Terms of Service

Please read these Terms of Service carefully before using the website located at eatgiordanos.click (the "Website") or any services offered by Giordanos ("Company," "we," "us," or "our"). By accessing or using our Website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of the terms and conditions contained herein, you must not access or use this Website.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website located at eatgiordanos.click, placing an order, or engaging with any service we provide, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Giordanos.

You represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction if greater, and that you have the legal capacity to enter into a binding agreement. If you are accessing or using our services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes. If you do not agree to any modified terms, your sole remedy is to discontinue use of the Website and our services.

2. Description of Services

Giordanos operates as a food service business providing customers with access to a range of food-related services, which may include but are not limited to:

• Online ordering of food items for delivery, carryout, or dine-in reservation
• Browsing and viewing menus, pricing, and promotional offers
• Creating and managing user accounts for streamlined ordering
• Receiving updates, newsletters, and promotional communications
• Participating in loyalty programs, rewards, or special promotions (where available)
• Submitting reviews, feedback, and engaging with customer service
• Accessing nutritional information and allergen data for menu items
• Gift card purchases and redemptions (where available)

We reserve the right, at our sole discretion, to modify, suspend, or discontinue any aspect of our services at any time with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services. Menu items, prices, and availability are subject to change without prior notice.

Our food services are subject to applicable federal, state, and local food safety regulations. All food preparation is conducted in compliance with relevant health codes and standards as required by the jurisdiction in which we operate within the United States.

3. User Accounts and Registration

Certain features of our Website may require you to create a user account. When registering for an account, you agree to provide accurate, current, and complete information as prompted by the registration form. You further agree to maintain and promptly update such information to keep it accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately at [email protected] if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

You agree that you will not create more than one account, create an account on behalf of someone else without their permission, or create an account using a false identity or fraudulent information. We reserve the right to terminate accounts, refuse service, remove or edit content, or cancel orders at our sole discretion.

4. User Obligations and Prohibited Activities

By using our Website and services, you agree to use them only for lawful purposes and in a manner consistent with these Terms. You agree NOT to engage in any of the following prohibited activities:

4.1 General Prohibited Conduct

• Violating any applicable federal, state, or local laws, regulations, or ordinances
• Providing false, inaccurate, or misleading information during registration, ordering, or any other interaction with us
• Impersonating any person or entity, or falsely representing your affiliation with any person or entity
• Using the Website or services for any fraudulent, deceptive, or harmful purpose
• Engaging in any conduct that restricts or inhibits any other user's use or enjoyment of the Website
• Harassing, threatening, intimidating, or abusing any employee, contractor, or representative of Giordanos

4.2 Technical Prohibited Conduct

• Attempting to gain unauthorized access to any portion of the Website, its related systems, networks, or servers
• Using automated tools, bots, scrapers, crawlers, or other programs to access or collect data from the Website without our prior written consent
• Introducing viruses, malware, ransomware, or any other malicious code into the Website or its associated systems
• Attempting to probe, scan, or test the vulnerability of our systems or networks
• Interfering with or disrupting the integrity or performance of the Website or any data contained therein
• Using the Website in any manner that could disable, overburden, or damage the Website's servers or networks

4.3 Content-Related Prohibited Conduct

• Posting, uploading, or transmitting any content that is unlawful, defamatory, obscene, pornographic, or otherwise objectionable
• Submitting false or misleading reviews, ratings, or testimonials
• Using our platform to send unsolicited commercial communications (spam)
• Collecting or harvesting personal information from other users without their explicit consent

Any violation of these prohibitions may result in the immediate termination of your access to our services and may expose you to civil and/or criminal liability under applicable law, including but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and applicable state cybercrime statutes.

5. Intellectual Property Rights

All content, materials, and elements of the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design, layout, and appearance of the Website (collectively, "Content"), are the exclusive property of Giordanos or its content suppliers and are protected by United States copyright law, trademark law, trade dress law, and other applicable intellectual property laws and international treaties.

The Giordanos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Giordanos or its affiliates or licensors. You must not use such marks without the prior written permission of Giordanos. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and Content solely for your personal, non-commercial purposes. This license does not include the right to:

• Reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, or otherwise exploit the Content
• Use any data mining, robots, or similar data gathering or extraction methods
• Download or copy any account information for the benefit of another merchant
• Use the Content for any commercial purpose or any public display

5.2 User-Submitted Content

If you submit, post, or otherwise make available any content, reviews, feedback, suggestions, or other materials to us (collectively, "User Content"), you hereby grant Giordanos a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any and all media. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate any third-party rights.

6. Ordering, Payment Terms, and Pricing

6.1 Order Placement

When you place an order through our Website, you represent that you are authorized to use the payment method provided and that the information you supply is true and accurate. All orders are subject to availability and confirmation. We reserve the right to refuse or cancel any order for any reason, including but not limited to product unavailability, errors in pricing or description, or suspected fraudulent activity.

6.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to applicable federal, state, and local taxes. Prices are subject to change at any time without prior notice. Applicable delivery fees, service charges, gratuities, or other fees may be added at checkout and will be clearly disclosed before you complete your order.

6.3 Payment Processing

We accept major credit cards, debit cards, and other payment methods as specified on our Website. By providing payment information, you authorize us to charge the applicable amounts to your chosen payment method. Payment processing is handled through secure third-party payment processors. We do not store complete credit card numbers on our servers. All payment transactions are encrypted using industry-standard Secure Socket Layer (SSL) technology.

6.4 Refunds and Cancellations

Our refund and cancellation policy is as follows: once an order has been confirmed and sent to our kitchen for preparation, cancellations may not be possible. If you experience an issue with your order, please contact us immediately at [email protected]. Refunds, where applicable, will be processed at our sole discretion and in accordance with our refund policy, which is subject to change. Refunds may take up to seven (7) to ten (10) business days to appear on your statement, depending on your financial institution.

6.5 Promotional Offers and Discounts

Any promotional codes, discounts, or special offers are subject to their specific terms and conditions, are non-transferable, and cannot be combined with other offers unless expressly stated. We reserve the right to modify or terminate any promotion at any time without notice.

7. Disclaimers and "As-Is" Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GIORDANOS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Giordanos does not warrant that:

• The Website or its content will be uninterrupted, error-free, or free of viruses or other harmful components
• The information on the Website is accurate, complete, reliable, current, or error-free
• Defects in the Website will be corrected
• Food items will meet specific dietary or nutritional requirements (though we strive to provide accurate allergen and nutritional information)
• Delivery times will be accurate or guaranteed

7.1 Allergen and Nutritional Information Disclaimer

While we make every reasonable effort to provide accurate allergen and nutritional information, we cannot guarantee that our products are entirely free from any particular allergen. Our food is prepared in kitchens that handle a wide variety of ingredients. Customers with severe food allergies or dietary restrictions should exercise caution and contact us directly before placing an order.

7.2 Third-Party Links

Our Website may contain links to third-party websites or services that are not owned or controlled by Giordanos. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites. We strongly advise you to read the terms and conditions and privacy policy of any third-party website you visit.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIORDANOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIORDANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GIORDANOS'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE WEBSITE AND SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GIORDANOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN ITS ENTIRETY. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification

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

• Your violation of these Terms of Service
• Your use of the Website or services, including but not limited to any data or content transmitted or received by you
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or contractual rights
• Your violation of any applicable federal, state, or local law, rule, or regulation
• Any User Content you submit, post, or transmit through the Website
• Any claim that your User Content caused damage to a third party
• Your negligence or willful misconduct

Giordanos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate fully with Giordanos in asserting any available defenses.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable laws of the state in which Giordanos is principally located, without regard to its conflict of law provisions.

To the extent permitted by applicable law, any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the United States, and you hereby irrevocably consent to the personal jurisdiction and venue therein. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Consumer protection matters may also be governed by the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal consumer protection statutes. Nothing in these Terms shall be construed to limit any rights you may have under applicable consumer protection law.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting Giordanos at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute cannot be resolved informally within that period, either party may proceed to formal dispute resolution as described below.

11.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Except for claims that qualify for small claims court and injunctive or equitable relief claims as specified below, any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Website, or the services provided by Giordanos shall be resolved exclusively through final and binding arbitration, rather than in court. The arbitration shall be conducted by a recognized arbitration organization, such as the American Arbitration Association (AAA), under its then-current rules for consumer disputes.

The arbitration shall take place on an individual basis. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. YOU AND GIORDANOS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION.

11.3 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or confidential information, or to address matters that cannot adequately be compensated by monetary damages.

11.4 Small Claims Court

Either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided such action remains in small claims court and proceeds only on an individual (non-class, non-representative) basis.

12. Term and Termination

12.1 Duration

These Terms of Service shall remain in full force and effect while you use the Website or any of our services. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

12.2 Termination by Us

We reserve the right, at our sole discretion, to terminate or suspend your access to all or any part of the Website and services at any time, with or without cause, with or without notice, effective immediately. Reasons for termination may include, but are not limited to:

• Breach of any provision of these Terms
• Requests by law enforcement or other government agencies
• Discontinuation or material modification of the Website or any service
• Unexpected technical or security issues or problems
• Extended periods of inactivity on your account
• Engagement in fraudulent or illegal activities

12.3 Termination by You

You may terminate your account and your use of our services at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not relieve you of any obligations you have incurred prior to termination.

12.4 Effect of Termination

Upon termination, your right to use the Website and services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation the sections regarding intellectual property, disclaimers, indemnification, and limitation of liability.

13. Changes to Terms of Service

Giordanos reserves the right, at its sole discretion, to modify, update, or replace these Terms of Service at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this page and, in certain circumstances, by sending you an email notification to the address associated with your account.

It is your responsibility to review these Terms periodically for any changes. Your continued access to or use of the Website and services after the posting of any changes constitutes your acceptance of those changes. If you do not agree to the modified terms, you must stop using the Website and services immediately.

We will make reasonable efforts to notify registered users of significant changes to these Terms. However, we encourage you to review these Terms each time you use our Website to stay informed of any updates.

14. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information. By using our Website, you consent to the collection and use of information as described in our Privacy Policy.

To the extent applicable, we comply with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) and other applicable federal and state privacy laws. Users who are residents of California may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as described in our Privacy Policy.

15. Accessibility

Giordanos is committed to ensuring that our Website and services are accessible to individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you encounter any accessibility barriers on our Website, please contact us at [email protected] so that we may address your concerns.

16. Force Majeure

Giordanos shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic, war, terrorism, civil unrest, governmental actions or restrictions, labor disputes, power outages, internet service disruptions, supply chain disruptions, or any other event of force majeure. In the event of such circumstances, we will make reasonable efforts to notify you and resume performance as soon as practicable.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, void, or unenforceable for any reason, that provision shall be deemed severed from these Terms. Such invalidity shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect to the maximum extent permitted by law.

Furthermore, if any provision of these Terms is found to be invalid or unenforceable, but could be made valid and enforceable by modification, that provision shall be deemed to have been modified to the minimum extent necessary to make it valid and enforceable. The parties agree that a court or arbitrator making such a determination shall have the authority to modify any invalid provision to give effect to the intent of the parties to the greatest extent possible.

18. Entire Agreement and Waiver

These Terms of Service, together with our Privacy Policy and any other legal notices or additional terms and conditions published by Giordanos on the Website, shall constitute the entire agreement between you and Giordanos concerning the Website and services and supersede all prior agreements, representations, warranties, and understandings with respect to the same.

No waiver by Giordanos of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Giordanos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without the prior written consent of Giordanos. Any attempted assignment in violation of this Section shall be null and void. Giordanos may freely assign or transfer these Terms and its rights and obligations hereunder without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

20. No Third-Party Beneficiaries

These Terms of Service are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

21. Electronic Communications

By using our Website and services, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. 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, to the fullest extent permitted by applicable law.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the following information:

We will make reasonable efforts to respond to all inquiries within five (5) to seven (7) business days. For urgent matters related to food safety or allergic reactions, please contact your local emergency services or poison control center immediately.