These Terms of Service ("Terms") govern your access to and use of the website www.chubbycharlies.com ("Website") provided by Chubby Charlie's Enterprises, Inc. ("Company"). Please read these Terms carefully before using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use the Website.
1.Acceptance of Terms By accessing or using the Website, you represent that you have read, understood, and agree to be bound by these Terms. If you are using the Website on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.Website Access and Use
2.1 License: Subject to these Terms, the Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for personal, non-commercial purposes.
2.2 Restrictions: You agree not to:
a) Use the Website for any illegal or unauthorized purpose.
b) Interfere with or disrupt the integrity or performance of the Website or its related systems.
c) Modify, adapt, translate, or create derivative works based on the Website.
d) Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Website. e) Use any automated means, including spiders, robots, or data mining tools, to access, scrape, or crawl the Website, unless expressly permitted by the Company.
2.3 Account Creation: Some features of the Website may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.4 Franchise Owners: Franchise Owners refers to the persons or entities who independently own and operate Chubby Charlie's restaurants. Franchise Owners may have additional obligations and responsibilities governed by separate franchise agreements with the Company. Nothing in these Terms shall modify or supersede the rights and obligations of Franchise Owners under their respective franchise agreements.
3.Intellectual Property Rights The Website, including all text, graphics, logos, images, software, and other content, is owned by the Company or its licensors and is protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works of any portion of the Website without the Company's prior written consent.
4.Third-Party Content and Links The Website may contain links to third-party websites or resources that are not owned or controlled by the Company. The Company does not endorse or assume any responsibility for any such third-party content or websites. You acknowledge and agree that the Company shall not be liable for any damages or losses caused by your use of such third-party websites or resources.
5.Disclaimer of Warranties The Website is provided on an "as is" and "as available" basis, without any warranties of any kind. The Company does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. You use the Website at your own risk.
6.Limitation of Liability To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
a) Your access to or use of or inability to access or use the Website.
b) Any conduct or content of any third party on the Website.
c) Any unauthorized access, use, or alteration of your transmissions or content.
d) Any bugs, viruses, or other harmful code that may be transmitted to or through the Website.
7.Modification and Termination The Company may modify or terminate the Website, or suspend your access to the Website, at any time without prior notice. The Company reserves the right to update or modify these Terms at any time. Continued use of the Website after any such changes shall constitute your consent to such changes.
8.Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of THE STATE OF MICHIGAN. Any disputes arising out of or relating to these Terms or the use of the Website shall be subject to the exclusive jurisdiction of the courts located in OAKLAND COUNTY, MICHIGAN.
9.Severability If any provision of these Terms is held to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.
10.Entire Agreement These Terms constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous agreements, proposals, or representations, whether oral or written.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
Effective Date: June 18, 2023
Last updated: 6/19/2023