Terms and Conditions - REGO Restaurant Group

TERMS OF USE STATEMENT

Last updated: May, 2022

Please read this Terms of Use Statement (“Terms”) carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular, in plural or in possessive.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to REGO Restaurant Group, 4700 S. Syracuse St., Suite 225, Denver, CO 80237.

Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of Our Service.

Other Websites or Services means websites or services of third-parties, including but not limited to those of our brands or our Affiliates’ brands which may be accessed through links available on our Service.

Promotions refer to contests, sweepstakes, rewards programs or other promotions offered through the Service.

Service refers to the Website, and other online programs that post a link to these Terms.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

Website refers to the REGO Restaurant Group Website, accessible from https://www.regorestaurants.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You affirm that you are able and legally competent to accept and agree to be bound by these Terms and Conditions and Our Privacy Policy. If You disagree with any part of these Terms and Conditions or Our Privacy Policy then You may not access the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce contrat e tous les documents qui s’y rapportent soient rédigés en anglais.

Age Requirements

The Service is not directed to children under the age of thirteen. You must be at least thirteen years old to use the Service. If You are between the ages of thirteen and eighteen or older, but under the age of majority in Your state or province of residence, please ensure that You use the Service with the permission of a parent or guardian who agrees to be bound by these Terms and Our Privacy Policy.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as Our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Electronic Communications

When you use the Service or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Service. 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. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other intellectual property laws of both the United States, Canada and other countries. Although we make the Service freely accessible, we reserve all rights to the materials appearing on the Service and no rights are transferred to You when You use the Service.

Our trademarks and trade dress (and the trademarks and trade dress of our great brands) may not be used in connection with any product or service without the prior written consent of the Company.

You may download, save, and print a personal, non-commercial copy, provided You do not incorporate the content into another website or service or alter any copyright, trademark or proprietary notices. The materials on the Service may not be used for any other purpose without prior written consent of the Company.

Responsible Use of Service

You may use the Service for lawful purposes and in accordance with these Terms. You may not use the Service to: (i) upload or otherwise transmit any communication or material that contains a virus or is otherwise harmful to Our systems or Our users’ computers, devices or systems; (ii) harm Us or anyone else, interfere with the Service or violate any law; (iii) mislead, make misrepresentations or impersonate others; (iv) harvest, scrape or spider content; (v) collect information about other users without their express consent; (vi) collect, store, transmit or solicit personal information of any person; (vii) obtain unauthorized access to other computer systems, materials or information available through or on the Service.

You may not: (i) attempt to test the vulnerability or breach the security of the Service; (ii) circumvent, reverse engineer, decipher, decompile, disassemble, or decrypt any software that is part of the Service, or use any tools for compromising security.

When You Contact Us or provide any information in connection with the Service, You agree to provide accurate, current, and complete information. The Company shall not be liable for any loss or damage arising from your failure to comply with these Terms.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by the Company and to third-party websites or services of our brands and our Affiliates’ brands (collectively, “Other Websites or Services”).

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of Other Websites or Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Other Websites or Services.

We strongly advise You to read the terms and conditions and privacy policies of any Other Websites or Services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. Otherwise applicable Terms shall survive termination. We reserve the right to seek all remedies at law or in equity for a breach of these Terms.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or $100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states and provinces, which may include the Province of Quebec, may not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states and provinces, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

RESTAURANT BRANDS FEATURED OR DESCRIBED THROUGH THE SERVICE ARE INDEPENDENTLY OWNED AND OPERATED BY FRANCHISE OWNERS THAT OPERATE THE RESTAURANTS PURSUANT TO FRANCHISE AGREEMENTS BETWEEN THE FRANCHISE OWNERS AND OUR AFFILIATES AND ARE NOT AFFILIATES OF REGO RESTAURANT GROUP. REGO RESTAURANT GROUP AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY ACT OR OMISSION OF ANY FRANCHISE OWNER AND NO FRANCHISE OWNER MAY INCUR LIABILITIES OR OBLIGATIONS ON BEHALF OF REGO RESTAURANT GROUP OR ITS AFFILIATES.

Some jurisdictions, which may include the Province of Quebec, may not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of Colorado and United States, excluding their conflicts of law rules, shall govern these Terms and Your use of the Service. Except where prohibited by applicable law, which may include the Province of Quebec, You waive any claims that may arise under the laws of other states, provinces and countries.

Disputes Resolution

Except where prohibited by applicable law, which may include the Province of Quebec, if You have any concern or dispute about the Service, these Terms or Our Privacy Policy, You agree to first try to resolve the dispute informally by contacting the Company. If You and the Company cannot mutually resolve the dispute, then, except where prohibited by applicable law, which may include the Province of Quebec, by using the Service, You agree to confidential, binding arbitration of the dispute in accordance with the Consumer Arbitration Rules of the American Arbitration Association, before a neutral arbitrator, whose decision will be final. To the maximum extent permitted by applicable law, any claim by You is barred unless You provide the Company with written notice of the claim within one year of the occurrence of the facts giving rise to the claim.

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY DISPUTE RESOLUTION PROCEEDINGS OR ACTIONS WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NO CLAIMS MAY BE BROUGHT OR HEARD ON A JOINT, COMBINED, CONSOLIDATED OR CLASS ACTION BASIS WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES.

Except where prohibited by applicable law, which may include the Province of Quebec, If a dispute cannot be resolved through mutual agreement or arbitration, the parties agree to submit to the jurisdiction of state courts in Denver County, Colorado and/or federal courts in the District of Colorado. The Company may seek interim or preliminary relief from any court to protect it’s rights before and while arbitration is pending.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country of Your residence.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

For California Users

California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210.

International Users

The Service is controlled, operated, and administered by Company from offices within the United States. We make no representations regarding the use of the Service outside of the United States and Canada. You may not use the Service or export any portion of it in violation of United States or Canadian export laws or regulations. If you access the Service from locations outside of the United States or Canada, you are responsible for compliance with all local laws.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms may have been translated if We have made them available to You on Our Service.

You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.

If You have any questions about these Terms and Conditions, You can contact Us:

By email: legal@regorestaurants.com