Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at newgiordanos.click (the "Website") or any services offered by Giordanos ("Company," "we," "us," or "our"). By accessing or using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must discontinue use of our Website and services immediately.

1. Acceptance of Terms

By visiting, browsing, or using the Website at newgiordanos.click, placing an order, creating an account, or otherwise engaging with any of our services, you enter into a legally binding agreement with Giordanos. This Agreement is effective as of the date you first access the Website or use our services.

You represent and warrant that:

• You are at least eighteen (18) years of age or have the legal capacity to enter into binding contracts under applicable law.
• You have the legal authority to accept these Terms on behalf of yourself or any entity you represent.
• Your use of our Website and services complies with all applicable local, state, and federal laws and regulations of the United States.
• All information you provide to us is accurate, current, and complete.

These Terms apply to all visitors, customers, registered users, and any other individuals who access or use our Website or services in any manner.

2. Description of Services

Giordanos operates as a food service business providing customers with the ability to browse our menu offerings, place food orders online, schedule deliveries or pickups, and engage with our brand through digital platforms. Our services include, but are not limited to:

• Online Ordering: Customers may browse our menu and place orders for food and beverages through our Website.
• Delivery Services: We offer delivery of food orders to eligible addresses within our designated service areas, subject to availability, geographic limitations, and applicable delivery fees.
• Pickup Services: Customers may place orders online for in-store or curbside pickup at participating locations.
• Account Management: Registered users may create and manage personal accounts, view order history, save payment methods, and access promotional offers.
• Promotions and Loyalty Programs: We may offer coupons, discounts, special offers, and loyalty rewards at our discretion, subject to separate terms and conditions.
• Customer Support: We provide customer service assistance related to orders, accounts, and general inquiries.

We reserve the right to modify, expand, discontinue, or limit any aspect of our services at any time and for any reason, with or without notice, to the fullest extent permitted by applicable law. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

Availability of menu items, pricing, delivery zones, and operating hours may vary by location and are subject to change without prior notice. We do not guarantee that any particular menu item will be available at any given time.

3. User Obligations and Prohibited Activities

3.1 General User Obligations

As a condition of your use of our Website and services, you agree to:

• Provide accurate, truthful, and complete information when registering for an account or placing an order.
• Maintain the security and confidentiality of your account credentials, including your username and password.
• Promptly notify us of any unauthorized use of your account or any other security breach.
• Use our Website and services only for lawful purposes consistent with these Terms.
• Comply with all applicable federal, state, and local laws, regulations, and ordinances.
• Respect the intellectual property rights of Giordanos and all third parties.
• Be present and available to receive delivery orders at the designated delivery address and time.

3.2 Prohibited Activities

You expressly agree NOT to engage in any of the following activities:

• Using the Website or services for any unlawful, fraudulent, or deceptive purpose.
• Attempting to gain unauthorized access to any portion of our Website, servers, or systems, or any third-party systems connected to our Website.
• Submitting false, misleading, or fraudulent orders, reviews, or information.
• Engaging in any conduct that could damage, disable, overburden, or impair the functionality of our Website or servers.
• Using automated tools, bots, scrapers, crawlers, or other data extraction methods to access, collect, or copy content from our Website without our express written permission.
• Reverse engineering, decompiling, or disassembling any software or technology used in connection with our Website or services.
• Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of our services, content, or intellectual property without express written authorization.
• Posting, transmitting, or distributing any content that is defamatory, obscene, harassing, threatening, or otherwise objectionable.
• Impersonating Giordanos, its employees, or any other person or entity.
• Circumventing, disabling, or otherwise interfering with any security features or access controls of our Website.
• Using our services to send unsolicited communications (spam) or to collect personal information of other users.
• Engaging in any activity that violates the rights of any third party, including but not limited to privacy rights, intellectual property rights, or contractual rights.
• Placing fraudulent orders, submitting false chargebacks, or engaging in any other form of payment fraud.
• Using our promotional codes, coupons, or loyalty rewards in violation of their respective terms or in any abusive or fraudulent manner.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision. Such action may include terminating your account, reporting to law enforcement authorities, and pursuing all available civil and criminal remedies.

4. Account Registration and Security

You may be required to register for an account to access certain features of our Website or to place orders. When registering, you agree to provide accurate and complete information and to update such information as necessary to keep it accurate and current. You are solely responsible for all activities that occur under your account.

You are responsible for maintaining the confidentiality of your password and account credentials. You must immediately notify Giordanos at [email protected] if you suspect any unauthorized use of your account or any other security breach. Giordanos will not be liable for any loss or damage arising from your failure to comply with these security obligations.

We reserve the right to terminate or suspend any account at our sole discretion, without notice, for any reason, including but not limited to a breach of these Terms.

5. Ordering, Payment, and Pricing

5.1 Order Placement

By placing an order through our Website, you are making an offer to purchase the selected food items at the prices indicated. Your order constitutes a binding contract upon our acceptance, which is typically confirmed by an order confirmation email or on-screen confirmation. We reserve the right to refuse or cancel any order at our sole discretion, including orders that appear to be placed fraudulently or in violation of these Terms.

5.2 Pricing

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices may vary by location and do not include applicable taxes, delivery fees, or service charges unless explicitly stated. We make reasonable efforts to ensure pricing accuracy; however, in the event of a pricing error, we reserve the right to cancel the order and provide a full refund.

5.3 Payment Terms

We accept various forms of payment as indicated on our Website at the time of purchase. By providing payment information, you represent that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order, including applicable taxes and fees.

All payments are processed through secure third-party payment processors. We do not store complete credit card information on our servers. By using our payment services, you also agree to the terms and conditions of our payment processor(s).

5.4 Taxes

You are responsible for paying all applicable taxes, including state and local sales taxes, imposed on your purchases. Applicable taxes will be calculated and displayed at checkout based on your delivery or pickup location and the prevailing tax rates.

5.5 Refunds and Cancellations

Due to the perishable nature of food products, all sales are generally final once an order has been prepared. If you experience an issue with your order, such as receiving the wrong item or a missing item, please contact our customer support team within twenty-four (24) hours of receiving your order. We will review your complaint and, at our sole discretion, may offer a replacement, credit, or refund as appropriate. Delivery fees are generally non-refundable unless the error was caused by Giordanos.

6. Intellectual Property Rights

All content published and made available on our Website is the property of Giordanos or its licensors and is protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and other proprietary rights. This includes, without limitation:

• The Giordanos name, logo, trade name, trademarks, and service marks.
• Website design, layout, graphics, photographs, and images.
• Written content, descriptions, articles, and menu information.
• Software, code, scripts, and technical elements of the Website.
• Audio and video content, if any.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Website solely for personal, non-commercial purposes in accordance with these Terms. This license does not include the right to:

• Reproduce, duplicate, copy, or sell any portion of our intellectual property.
• Use our trademarks, logos, or trade names without prior written consent.
• Create derivative works based on our content.
• Commercially exploit any content from our Website.

Any unauthorized use of our intellectual property is a violation of these Terms and may constitute an infringement of applicable intellectual property laws, for which Giordanos may seek all available legal remedies.

7. Third-Party Links and Services

Our Website may contain links to third-party websites, applications, or services that are not owned or controlled by Giordanos. We have no control over, and assume no responsibility for, the content, privacy policies, practices, or terms of any third-party websites or services. We do not endorse or assume responsibility for any third-party sites, products, or services.

We strongly advise you to review the terms of service and privacy policy of every third-party website or service you visit. Your use of any third-party website or service is at your own risk and subject to the terms and policies of that third party.

8. Disclaimers and "As-Is" Basis

YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT ON THE WEBSITE.
• WARRANTIES THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.
• WARRANTIES REGARDING THE SUITABILITY OF ANY FOOD PRODUCTS FOR ANY PARTICULAR DIETARY NEEDS, ALLERGIES, OR HEALTH CONDITIONS.

Food Allergen Disclaimer: Our food products may contain or come into contact with common allergens, including but not limited to wheat, gluten, dairy, eggs, nuts, soy, shellfish, and other allergens. We cannot guarantee that any menu item is completely free from allergens. Customers with food allergies or dietary restrictions are strongly advised to contact us directly before placing an order and consult with a medical professional as needed. Giordanos shall not be liable for any allergic reactions or adverse health effects arising from consumption of our food products.

No advice or information, whether oral or written, obtained from Giordanos or through our Website shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE FEDERAL AND STATE LAW, INCLUDING THE LAWS OF THE UNITED STATES, GIORDANOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.
• LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES.
• DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE OUR WEBSITE OR SERVICES.
• DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
• DAMAGES ARISING FROM ANY THIRD-PARTY CONDUCT OR CONTENT ON OR THROUGH OUR WEBSITE.
• DAMAGES ARISING FROM ANY FOOD PRODUCTS PURCHASED THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO FOODBORNE ILLNESS, ALLERGIC REACTIONS, OR OTHER HEALTH ISSUES.

IN NO EVENT SHALL GIORDANOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR WEBSITE OR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GIORDANOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless Giordanos, its affiliates, subsidiaries, officers, directors, employees, agents, licensors, suppliers, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

• Your access to or use of our Website or services.
• Your violation of any provision of these Terms.
• Your violation of any applicable law, regulation, or third-party right, including intellectual property rights or privacy rights.
• Any content or information you submit, post, or transmit through our Website.
• Your fraudulent, negligent, or intentionally wrongful conduct.
• Any dispute between you and any third party arising from or related to your use of our services.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate fully with our defense of such claim. You agree not to settle any such matter without the prior written consent of Giordanos.

11. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or your use of our Website and services 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 registered and operates, without regard to its conflict of law principles.

To the extent that any claims are not subject to arbitration as described in Section 12 below, you agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Website shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

Our services are governed by and subject to applicable United States federal laws, including the Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce, and all applicable state consumer protection statutes. If you are a California resident, additional rights may apply to you under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), as further described in our Privacy Policy.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

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

12.2 Binding Arbitration

EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE BREACH THEREOF, OR YOUR USE OF OUR WEBSITE OR SERVICES SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION. The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) then in effect, before a single neutral arbitrator. The arbitration shall be conducted in English and shall take place within the United States.

The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

12.3 Class Action Waiver

YOU AND GIORDANOS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If a court or arbitrator determines that the class action waiver in this section is unenforceable, then the arbitration agreement in this section shall be void and the parties shall resolve their dispute in court as set forth in Section 11.

12.4 Exceptions to Arbitration

Notwithstanding the above, either party may bring claims in small claims court for disputes within the jurisdictional limits of such court, provided that such action remains in that court and is not removed or appealed to a court of general jurisdiction.

13. Term and Termination

These Terms remain in full force and effect for as long as you use our Website or services or maintain an account with us. We reserve the right to terminate or suspend your access to our Website and services, with or without notice and at our sole discretion, for any reason, including but not limited to:

• Violation of any provision of these Terms.
• Engaging in fraudulent, abusive, or unlawful activity.
• Failure to pay for orders or engaging in chargebacks without legitimate cause.
• Extended periods of account inactivity.
• Requests from law enforcement or government authorities.
• Technical, security, or legal reasons necessitating termination.

Upon termination of your account or access:

• Your right to access and use our Website and services will immediately cease.
• Any pending orders may be cancelled at our discretion, and applicable refunds will be processed.
• Any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

You may terminate your account at any time by contacting us at [email protected] with a written request for account deletion. Termination of your account does not relieve you of any obligations incurred prior to termination.

14. Changes to Terms

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by:

• Updating the "Last Updated" date at the top of this page.
• Posting a notice on our Website homepage or through a pop-up notification.
• Sending an email notification to registered users, where feasible and appropriate.

Your continued use of our Website or services after the posting of revised Terms constitutes your acceptance of the changes. We encourage you to review these Terms periodically to stay informed of any updates. If you do not agree to the revised Terms, you must immediately discontinue your use of our Website and services and, if applicable, close your account.

Changes to these Terms will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, except for changes addressing new features or changes made for legal reasons, which may be effective immediately.

15. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under applicable law by a court of competent jurisdiction or an arbitrator, such provision shall be deemed modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provision, and the remaining provisions of these Terms shall continue in full force and effect as if the invalid, illegal, or unenforceable provision had never been included.

No waiver by Giordanos of any breach or default under these Terms shall be deemed a waiver of any subsequent breach or default, and shall not affect any other provisions of these Terms.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by us on our Website, constitute the entire agreement between you and Giordanos with respect to your use of our Website and services. These Terms supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether oral or written, between you and Giordanos relating to the subject matter herein.

No waiver of any provision of these Terms by Giordanos shall be effective unless made in writing and signed by an authorized representative of Giordanos. Our failure to enforce any right or provision under these Terms shall not constitute a waiver of that right or provision.

Any rights not expressly granted herein are reserved by Giordanos.

17. Force Majeure

Giordanos shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes or strikes, civil unrest, war, terrorism, power outages, internet disruptions, supply chain disruptions, or any other event outside our reasonable control ("Force Majeure Event"). During any Force Majeure Event, our obligations shall be suspended for the duration of the event, and we shall not be held liable for any resulting delay, failure, or loss.

18. Electronic Communications and Consent

By using our Website or creating an account, you consent to receive electronic communications from Giordanos, including but not limited to order confirmations, account notifications, promotional offers, and other communications related to your use of our services. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional email communications at any time by following the unsubscribe instructions included in those emails or by contacting us directly. Please note that opting out of promotional communications will not prevent you from receiving transactional communications related to your account or orders.

19. Accessibility

Giordanos is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable accessibility standards and guidelines. If you experience any difficulty accessing our Website or services, please contact us at [email protected] and we will make reasonable efforts to assist you.

20. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, your rights under applicable law, or any aspect of our Website or services, please contact us using the information below: