Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website tastygiordanos.rest or any services provided by Giordanos ("Company," "we," "us," or "our"). By accessing or using our website, placing an order, or otherwise engaging with our services, you ("User," "Customer," or "you") agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must immediately discontinue use of our website and services.

1. Acceptance of Terms

By accessing the website located at tastygiordanos.rest, creating an account, placing an order, or otherwise interacting with Giordanos in any capacity, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

These Terms constitute a legally binding contract between you and Giordanos under the laws of the United States. If you are using our services on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to that entity.

You must be at least eighteen (18) years of age to use our services. By using our website or placing an order, you represent and warrant that you meet this minimum age requirement. We reserve the right to request proof of age at any time and to refuse service to anyone who does not satisfy this requirement.

2. Description of Services

Giordanos is a food service business operating within the United States. Through our website, tastygiordanos.rest, we offer the following services and functionalities:

• Online Menu Browsing: Users may view our current menu offerings, including food items, descriptions, pricing, and available customizations.
• Online Ordering: Users may place orders for food items for pickup, dine-in (where applicable), or delivery through our website or through integrated third-party delivery platforms.
• Account Management: Users may create personal accounts to manage order history, saved preferences, and loyalty program participation (if and when available).
• Promotions and Offers: We may offer promotional discounts, coupons, or special offers accessible through our website.
• Customer Support: Users may contact us with questions, concerns, complaints, or feedback regarding our products and services.
• Catering Inquiries: Users may submit inquiries regarding catering services for special events and gatherings.
• Nutritional and Allergen Information: We may provide general nutritional and allergen information to assist customers in making informed dietary decisions.

All services are subject to availability and may be modified, suspended, or discontinued at any time without prior notice. We reserve the right to impose limits on certain features or restrict access to parts or all of our services without notice or liability.

3. User Accounts and Registration

Certain features of our website may require you to register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate and complete;
• Keep your password confidential and secure, and not share it with any third party;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our sole discretion if we believe that any information you provided is inaccurate, fraudulent, or in violation of these Terms. You may not create more than one account per person without our express written permission. We are not liable for any loss or damage arising from your failure to comply with these account security obligations.

4. User Obligations and Prohibited Activities

By using our website and services, you agree to use them only for lawful purposes and in accordance with these Terms. You represent, warrant, and covenant that you will not:

4.1 General Prohibitions

• Use our website or services in any manner that violates any applicable federal, state, or local law or regulation in the United States;
• Engage in any fraudulent activity, including placing false or fictitious orders, submitting fraudulent payment information, or misrepresenting your identity;
• Harass, abuse, threaten, or intimidate any employee, contractor, or representative of Giordanos;
• Use the website for any purpose that is unlawful, harmful, or objectionable;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.

4.2 Technical Prohibitions

• Attempt to gain unauthorized access to any portion of our website, server, or any systems connected to our website;
• Use any automated means, robot, spider, scraper, or other data mining tools to access or collect information from our website without our express written permission;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
• Attempt to interfere with, compromise, or disrupt the integrity or performance of the website or its related systems;
• Bypass any technical measures we use to restrict access to our website;
• Engage in any activity that places an unreasonable or disproportionately large load on our infrastructure.

4.3 Content Prohibitions

• Post, upload, or transmit any content that is defamatory, obscene, offensive, hateful, or otherwise objectionable;
• Share any content that infringes upon any intellectual property rights of any third party;
• Submit false or misleading reviews, ratings, or feedback about our products or services;
• Use our platform to advertise or promote competing businesses or services.

Violation of any of these prohibitions may result in immediate termination of your access to our services and may also subject you to civil or criminal liability. We reserve the right to cooperate with law enforcement authorities in the investigation of any alleged illegal activity.

5. Ordering, Payment, and Pricing

5.1 Order Placement and Acceptance

When you place an order through our website, you are making an offer to purchase the selected food items at the stated prices. We reserve the right to accept or decline any order in our sole discretion. An order is considered accepted when you receive a confirmation via email or on-screen notification. We are not obligated to fulfill any order until such confirmation has been issued.

All orders are subject to availability. In the event that an item you have ordered is unavailable, we will notify you and, where possible, offer a suitable alternative or a full refund for the unavailable item.

5.2 Pricing

All prices listed on our website are in United States Dollars (USD) and are subject to change without prior notice. Prices displayed at the time of order placement will be honored for that specific transaction. Applicable sales taxes will be calculated and added to your order total based on your location and the applicable state and local tax rates.

5.3 Payment Methods

We accept various forms of payment as displayed at checkout, which may include major credit cards, debit cards, and other digital payment methods. By providing payment information, you represent and warrant that:

• You are authorized to use the payment method provided;
• The payment information you provide is accurate and complete;
• You authorize us to charge the stated amount to your payment method.

All payment transactions are processed through secure, encrypted third-party payment processors. We do not store your full payment card information on our servers. We are not responsible for any errors or issues caused by third-party payment processors.

5.4 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you believe there is an issue with your order — including incorrect items, missing items, or quality concerns — please contact us immediately at [email protected]. Refunds or remakes will be evaluated on a case-by-case basis at our sole discretion. Promotional items, coupons, and discounts are non-refundable and non-transferable.

6. Intellectual Property Rights

All content on the website tastygiordanos.rest, including but not limited to text, graphics, logos, icons, photographs, images, digital downloads, audio clips, video clips, software, and the compilation thereof, is the exclusive property of Giordanos or its content suppliers and is protected by United States copyright laws, trademark laws, and other applicable intellectual property laws and international treaties.

6.1 Trademarks

The name "Giordanos," our logo, and all related marks, graphics, and slogans are trademarks or service marks of Giordanos. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way without our prior written consent. All other trademarks, product names, and company names appearing on our website are the property of their respective owners.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our website solely for your personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Resell or commercially exploit any content or services;
• Download or copy account information for the benefit of another merchant;
• Use data mining, robots, or similar data gathering and extraction tools;
• Create derivative works based on our website content.

Any unauthorized use terminates the license granted herein. We reserve all rights not expressly granted in these Terms.

6.3 User-Submitted Content

If you submit reviews, comments, photographs, feedback, or any other content to our website or social media channels, you grant Giordanos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. You represent and warrant that you own or have the necessary rights to grant this license and that your content does not violate any third-party rights.

7. Food Safety, Allergens, and Dietary Information

We take food safety seriously and strive to maintain the highest standards of quality and hygiene in our food preparation. However, we cannot guarantee that our food items are free from allergens, including but not limited to nuts, dairy, gluten, eggs, soy, shellfish, or other common allergens.

Any nutritional or allergen information provided on our website is for general informational purposes only and should not be relied upon as a substitute for professional medical or dietary advice. If you have a known food allergy or dietary restriction, we strongly encourage you to contact us directly before placing an order. Giordanos shall not be held liable for any adverse reactions, allergic responses, or health consequences resulting from the consumption of our food products.

8. Third-Party Links and Services

Our website may contain links to third-party websites, platforms, or services, including but not limited to third-party delivery platforms and payment processors. These links are provided for your convenience only. We do not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Giordanos is not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services. We encourage you to read the terms and privacy policies of any third-party services you use in connection with our website.

9. Disclaimers and "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, CONTENT, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

GIORDANOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT ON OUR WEBSITE;
• WARRANTIES THAT DEFECTS WILL BE CORRECTED;
• WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES.

No oral or written information or advice given by Giordanos or any of its authorized representatives shall create any warranty not expressly stated in these Terms. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

10. Limitation of Liability

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

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES;
• DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR WEBSITE OR SERVICES;
• DAMAGES ARISING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
• DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE;
• DAMAGES ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL MATERIAL TRANSMITTED THROUGH OUR WEBSITE BY ANY THIRD PARTY.

IN ALL CASES, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO GIORDANOS IN THE NINETY (90) DAYS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Some states do not allow limitations on implied warranties or exclusions of certain types of damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by applicable law.

11. Indemnification

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

• Your violation of these Terms of Service;
• Your use or misuse of our website or services;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through our website;
• Any fraudulent, negligent, or willful misconduct on your part.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses. This indemnification obligation shall survive the termination of these Terms and your use of our website and services.

12. Governing Law and Jurisdiction

These Terms of Service and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Giordanos is registered and operates, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our services shall be brought exclusively in the competent federal or state courts having jurisdiction. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue on the grounds of improper venue, inconvenient forum, or any other basis.

Our services are intended for users located within the United States. We make no representation that our website or services are appropriate or available for use in other locations. Access to our services from territories where such access is illegal is prohibited.

These Terms shall be interpreted in accordance with applicable United States federal law, including the Federal Trade Commission Act (FTC Act, 15 U.S.C. § 41 et seq.), which governs unfair or deceptive acts or practices in commerce, and any applicable state consumer protection statutes.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Giordanos by email at [email protected] and provide a written description of the dispute, the relief sought, and your contact information. The parties agree to attempt in good faith to resolve any dispute informally within thirty (30) days of the notice being received.

13.2 Binding Arbitration

If the parties are unable to resolve the dispute through informal negotiation within the thirty (30) day period, any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be finally resolved by binding arbitration administered by a recognized arbitration organization in the United States in accordance with its applicable rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

13.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND GIORDANOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable in a particular case, the arbitration agreement shall be null and void for that case only, and the parties agree to resolve such claims in a court of competent jurisdiction.

13.4 Exceptions

Notwithstanding the arbitration requirement above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.

14. California Consumer Rights

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), California Civil Code § 1798.100 et seq. These rights may include the right to know, the right to delete, the right to opt-out of the sale of personal information, the right to correct inaccurate personal information, and the right to non-discrimination. Please refer to our Privacy Policy for more details about how we collect, use, and protect your personal information, and how to exercise your California privacy rights.

Under California Civil Code § 1789.3, California users are entitled to the following consumer rights notice: If you have a complaint about our services, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

15. Term and Termination

These Terms of Service are effective as of the date you first access or use our website and shall remain in full force and effect for as long as you continue to access or use our services, unless terminated earlier in accordance with these Terms.

15.1 Termination by You

You may terminate your relationship with us at any time by discontinuing use of our website and services. If you have a registered account, you may request account deletion by contacting us at [email protected].

15.2 Termination by Us

We reserve the right, in our sole discretion, to suspend or terminate your access to our website and services, with or without notice and without liability to you, if:

• You violate any provision of these Terms;
• We reasonably believe your use of our services poses a risk to us, other users, or third parties;
• You engage in any fraudulent, abusive, or illegal activity;
• We are required to do so by law or regulatory authority;
• We decide to discontinue or substantially modify our services.

15.3 Effect of Termination

Upon termination of these Terms or your access to our services, your right to use our website shall immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

16. Changes to Terms of Service

Giordanos reserves the right to modify, update, or revise these Terms of Service at any time in our sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page. We may also provide notice of material changes through our website, via email to the address associated with your account, or through other reasonable means.

Your continued use of our website or services following the posting of revised Terms constitutes your acceptance of and agreement to the updated Terms. We encourage you to review this page periodically to stay informed of any changes. If you do not agree to the revised Terms, you must immediately stop using our website and services.

We will not be liable for any failure or delay in updating these Terms, and it is your responsibility to check for any modifications. If you have questions about changes to our Terms, please contact us at [email protected].

17. Electronic Communications

By using our website, registering an account, or submitting an order, you consent to receiving electronic communications from us, including emails, account notifications, and order confirmations. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have opted in to receive marketing communications, you may opt out at any time by following the unsubscribe instructions included in any marketing email or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional and administrative emails related to your account or orders.

18. Force Majeure

Giordanos shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or regulations, fires, floods, earthquakes, labor disputes, utility failures, internet service disruptions, supply chain interruptions, or any other event of force majeure. In such circumstances, our obligations shall be suspended for the duration of the force majeure event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

19. Severability

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

The parties agree to replace any invalid or unenforceable provision with a valid and enforceable provision that achieves, to the greatest extent possible, the original intent and economic effect of the provision being replaced.

20. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Giordanos with respect to the subject matter hereof and supersede all prior or contemporaneous agreements, understandings, negotiations, representations, and warranties, whether written or oral, relating to such subject matter.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default of the same or similar nature. Any waiver must be in writing and signed by an authorized representative of Giordanos to be effective.

21. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Giordanos. Any purported assignment in violation of this provision shall be null and void. Giordanos may freely assign or transfer its rights and obligations under these Terms, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or operation of law. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns.

22. Headings and Interpretation

The section headings used in these Terms are for convenience of reference only and shall not affect the interpretation of these Terms. As used herein, the singular shall include the plural and vice versa, and any gender shall include all genders. The word "including" means "including without limitation." These Terms shall be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted.

23. Contact Information

If you have any questions, concerns, complaints, or comments about these Terms of Service or our services, please do not hesitate to contact us using the information provided below. We are committed to addressing your inquiries promptly and professionally.