Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website tastygiordanos.click (the "Website") or any services provided by Giordano's ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or engaging with any of our services, you ("User," "Customer," or "you") agree to be legally bound by these Terms. 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 accessing, browsing, or using this Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, together with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Giordano's.

You represent and warrant that you are at least eighteen (18) years of age, or if you are between thirteen (13) and seventeen (17) years of age, you are using the Website under the direct supervision of a parent or legal guardian who has agreed to these Terms on your behalf. You further represent that you have the legal capacity and authority to enter into this agreement under the laws of the United States and the state in which you reside.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically.

2. Description of Services

Giordano's operates as a food service business offering customers the ability to browse our menu, place food orders online, schedule deliveries or pick-up orders, and access promotional content and information about our food products and services through the Website located at tastygiordanos.click.

Our services include, but are not limited to:

• Online ordering of food and beverage items for delivery or in-store/curbside pick-up
• Display of menu items, pricing, nutritional information, and promotional offers
• Customer account creation and management
• Processing of online payments for orders
• Communication of order confirmations, updates, and customer support
• Participation in loyalty programs, promotions, and special offers (where available)
• Provision of information about ingredients, allergens, and dietary considerations to the best of our ability

We reserve the right to modify, suspend, or discontinue any aspect of the Website or 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.

Availability of menu items may vary by location and time. Images of food items displayed on the Website are for illustrative purposes only and may not represent the exact appearance of the final product served or delivered.

3. User Obligations and Prohibited Activities

3.1 User Obligations

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

• Provide accurate, current, and complete information when creating an account or placing an order
• Maintain and promptly update your account information to keep it accurate and complete
• Maintain the confidentiality of your account credentials and accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account or any other breach of security
• Use the Website and services only for lawful purposes and in accordance with these Terms
• Comply with all applicable federal, state, and local laws and regulations in connection with your use of the Website
• Treat our staff, representatives, and other users with respect and courtesy in all interactions

3.2 Prohibited Activities

You agree that you will not, under any circumstances:

• Use the Website for any unlawful purpose or in violation of any applicable federal, state, or local law or regulation
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity
• Transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of solicitation
• Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to the Website
• Use any robot, spider, scraper, crawler, or other automated means to access the Website for any purpose without our express written permission
• Introduce any viruses, Trojan horses, worms, logic bombs, or other harmful or malicious material to the Website
• Engage in any conduct that restricts or inhibits any other user from using or enjoying the Website
• Use the Website to collect or harvest personal information about other users
• Place fraudulent, false, or fictitious orders with the intent to deceive or defraud the Company
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code of the Website
• Circumvent, disable, or otherwise interfere with security-related features of the Website
• Use the Website in any manner that could damage, disable, overburden, or impair our servers or networks
• Post or transmit any content that is defamatory, obscene, offensive, harassing, or otherwise objectionable
• Engage in any price manipulation, coupon fraud, or abuse of promotional offers

Violation of any of the above prohibited activities may result in immediate termination of your access to the Website and services, and may subject 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 the Federal Trade Commission Act (15 U.S.C. § 41 et seq.).

4. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, software, and the overall design and layout of the Website — are owned by Giordano's, its licensors, or other providers of such material, and are protected by United States and international intellectual property laws, including copyright, trademark, patent, trade secret, and other proprietary rights laws.

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

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its content solely for your personal, non-commercial use in connection with ordering food and using our services. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website
• Modify or create derivative works based upon the Website or its content
• Use data mining, robots, or similar data gathering and extraction tools
• Frame or mirror any part of the Website without our express written consent
• Download or copy account information for the benefit of any other party

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other applicable laws. If you believe that any content on our Website infringes your intellectual property rights, please contact us at [email protected] with detailed information about the alleged infringement.

5. Payment Terms

5.1 Pricing and Payment

All prices displayed on the Website are in United States Dollars (USD) and are subject to change without prior notice. Applicable taxes, delivery fees, service charges, and any other fees will be disclosed to you at checkout before you complete your purchase.

We accept various forms of payment, which may include major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other electronic payment methods as displayed on the Website at the time of your order. By providing payment information, you represent and warrant that you are authorized to use the designated payment method.

All payment transactions are processed through secure, third-party payment processors. We do not store your full credit card or debit card information on our servers. By using our online payment system, you agree to the terms and conditions of the applicable payment processor.

5.2 Order Confirmation and Accuracy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason at any time after receipt of your order. If we cancel your order after your payment has been processed, we will issue a full refund to the original payment method used.

In the event of a pricing error on our Website, we reserve the right to cancel orders placed at the incorrect price and will notify you promptly. We strive to provide accurate menu pricing but are not responsible for typographical errors.

5.3 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 incorrect or missing items, or if the food quality does not meet reasonable expectations — please contact us within a reasonable time of receiving your order at [email protected]. We will review each complaint on a case-by-case basis and may offer a refund, credit, or replacement at our sole discretion.

Cancellation requests must be made before the preparation of your order has begun. Once preparation has started, we may not be able to process a cancellation or refund.

5.4 Promotional Offers and Discounts

Promotional codes, coupons, and discount offers are subject to specific terms and conditions and may not be combined with other offers unless expressly stated. We reserve the right to modify or withdraw any promotional offer at any time without prior notice. Fraudulent use of promotional codes will result in the cancellation of your order and possible termination of your account.

6. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIORDANO'S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of, or inability to use, the Website or our services
• Any errors, omissions, or inaccuracies in the content of the Website
• Any unauthorized access to or alteration of your transmissions or data
• Any food product purchased through the Website, including any allergic reactions or adverse health effects
• Any interruption or cessation of transmission to or from the Website
• Any bugs, viruses, Trojan horses, or other harmful components transmitted through the Website by any third party
• Any conduct or content of any third party on the Website

IN NO EVENT SHALL OUR TOTAL AGGREGATE 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 GIORDANO'S IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth above are fundamental elements of the basis of the bargain between you and Giordano's. Some states do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

7. Disclaimers

7.1 "As-Is" Basis

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIORDANO'S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Website will be available, uninterrupted, timely, secure, or error-free at all times
• The results obtained from the use of the Website will be accurate, reliable, or complete
• The quality of any products, services, information, or other material obtained through the Website will meet your expectations
• Any errors in the Website will be corrected

7.2 Food and Allergen Disclaimer

While we make reasonable efforts to provide accurate nutritional and allergen information, we cannot guarantee that all information is complete or up-to-date. Our food products are prepared in facilities that may process or come into contact with common allergens, including but not limited to gluten, dairy, eggs, nuts, soy, shellfish, and fish. If you have a food allergy or dietary restriction, you should contact us directly before placing an order and exercise caution. Giordano's shall not be held liable for any adverse reactions, including allergic reactions, resulting from undisclosed or unknown allergens in our food products.

7.3 Third-Party Links

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

8. Indemnification

You agree to defend, indemnify, and hold harmless Giordano's, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any 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 in any manner not expressly authorized by these Terms
• Your violation of any applicable federal, state, or local law or regulation
• Your infringement of any intellectual property or other rights of any third party
• Any content you submit, post, or transmit through the Website
• Any misrepresentation made by you in connection with your use of the Website or services
• Your negligent or willful misconduct

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

9. Governing Law and Jurisdiction

These Terms of Service and any disputes arising out of or related to them or the use of the Website shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which Giordano's operates its principal place of business, without regard to conflict of law principles.

To the extent any dispute is not subject to arbitration as provided in Section 10 below, you consent to the exclusive personal jurisdiction of the state and federal courts located in the United States for the resolution of any such disputes. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

Our services are intended for use within the United States. We make no representation that the Website or its content is appropriate or available for use in locations outside the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

These Terms are subject to and compliant with the Federal Trade Commission Act (15 U.S.C. § 41 et seq.), applicable U.S. consumer protection regulations, and food safety regulations enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), as applicable to our food service operations.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us and attempt to resolve any dispute informally by sending a written notice to [email protected] describing the nature of the dispute and the relief sought. We will attempt to resolve the dispute informally within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally within that time, either party may proceed to formal dispute resolution.

10.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes that qualify for small claims court, all disputes, controversies, or claims arising out of or relating to these Terms, your use of the Website, or any products or services provided by Giordano's shall be resolved through binding individual arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in the English language.

The arbitration shall take place in the United States, at a location to be determined by the AAA. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator shall not have the authority to award punitive damages, nor shall the arbitrator consolidate more than one person's claims or preside over any form of class or representative proceeding.

10.3 Class Action Waiver

YOU AND GIORDANO'S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Giordano's agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

10.4 Small Claims Court

Notwithstanding the above, either party may bring an individual action in small claims court for disputes or claims within the scope of that court's jurisdiction, provided the matter remains in small claims court and proceeds only on an individual basis.

11. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you use or access the Website or maintain an account with us.

We reserve the right, in our sole discretion, to suspend or terminate your account and/or access to the Website at any time, with or without cause, and with or without notice, effective immediately, for conduct that we believe:

• Violates these Terms of Service or any other agreement between you and Giordano's
• Is harmful to other users, third parties, or our business interests
• Involves fraudulent, deceptive, or illegal activity
• Is otherwise objectionable or inappropriate at our sole discretion

You may also terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account will not affect any rights or obligations that arose prior to termination.

Upon termination of your account or access, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, disclaimers, indemnification, limitations of liability, dispute resolution, and governing law provisions.

12. Changes to Terms

We reserve the right to revise and update these Terms of Service at any time at our sole discretion. All changes are effective immediately upon posting to the Website. We will update the "Last Updated" date at the top of this page whenever changes are made.

We may, but are not obligated to, notify you of material changes to these Terms via email (if you have provided your email address) or through a prominent notice on the Website. However, it is your responsibility to regularly check and review these Terms for any changes.

Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the new Terms, you must stop using the Website immediately. We encourage you to review this page each time you visit our Website to stay informed of any updates.

13. User-Generated Content

To the extent that our Website allows you to submit, post, upload, or otherwise provide reviews, comments, feedback, suggestions, ideas, or other content ("User Content"), you grant Giordano's a non-exclusive, 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 throughout the world in any media.

You represent and warrant that you own or control all rights in and to your User Content, that the User Content is accurate, and that use of your User Content does not violate these Terms, any applicable law, or the rights of any third party. You agree that Giordano's has the right but not the obligation to monitor, edit, or remove any User Content at our sole discretion.

Giordano's is not responsible for the accuracy, completeness, or reliability of any User Content submitted by other users. Any reliance on User Content is at your own risk.

14. Privacy and Data Protection

Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Our Privacy Policy describes how we collect, use, disclose, and protect information about you when you use our Website and services.

By using the Website, you consent to the collection and use of your information as set forth in our Privacy Policy. We comply with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) to the extent applicable, and the Federal Trade Commission's regulations regarding consumer privacy and data security.

15. Electronic Communications

By using our Website and providing your email address or other contact information, you consent to receive electronic communications from Giordano's, including order confirmations, updates, marketing and promotional communications, and other notices. These electronic communications satisfy any legal requirement that such communications be in writing.

If you wish to opt out of marketing communications, you may do so by following the unsubscribe instructions in any marketing email we send you, or by contacting us directly at [email protected]. Please note that even if you opt out of marketing communications, we may still send you transactional communications related to your orders and account.

16. Force Majeure

Giordano's shall not be liable for any delay or failure to perform any obligation under these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions or regulations, labor disputes, power outages, internet service disruptions, supply chain disruptions, or any other event beyond our reasonable control (each, a "Force Majeure Event").

In the event of a Force Majeure Event, we will make reasonable efforts to notify you and to 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 unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the original intent of the parties.

The failure of Giordano's to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Giordano's.

18. Entire Agreement

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

No oral or written information or advice given by Giordano's or its representatives shall create any warranty or otherwise expand the scope of these Terms. If any conflict exists between these Terms and any other agreement you may have with Giordano's, these Terms shall control unless the other agreement specifically refers to and supersedes these Terms.

19. Accessibility

Giordano's is committed to making our Website accessible to all users, including individuals with disabilities. We strive to comply with applicable Web Content Accessibility Guidelines (WCAG) and the Americans with Disabilities Act (ADA) requirements. If you experience difficulty accessing any portion of our Website, please contact us at [email protected] so that we may assist you and work to address any accessibility concerns.

20. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, or if you need to contact us for any reason related to your use of the Website or our services, please reach out to us using the contact information below:

We will make every reasonable effort to respond to your inquiries within a reasonable time. For urgent matters related to active orders, please use the contact methods indicated above.