Privacy Policy
Burgerville, LLC (“we,” “us,” or “Company”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (this “Policy”). This Policy describes the types of information we may collect or that you may provide when you purchase products on, download, install, register with, access, visit, or otherwise use (collectively, “interact”) the website www.burgerville.com (our “Website”) or the Burgerville mobile application (our “App”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. Our Website and App are collectively referred to herein as our “Services”.
This Policy applies to information that we collect on and through our Services, and in email, text, or other electronic communications sent through, or in connection with, our Services. This Policy does not apply to information that:
We collect offline or on any other applications or websites, including content you may access through our Services.
You provide to or is collected by any third party (see Third-Party Information Collection).
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not interact with our Services. By interacting with our Services, you agree to this Policy. This Policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we revise this Policy means you accept those changes, so please check this Policy periodically for updates.
CHILDREN UNDER THE AGE OF 18
Our Services are not intended for children under 18 years of age. No one under age 18 may provide any information on our Services. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on our Services or through any of its features, register on our Services, make any purchases through our Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at guestservices@burgerville.com.
INFORMATION WE COLLECT & HOW WE COLLECT IT
We collect information from and about users of our Services:
Directly from you when you provide it to us, such as, for example, when you fill in an account registration form.
Automatically from you when you use our Services, such as, for example, your device’s operating system and other usage details (see Automatic Information Collection).
From third parties, for example, our business partners, service providers, and affiliates.
Information You Provide to Us
When interacting with our Services, we may ask you to provide us with information:
By which you might be personally identified or contacted, such as your name, postal address, email address, and telephone number (“personal information”).
That is about you but does not individually identify you, such as your Internet Protocol (“IP”) address and your usage data (see Automatic Information Collection).
This information includes:
Information that you provide by filling in forms on or through our Services. This includes information provided at the time of registering with or logging in to our Services, purchasing products, or requesting further information or services. We may also ask you for information when you report a problem with our Services.
Records and copies of your correspondence (including email addresses and phone numbers), if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of your transactions with us that you carry out on or through our Services, and the fulfillment of your orders. You may be required to provide financial information before placing an order.
Your search queries on our Services.
Collection of Payment Information
We provide paid products and/or services within the Service. In doing so, we may use third-party services for payment processing. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their privacy policies. These payment processors adhere to the Payment Card Industry (“PCI”) Data Security Standard set by the PCI Security Standards Council.
Automatic Information Collection and Tracking
When you interact with our Services, we may use technology to automatically collect your:
Usage Data. When you interact with our Services, we may automatically collect certain details of your access to and use of our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through our Services.
Device Information. We may collect information about your mobile device and internet connection, including your device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
Location Information. Our Services may collect real-time information about the location of your device.
The technologies and third-party tools we use for automatic information collection include:
Cookies (or mobile cookies). A cookie is a small file placed on your smartphone or on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your smartphone or browser. However, if you select this setting you may be unable to access certain parts of our Website or App. Unless you have adjusted your settings so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or when you use our App.
Web Beacons. Pages of our Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to, for example, count users who have visited those pages [or opened an email] and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Click Tracking. Click tracking is an analytical feature that measures and reports where users click or tap on our Services. Every time you click on our Services, we record the event and log your user session for future analysis. We use this information only to improve our services. Click tracking only collects the IP address assigned to you on the date when you visit our Services, rather than your name or other identifying information.
Analytics. We collect analytics information from various third-party service providers. We only use the information we get from analytics to improve our Services; we do not combine the information collected through the use of analytics with personally identifiable information. For example, Google Analytics collects information such as how often users visit our Services, what pages they visit when they do so, and what other sites they used prior to coming to our Services. Google Analytics collects only the IP address assigned to you on the date you visit our Services, rather than your name or other identifying information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Services, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to our Services by disabling cookies on your browser. Google has also created a browser add-on for opting out of Google Analytics which can be found here: https://tools.google.com/dlpage/gaoptout.
Third Party Information Collection
When you use our Services, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:
Advertisers, ad networks, and ad servers.
Hosting service providers.
Credit card and gift card processors, such as ParPay, Worldpay (for credit card processing) and Paytronix and Square (for gift card processing).
Location tracking services such as Flybuy and Radar.
Analytics companies.
Your mobile device manufacturer.
Your mobile service provider.
These third parties may use tracking technologies to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Your Choices About Our Collection, Use, and Disclosure of Your Information.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
Provide you with our Services and their contents, and any other information, products, or services that you request from us.
To improve the effectiveness of our products, services, and marketing communications.
To measure or understand the effectiveness of advertising we deliver to you and others, and to deliver relevant advertising to you.
Fulfill any other purpose for which you provide it.
Give you notices about your account.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Notify you when App updates are available, and of changes to any products or services we offer or provide though our Services.
The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our App according to your individual interests.
Speed up your searches.
Recognize you when you use our Services.
We use location information we collect to match users with local restaurants for ordering and delivery.
We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
HOW WE DISCLOSE YOUR INFORMATION
We may disclose aggregated information about our users, and information that does not identify any individual or device, without restriction.
In addition, we may disclose personal information that we collect or you provide:
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Services’ users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including our Terms of Use [LINK TO TERMS OF USE] and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
YOUR CHOICES ABOUT OUR COLLECTION, USE, AND DISCLOSURE OF YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of our Services may then be inaccessible or not function properly.
Location Information. You can choose whether or not to allow our Services to collect and use real-time information about your device’s location through your device’s privacy settings. If you block the use of location information, some parts of our Services may become inaccessible or not function properly.
Email Promotion by the Company. If you do not want us to use your email address to promote our own products or services, you can opt-out by emailing us at guestservices@burgerville.com or by submitting your request through the online contact form at https://www.burgerville.com/comments/.
In-App Notifications. We may occasionally send you notifications through both in-App alerts and phone notifications to enhance your user experience and keep you information about important updates, promotions, or relevant context. You can adjust your notification preferences by accessing your settings within the App or through your phone settings.
SMS Communications. By providing your mobile phone number and using our mobile application, you consent to receiving SMS messages from us. We may use SMS communications to provide you with important updates, account information, or promotional offers related to our services. You can opt-out of these communications at any time by following the instructions provided in the SMS messages or by adjusting your notification preferences in the App settings. Please note that standard messaging and data rates may apply depending on your mobile carrier plan.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
ACCESSING, CORRECTING, AND DELETING YOUR PERSONAL INFORMATION
You may update, amend, or delete your information at any time by emailing us at guestservices@burgerville.com to request access to, correct, or delete personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
Proper access and use of information provided on our Services is governed by our Terms of Use [LINK TO TERMS OF USE].
DATA SECURITY
The security of your personal information is important to us. While we have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure, no method of transmission over the Internet, or method of electronic storage is 100% secure.
The safety and security of your information also depends on you. Where you have a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone and urge you to be careful about giving out information in public areas.
Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.
CHANGES TO THIS POLICY
We may revise update this Policy from time to time. All changes are effective immediately when posted, and apply to all access and use of our Services thereafter. Your continued use of our Services following the posting of the Policy as revised means that you accept and agree to the changes. You are expected to check this Policy frequently so you are aware of any changes, as they are binding on you. If you are dissatisfied with our Services, its content or our Policy (including as modified), you agree that your sole and exclusive remedy is to discontinue using our Services. If we make material changes to how we treat our users’ personal information, we will post the new privacy policy on this page with a notice that the privacy policy has been updated and notify you an in-App alert the first time you use the App after we make the change. The date this Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you and for periodically visiting this Policy to check for any changes.
CONTACT INFORMATION
If you have any questions about this Policy, you can contact us by emailing us at guestservices@burgerville.com or by submitting your question or comment through the online contact form at https://www.burgerville.com/comments/.
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TERMS & CONDITIONS
These Terms of Use, together with our Privacy Policy , and any other legal notices, terms, and policies expressly incorporated herein (collectively, our “Terms of Use”), are a binding agreement between you and Burgerville, LLC (“we,” “us,” or “Company”). By downloading, installing, registering with, accessing, visiting, or otherwise using (collectively, “interacting”) the website www.burgerville.com (our “Website”) or the Burgerville mobile application (our “App”), you are agreeing to our Terms of Use. Our Website and App are collectively referred to herein as our “Services”.
Please read our Terms of Use carefully before you start interacting with our Services. By using our Services, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to our Terms of Use, you must not interact with our Services, but you are still very welcome at all of our restaurant locations.
COMPLIANCE WITH OUR TERMS OF USE
You agree to use our Services only in accordance with these Terms of Use, whether you are a “Visitor” (which means that you simply browse our Services as an unregistered user) or you are a “Member” (which means you have registered and have an account with us). The term “User” means a Visitor or a Member. Please read and save all of these Terms of Use. If you do not agree with the Terms of Use, do not use our Services or any of its features. If you register to become a Member you may be required to indicate your acceptance to these Terms of Use during the registration process.
Eligibility
Our Services are offered and available to Users who are 18 years of age or older in Oregon or Washington. By using our Services, you represent and warrant that you are 18 years of age or older. If you do not meet this requirement, or are located outside of Oregon or Washington you are not permitted to access or use our Services.
Use of our Services and its features and registration to be a Member (“Membership”) are void where prohibited. By using our Services and its features, you represent and warrant that (a) you are 18 years of age or older; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of our Services and its features does not violate any applicable law or regulation.
Consent to SMS Communications
By using our Services, you may have the option to receive SMS communications from us. These communications may include important updates, promotional offers, account-related information, and more. When you create an account with us or otherwise provide us your phone number, you are consenting to receive such SMS messages from us. You can opt-out of SMS communications at any time by emailing guestservices@burgerville.com or following the instructions provided in the SMS messages or texting “STOP” to [INSERT SHORT CODE]. After you send the “STOP” message, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, please email guestservices@burgerville.com. If you are experiencing issues with our SMS program, you can reply with the keyword “HELP” for more assistance, or you can email us directly at guestservices@burgerville.com. Carriers are not liable for delayed or undelivered messages. As always message and data rates may apply, depending on your mobile carrier plan. Please note that opting-out may impact your access to certain promotions and information.
Changes to Our Terms of Use
We may revise and update our Terms of Use from time to time at our sole discretion. All changes are effective immediately when posted, and apply to all access and use of our Services thereafter. Your continued use of our Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check our Terms of Use frequently so you are aware of any changes, as they are binding on you. If you are dissatisfied with our Services, the content of our Services, or any terms and conditions herein (including as modified), you agree that your sole and exclusive remedy is to discontinue using our Services.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend our Services at our sole discretion without notice. We will not be liable if for any reason all or any part of our Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of our Services to Users, including Members.
You agree that all information you provide for Membership or otherwise, including, but not limited to, through the use of any interactive features on our Services, is governed by our Privacy Policy [LINK TO PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you register to become a Member, you will be asked to provide phone number. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into our Services. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, so please be vigilant in protecting its confidentiality.
We have the right to disable any user name, password, or other identifier at any time at our sole discretion for any or no reason, including, if, in our opinion, you have violated any provision of these Terms of Use.
Your Use of Our Services
You agree not to use our Services for any unlawful purpose. You agree not to rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer our Services or any portion thereof or use it in any manner not expressly authorized by these Terms of Use. You agree not to copy, reverse engineer, translate, port, modify or make derivative works of any portion of our Services. Tampering with our Services or any of the features or content available on our Services, misrepresenting the identity or age of a User, or conducting fraudulent activities on our Services are prohibited.
Prohibited Uses
You may use our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Services:
In any way that violates any applicable federal, state, local, or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors (defined, for purposes of these Terms of Use, as a User under the age of 18) in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly upload any material that does not comply with the Content Standards set out in these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm the Company or Users of our Services, or expose them to liability.
Additionally, you agree not to:
Use our Services in any manner that could disable, overburden, damage, or impair our Services or interfere with any other party’s use of our Services, including their ability to engage in real time activities through our Services.
Use any robot, spider, or other automatic device, process, or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.
Use any manual process to monitor or copy any of the material on our Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of our Services.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Services, the server on which our Services is stored, or any server, computer, or database connected to our Services.
Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of our Services.
INTELLECTUAL PROPERTY RIGHTS
Our Services and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Trademarks
Our Company names, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Services are the trademarks of their respective owners.
CONTENT STANDARDS
In areas where you may be allowed to upload information, such as when you provide us feedback (“User Upload(s)”), you are required to abide by the following standards:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [LINK TO PRIVACY POLICY].
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Content that violates these Terms of Use may result in account suspension.
DISCLAIMERS
We take no responsibility for third party advertisements, applications, or content that are posted on or through our Services, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of our Services including, without limitation, any User Contributions.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or User Upload. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of our Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with our Services.
Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of our Services, from any User Uploads provided through our Services, or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our Services. We will not be liable to you if you are unable to access information through our Services.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain limitations or exclusions in these Terms of Use may not apply to you.
Our Services are provided “AS-IS” and as available. We expressly disclaim any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of our Services.
LIMITATION OF OUR LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
INDEMNIFICATION
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of our Services in violation of the Terms of Use, and/or arising from a breach of the Terms of Use and/or any breach of your representations and warranties set forth in the Terms of Use, and/or arising out of or relating your User Upload(s) or third party transactions that you enter or attempt to enter in connection with our Services.
MISCELLANEOUS
These Terms of Use will be construed, and their performance enforced, under the laws of Oregon without reference to choice of law principles. Any dispute relating to these Terms of Use or our Services may be litigated only in a court having jurisdiction and venue in Multnomah County, Oregon, for state court causes of action and in the District of Oregon for federal court causes of action. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use. We may assign the Terms of Use, in whole or in part, to a related entity or to a third party.
EACH OF THE PARTIES KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER (COLLECTIVELY, “CLAIMS”). EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. ANY CLAIMS YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
These Terms of Use are accepted upon you interacting with our Services or any of its features and is further affirmed upon you becoming a Member. The Terms of Use constitute the entire agreement between you and the Company regarding the use of our Services and its features. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The Terms of Use operate to the fullest extent permissible by law. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.
YOUR COMMENTS AND CONCERNS
All feedback, comments, requests for technical support, and other communications relating to our Services should be directed to guestservices@burgerville.com.
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