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Terms of Use

Last Updated: November 20, 2023

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”.  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, 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.
  • 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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