agent thereof and believe that any user content infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing pursuant to 17 U.S.C § 512(c)(3):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification and identification of each such copyrighted work is both impractical and overly burdensome, a representative list of such works at those locations;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
• Your contact information, including email address, postal address, and telephone number;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our designated Copyright Agent to receive notifications of claimed infringement is:
Eddie Merlots LLC
2000 S. Colorado Blvd., Tower 2, Ste 400,
Denver CO 80222
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all of the requirements of this Section 9(Copyright and Other Intellectual Property Infringement), your DMCA notice may not be valid.
10. UPDATES AND CHANGES
You acknowledge and agree that the form, features and/or nature of the Site and the Services may change from time to time without prior notice to you. We may also cease or discontinue providing the Site or the Services, or support or upgrades for the Site, at any time at our sole discretion. Such new features and/or services shall be subject to the terms and conditions of the then-current version of this Agreement as well as any additional terms and conditions that we may post on any of our Sites or make available through the Services. We may also modify or eliminate services, modules or features of the Site or the Services, in whole or in part, to all users or only selected users at our sole and exclusive discretion; your sole and exclusive remedy, and our sole liability, in connection with any such change, modification or elimination is to terminate your account with us. We reserve the right (and you acknowledge our right), at our sole discretion, to amend or update any part of this Agreement by posting the amended or updated Agreement on any of our Sites or making it available through the Site. While we may choose to notify you of changes to this Agreement, you are responsible for periodically checking for changes to this Agreement. Your continued use of or access to the Services following the posting or distribution of any changes to this Agreement constitutes acceptance of those changes; and such amended or updated Agreement will be effective as of the date of its posting on or through any of our Sites or other Services.
We may terminate your access to all or any part of the Services, or block or disable your access or use of the Site, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, we may terminate your access to all or any part of the Services, or block or disable your access or use of the Site, if (a) we believe that you have breached any provision of this Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (b) we are required to do so by law (for example, where the provision of Services to you is, or becomes, unlawful); (c) we elect to no longer provide the Services to users in the state or country in which you are resident or from which you use the Services; or (d) we believe that your use of the Services may infringe or violate the rights of a third party or subject us or one of our affiliates to civil or criminal liability or reputational harm. Termination may result, in our sole discretion, in the forfeiture and destruction of all information associated with your account. All provisions of this Agreement that by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall so survive. If your account is cancelled or terminated for any reason, you will no longer be able to access information under your account.
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS AFFILIATES, MEMBERS, SHAREHOLDERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, FREEDOM FROM BUGS, FREEDOM FROM ERRORS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY THIRD PARTY THAT OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES).
13. LIMITATION OF LIABILITY; RELEASE
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, LICENSORS, DIRECTORS, MEMBERS, SHAREHOLDERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, DIRECTORS, MEMBERS, SHAREHOLDERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS IS HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITES, THE SERVICES, AND THE COMPANY AND ITS AFFILIATES, LICENSORS, DIRECTORS, MEMBERS, SHAREHOLDERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF OUR SITES OR OTHER SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT. The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14. REPRESENTATIONS AND WARRANTIES
You represent and warrant that (a) your use of the Services will be in strict accordance with this Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the United States or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair or deceptive advertising practices); and (b) your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of the Company, its affiliates or of any other user or third party.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company, its affiliates, it licensors, and its and their respective members, stockholders, managers, directors, officers, employees, representatives and agents from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys’ fees) arising out of or related to or in connection with your actual or alleged (a) use of and access to the Sites and other Services, including, without limitation any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card or rewards card sold by any reseller in any jurisdiction, (b) violation, breach or default of any term of this Agreement, (c) violation by you of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, (d) damage to a third party cause by you or any content which you submit or transmit via the Services, or (e) violation, breach or default of any term of an agreement (whether written or oral, and whether implied or express) between you and any third party.
All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on any of our Sites (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to:
Eddie Merlots LLC
2000 S. Colorado Blvd., Tower 2, Ste 400,
Denver CO 80222
All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section 9(Copyright and Other Intellectual Property Infringement) above. If you have any questions about this Agreement, or if you need to notify us about a non-legal matter, then please contact us at email@example.com at the postal address set forth above.
(b) Choice of Law; Dispute Resolution; No Class Actions. This Agreement is governed by Colorado law, excluding its conflicts of law rules. Except as provided in this Section 17(b)(Choice of Law; Dispute Resolution; No Class Actions) with respect to requests for injunctive relief relating to a breach of your license rights or our intellectual property rights, or any claim brought in small claims court, any controversy, claim or dispute arising out of this Agreement or your use of the Services (including without limitation any controversy, claim or dispute arising from your dealings with or agreement entered into with third-party sponsors for products and/or services promoted in, linked or otherwise provided in or with the Services) (collectively, “Claims”) shall be resolved by final and binding arbitration, further provided that you may assert claims in small claims court if your claims qualify. Such arbitration shall take place through binding, non-appearance based arbitration for any disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000.00). At the option of the party seeking relief, for claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the AAA Rules (as defined below). The arbitrator shall be empowered to award any form of individual relief, including injunctive relief. In order to keep costs down for both you and us, hearings may, at our request, be conducted telephonically or entirely upon submissions. If we think you are violating your license to use the Services or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction. For any claims that do not undergo arbitration, you expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in Denver County, Colorado. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
To begin an arbitration proceeding, you must send a certified letter requesting arbitration and describing your claim at the contact set forth in Section 18 (How to Contact Us), below. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes of the AAA, as modified by this Agreement (collectively, “AAA Rules”). The AAA Rules and costs are available online at www.adr.org or by calling the AAA at 1-800-778-7879
In addition to the above, you waive the right to bring any Claim as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any Claim. Notwithstanding the foregoing, this arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.
(c) Severability; Waiver, No Assignments. The provisions of this Agreement are severable, and if any portion is determined invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect to the fullest extent consistent with applicable law. Any waiver by either party of any term or condition of this Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. This Agreement is not assignable by you, except by operation of law; we may assign our rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
(d) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief, as permitted above.
18. HOW TO CONTACT US
You may direct any questions, complaints or claims with respect to the Sites or the other Services to:
Eddie Merlots LLC
2000 S. Colorado Blvd., Tower 2, Ste 400,
Denver CO 80222
Effective Date: March 15, 2022