Terms of Service

Please read these Terms of Service carefully before using the website located at cafegiordanos.click or any services offered by Giordanos. By accessing or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use our website or services.

1. Acceptance of Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "Customer," "you," or "your") and Giordanos ("Company," "we," "us," or "our"), governing your access to and use of the website cafegiordanos.click (the "Site"), as well as all related content, features, functionality, and services offered through the Site or in connection with our food service operations (collectively, the "Services").

By accessing the Site, placing an order, creating an account, subscribing to any newsletter or promotional communications, or otherwise engaging with our Services, you affirm that:

• You are at least eighteen (18) years of age or the age of majority in your state or jurisdiction of residence;
• You have the legal capacity to enter into a binding contract;
• You have read, understood, and agree to be bound by these Terms;
• You agree to comply with all applicable local, state, and federal laws and regulations of the United States.

If you are using our Services on behalf of a business entity or organization, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" shall include both you personally and such entity.

Your continued use of the Site following the posting of any modifications to these Terms will constitute your acknowledgment of the changes and your consent to abide by and be bound by the modified Terms.

2. Description of Services

Giordanos is a food service establishment operating within the United States. Through our website and associated platforms, we offer a range of services including but not limited to:

• Online Menu Browsing: Users may view our current food and beverage menu offerings, including descriptions, pricing, nutritional information (where available), and seasonal specials.
• Online Ordering: Users may place orders for food and beverages for pickup, dine-in reservation, or delivery (where available), subject to availability, location, and applicable fees.
• Reservations: Users may request table reservations through the Site, subject to availability and confirmation by our staff.
• Catering Inquiries: Users may submit requests for catering services for events, corporate functions, or private gatherings.
• Promotional Communications: With your consent, we may provide newsletters, promotional offers, coupons, loyalty program updates, and marketing communications.
• Customer Support: We offer customer support for questions, complaints, or feedback relating to our food and services.
• Gift Cards and Vouchers: Where available, users may purchase or redeem gift cards and promotional vouchers through the Site.

We reserve the right, at our sole discretion, to modify, suspend, discontinue, or restrict access to any part of our Services at any time without prior notice or liability to you. We do not warrant that the Services will be available at all times or that any specific item, feature, or function will remain available indefinitely.

Menu items, prices, availability, and promotional offers are subject to change without notice. Images and descriptions of food items on our Site are for illustrative purposes only and may not exactly represent the final product served or delivered.

3. User Obligations and Prohibited Activities

3.1 User Obligations

As a condition of your use of the Site and Services, you agree to:

• Provide accurate, current, and complete information when creating an account, placing an order, or making a reservation;
• Maintain the security of your account credentials and promptly notify us of any unauthorized use of your account;
• Comply with all applicable federal, state, and local laws, regulations, and ordinances;
• Use the Services only for lawful, personal, non-commercial purposes unless expressly authorized by us in writing;
• Respect the intellectual property rights of Giordanos and third parties;
• Treat our staff, employees, and other users with respect and dignity in all communications.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

Violation of any prohibited activity may result in immediate termination of your access to the Services, reporting to appropriate law enforcement authorities, and civil or criminal liability.

4. Intellectual Property Rights

All content, materials, and elements available on or through the Site, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, software, and the overall design and compilation of the Site ("Content"), are the exclusive property of Giordanos or its licensors and are protected by applicable United States and international intellectual property laws, including copyright, trademark, trade dress, and patent laws.

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

4.1 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 Site solely for your personal, non-commercial use to browse our menu, place orders, and use our Services as intended. This license does not include the right to:

• Reproduce, distribute, publicly display, or perform any Content;
• Modify, adapt, translate, or create derivative works based on the Content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Remove any copyright, trademark, or other proprietary notices from the Content;
• Frame or mirror any part of the Site without our written consent.

4.2 User-Submitted Content

If you submit, post, or otherwise provide any content to us, including reviews, feedback, suggestions, photographs, or comments ("User Content"), you grant Giordanos a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in any media format or channel for any purpose, including marketing and promotional purposes, without compensation to you.

You represent and warrant that you own or have the necessary rights to grant the above license for any User Content you submit, and that such content does not infringe any third party's intellectual property, privacy, or other rights.

5. Payment Terms

When you place an order or make a purchase through our Site, the following payment terms apply:

5.1 Pricing and Fees

All prices displayed on the Site are in United States Dollars (USD) and are subject to change without notice. Prices displayed do not include applicable state and local sales taxes, service fees, delivery fees, or gratuities, which will be calculated and displayed at checkout prior to finalizing your order.

5.2 Accepted Payment Methods

We accept major credit cards (Visa, MasterCard, American Express, Discover), debit cards, and other payment methods as specified on the Site at the time of checkout. All transactions are processed through secure, third-party payment processors in compliance with Payment Card Industry Data Security Standards (PCI DSS).

5.3 Authorization and Billing

By submitting payment information, you authorize Giordanos and its designated payment processors to charge the applicable amount to your selected payment method. You represent that you are the authorized account holder for the payment method provided. In cases of suspected fraud or unauthorized transactions, we reserve the right to cancel orders and report such activity to relevant authorities.

5.4 Refunds and Cancellations

Refund and cancellation policies vary depending on the type of service:

• Online Orders: Orders may be cancelled within a limited window after placement. Once food preparation has begun, cancellations may not be accepted. Refunds for quality issues will be evaluated on a case-by-case basis.
• Catering Services: Catering deposits may be non-refundable. Specific cancellation timelines and refund eligibility will be outlined in any separate catering agreement.
• Gift Cards: Gift card purchases are generally non-refundable and not redeemable for cash except where required by applicable law.

To request a refund or report a concern, please contact us at [email protected].

5.5 Chargebacks

If you initiate a chargeback with your financial institution without first contacting us in good faith to resolve the matter, we reserve the right to dispute the chargeback, suspend your account, and seek recovery of any amounts owed together with applicable fees and costs.

6. Disclaimers and "As-Is" Basis

THE SITE AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED BY GIORDANOS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT 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 SITE WILL BE AVAILABLE, UNINTERRUPTED, SECURE, OR ERROR-FREE;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, MENU INFORMATION, NUTRITIONAL DATA, OR PRICING DISPLAYED ON THE SITE;
• WARRANTIES THAT ANY DEFECTS OR ERRORS ON THE SITE WILL BE CORRECTED;
• WARRANTIES THAT THE SITE OR SERVERS ARE FREE OF VIRUSES OR HARMFUL COMPONENTS.

Giordanos does not warrant that any food item will meet your specific dietary requirements, allergy restrictions, or personal preferences. It is your responsibility to review ingredient and allergen information and consult with our staff before ordering if you have food allergies, intolerances, or specific dietary needs. Menu items may contain allergens including but not limited to gluten, dairy, nuts, shellfish, eggs, soy, and wheat. Cross-contamination may occur in our kitchen facilities.

Any reliance you place on information provided through the Site is strictly at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE UNITED STATES LAW, INCLUDING THE LAWS OF THE STATE IN WHICH GIORDANOS OPERATES, IN NO EVENT SHALL GIORDANOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES;
• PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICES;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION;
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
• BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE BY THIRD PARTIES;
• ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION PROVIDED ON THE SITE;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF GIORDANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GIORDANOS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE 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 UNITED STATES DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

8. Indemnification

You agree to defend, indemnify, and hold harmless Giordanos, its parent company, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, licensors, service providers, and successors (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your use of or access to the Site or Services;
• Your violation of any provision of these Terms;
• Your violation of any applicable federal, state, or local law or regulation;
• Your violation of any third-party rights, including but not limited to intellectual property rights, privacy rights, or contractual rights;
• Any User Content you submit, post, or transmit through the Site;
• Any fraudulent, negligent, or intentional wrongful conduct by you;
• Any dispute between you and a third party, including delivery partners or payment processors.

We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with us in the defense of any such claims. You shall not settle any claim that imposes any obligation, restriction, or liability on us without our prior written consent.

9. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which Giordanos is registered and primarily operates, without regard to its conflict of law provisions or your state or country of residence.

Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be brought exclusively in the federal or state courts of competent jurisdiction located within the applicable state where Giordanos operates, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Federal consumer protection laws, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.), apply to your use of our Services. If you are a California resident, your rights may also be governed by the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), as well as other applicable California state laws.

You agree that any cause of action arising out of or related to our Services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred, to the extent permitted by applicable law.

10. Dispute Resolution

10.1 Informal Resolution

We encourage you to contact us first before initiating any formal dispute resolution proceedings. If you have a concern, complaint, or dispute, please contact us at [email protected] and provide a detailed description of your issue. We will make a good-faith effort to resolve your concern within thirty (30) days of receipt.

10.2 Binding Arbitration

IF INFORMAL RESOLUTION IS UNSUCCESSFUL, YOU AND GIORDANOS AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO THE USE OF THE SERVICES, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT AS SET FORTH IN SECTION 10.4 BELOW.

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, which are incorporated herein by reference. The arbitration shall be conducted in English, in the state where Giordanos operates, unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

10.3 Class Action Waiver

YOU AND GIORDANOS AGREE THAT EACH PARTY 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

10.4 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, confidential information, or other proprietary rights. Small claims court actions, where eligible, are also exempt from mandatory arbitration.

10.5 Arbitration Fees

The payment of arbitration filing fees, administrative fees, and arbitrator fees shall be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds the arbitration was frivolous or brought in bad faith, the arbitrator may award attorneys' fees and costs against the initiating party.

11. Term and Termination

11.1 Term

These Terms shall remain in full force and effect for as long as you access or use the Site or Services, or until terminated in accordance with this section.

11.2 Termination by You

You may terminate your use of the Services and any account you have created at any time by ceasing to use the Site and, if applicable, by contacting us to request account deletion at [email protected].

11.3 Termination by Giordanos

We reserve the right, at our sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your access to the Site and Services for any reason, including but not limited to:

• Violation of any provision of these Terms;
• Engaging in fraudulent, abusive, or unlawful conduct;
• Failure to pay amounts due;
• Requests from law enforcement or regulatory authorities;
• Technical or security concerns;
• Extended periods of account inactivity.

11.4 Effect of Termination

Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, intellectual property rights, warranty disclaimers, limitations of liability, indemnification obligations, and dispute resolution provisions.

12. Changes to Terms

Giordanos reserves the right to modify, update, or replace these Terms of Service at any time in its sole discretion. When we make changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through a prominent notice on the Site.

Changes to these Terms will become effective immediately upon posting to the Site unless we specify a different effective date. Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue your use of the Site and Services immediately.

We encourage you to review these Terms periodically to stay informed about our policies. Material changes that significantly affect your rights will be communicated with at least thirty (30) days' notice where reasonably practicable.

13. Third-Party Links and Services

The Site may contain links to third-party websites, services, delivery platforms, payment processors, social media platforms, or other external resources that are not owned or controlled by Giordanos. These links are provided solely for your convenience and informational purposes. Giordanos does not endorse, sponsor, or assume any responsibility for the content, privacy policies, practices, or availability of any third-party websites or services.

When you leave our Site and access third-party services, you do so at your own risk and subject to the terms and conditions and privacy policies of those third parties. We strongly encourage you to review the terms and privacy policies of any third-party service you access.

Giordanos shall not be liable for any loss or damage incurred as a result of your use of or reliance on any third-party content, goods, or services available on or through any linked site.

14. Food Safety and Allergen Notice

Giordanos is committed to food safety and quality in accordance with all applicable federal, state, and local food safety regulations, including the U.S. Food Safety Modernization Act (FSMA) and applicable regulations of the Food and Drug Administration (FDA) and United States Department of Agriculture (USDA).

Menu descriptions, ingredient lists, and nutritional information provided on the Site are intended as general guidance only. Specific product formulations may vary, and Giordanos makes no warranties regarding the accuracy or completeness of nutritional or allergen information. You assume full responsibility for ordering in accordance with your personal health needs and dietary requirements.

15. Privacy Policy

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

If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including the right to know, delete, correct, and opt out of the sale or sharing of your personal information. Please review our Privacy Policy or contact us for more information about exercising your California privacy rights.

16. Accessibility

Giordanos is committed to ensuring that our digital services are accessible to all users, including those with disabilities, in accordance with the Americans with Disabilities Act (ADA) and applicable Web Content Accessibility Guidelines (WCAG). If you experience any difficulty accessing our Site or Services, please contact us at [email protected] and we will make reasonable efforts to provide the information or assistance you need in an accessible format.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, unenforceable, or in conflict with applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, it shall be severed from these Terms. The remaining provisions of these Terms shall continue in full force and effect and shall not be affected by the invalidity, illegality, or unenforceability of any single provision.

The failure of Giordanos to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver by Giordanos of any breach or default shall be deemed a waiver of any subsequent breach or default. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Giordanos.

18. Entire Agreement

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

These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship between you and Giordanos. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms without restriction.

19. Force Majeure

Giordanos shall not be liable for any delay or failure to perform its obligations under these Terms where such failure is caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, war, terrorism, strikes, labor disputes, utility failures, supply chain disruptions, or other events of force majeure. In the event of such circumstances, we will use reasonable efforts to resume normal operations as quickly as possible.

20. Contact Information

If you have any questions, concerns, complaints, or requests regarding these Terms of Service, or if you need to exercise any legal rights afforded to you under applicable law, please do not hesitate to contact us using the following information:

We will make every effort to respond to all inquiries within five (5) business days. For urgent matters related to food safety, please contact your local health authority in addition to reaching out to us.