Terms & Conditions
Acceptance of Terms. Welcome to the Burgerville® website, owned by The Holland, Inc. (“The Holland”). Your use of the site means you agree to accept these Terms. The Holland reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes.
Description of Service. The Burgerville website provides information about the history, mission, community activities, locations and menu offerings of Burgerville restaurants and The Holland, Inc.
Modifications to Service. The Holland reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that The Holland will not be liable to you for any modification, suspension or discontinuance of the Service.
Termination of Service to You. You agree that The Holland, in its sole discretion, may (as applicable) terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that The Holland will not be liable to you for any termination of your access to the Service.
Restrictions on Use. You agree not to use the Service to transmit any content that is: (1) unlawful under the laws of any jurisdiction to which you or The Holland are subject; (2) harmful, threatening, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations); (3) insider information, or any other proprietary or confidential information; (4) an infringement of any patent, trademark, trade secret, copyright or other intellectual property right; (5) falsified, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise its origin; or (6) containing or transmitting software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software. You agree to indemnify and hold harmless The Holland from any liability incurred as the result of your violation of these Terms.
Our Rights to Your Content. The Holland will obtain certain rights to the “User Content” that you upload on our website or otherwise provide in connection with the Service. User Content is data, code, files, videos, photos, messages, reviews, text, comments, materials, links, designs, graphics and any other information (including proof-of-purchase content) that you or other users post or upload on or through our website, except to the extent that the content is owned by The Holland. We have no obligation to backup User Content and you should take appropriate steps to maintain your User Content. Furthermore, your User Content is not confidential or proprietary. You grant – and warrant and represent that you have the right to grant to The Holland a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable right and license to use, copy, modify, delete, reproduce, transmit, perform, translate, assign, adapt, publish, publicly display, translate, create derivative works from, offer to sell, sell, distribute, export and commercialize your User Content in any manner or media for all purposes without any payment due to you. If you do not want to grant this license, do not post User Content. Further, by this grant of rights, you voluntarily waive any “moral rights” that you may have to your User Content.
Disclaimer of Warranties and Limitation of Liability. YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE HOLLAND DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE AT ANY GIVEN TIME, SECURE, OR FREE OF ERROR. YOU USE THE SERVICE AT YOUR OWN RISK, AND YOU ASSUME THE RISK THAT ANY MATERIAL DOWNLOADED BY YOU FROM THE SERVICE MAY CAUSE LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL THE HOLLAND BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF THE HOLLAND IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.
Choice of Law & Forum Selection. You agree that any claims under these Terms will be subject to the laws of the State of Oregon and of the United States of America, and you hereby consent to jurisdiction and venue in the courts of the State of Oregon.
Severability & Waiver. The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by The Holland of strict performances of any provision of these Terms will not be a waiver of or prejudice The Holland’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
Entire Agreement. These Terms constitute the entire agreement between the parties as to their subject matter, terms, conditions, or obligations between the parties other than those contained in these Terms. No modification of these Terms will be valid unless in writing and signed by both parties.
Privacy Statement. The Holland, Inc. respects your individual privacy. Our name and reputation have been built on a foundation of trust. This online privacy statement tells you about information collected on our site, www.burgerville.com (the “Site”), how we use the information and how you can opt out of certain information we collect. By using our Site, you are consenting to the information collection practices in this statement.
Information Collection and Use. The Holland collects information on the site at two different stages.
First, we collect anonymous, aggregate information (such as domain name or IP address) from all visitors to the site. This type of information is never linked to any personally identifiable information and is only used in the aggregate to generate statistical reports about the use of our site.
Second, we require the submission of certain personally identifiable information when you use services that are now or may later become available on the site. For example, if you communicate with us via email, we will retain the email address and other personal information submitted as part of the communication. Similar information will be collected if you register as a user of the site, participate in a survey, post content to a forum or subscribe to a newsletter.
Personal Information of Children Under 13. The Holland complies with the requirements of the Children’s Online Privacy Protection Act (COPPA) and the federal regulations interpreting COPPA (16 CFR Sec. 512). We do not knowingly collect any personally identifiable information from children under 13 years of age through this site.
Use of Your Personal Information. The Holland does not sell, rent, or share customer information collected on the site to or with any third party not affiliated with or owned by The Holland, except service providers who may assist The Holland in such areas as data storage. The Holland will never give or sell your personal information to be used for the purposes of sending you unsolicited commercial offers (such as spam) from any third party. We will not ourselves use your personal information to send you commercial messages, except in accordance with your expressed preferences. However, we may need to contact you for purposes other than marketing, and you may not opt-out of these kinds of communications.
Use of Aggregate Information. We may store information that we collect through log files to create a profile of our users. Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track a customer’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. A profile is stored information detailing how individual customers use the site. If created, such profiles will be used solely for internal purposes, to help us improve the site experience of our customers.
Disclosure of Personal Information As Required By Law. We will disclose personal information when required by law, or if we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on us.
Business Transitions. In the event The Holland goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, our customers’ personal information may be part of the assets transferred. Customers will be notified via prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If, as a result of the business transition, your personally identifiable information will be used in a manner materially different from that stated at the time of collection, you will be given a choice consistent with our Notification of Changes section.
Links. This Web site contains links to other sites. The Holland is not responsible for the privacy practices or content of these other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by our site.
Please contact us if you have any questions about our privacy statement.
Infringing Content on our Website – DMCA Takedown Notice. If you are a copyright owner or an agent thereof and believe that any Content published on our website infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending an email to Marketingteam@burgerville.com providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the Holland to locate the material;
- Information reasonably sufficient to permit the Holland to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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.
Security. The Holland takes commercially reasonable precautions to protect your personal information. However, given the nature of the Internet and the fact that network security measures are not infallible, we cannot guarantee the security of your information.
We also make an effort to protect your information off-line. All of our customers’ information is restricted in our offices. Only employees who need the information to perform a specific job (for example, a customer service representative) are granted access to personally identifiable information. All employees are kept up-to-date on our security and privacy practices. Finally, the servers that store your personally identifiable information are housed in a secure environment.
If you have any questions about the security at our site, please contact us.
Correcting, Updating, Deleting and Deactivating Personal Information. If your personally identifiable information changes, you may contact us to correct, update or delete and deactivate our record of your personally identifiable information.
The Holland, Inc.
109 West 17th Street
Vancouver, WA 98660