ACCEPTANCE OF THE TERMS OF USE

These terms of use ("Terms of Use") are entered into by and between you and iniBurger ("iniBurger," "Company," "we," or "us"). The following Terms of Use govern your access to and use of www.iniBurger.com, including any content, functionality, and services offered on or through www.iniBurger.com (the "Website"), whether as a guest or a registered user.

Please read these Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older (unless otherwise specified for particular services or offers) and reside in the United States or any of its territories. By using this Website, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you must not access or use the Website.  By using the Website, you accept and agree to be bound by these Terms of Use.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page periodically for any updates.

ELECTRONIC COMMUNICATIONS

Visiting www.iniBurger.com or sending emails to iniBurger constitutes electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website and any services or materials provided on it at our sole discretion without notice. We will not be liable if any part of the Website is unavailable at any time.

You are responsible for ensuring that all persons accessing the Website through your internet connection are aware of these Terms of Use and comply with them.

To access certain features, you may be required to provide registration details. It is a condition of your use that all information you provide is correct, current, and complete.

You are responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use.

You are expressly prohibited from using any robot, spider, or automated device to "scrape" or "mine" data from the Website, including for the purpose of training artificial intelligence (AI) models.

Before initiating any legal claim or lawsuit regarding digital accessibility, you agree to provide iniBurger with written notice of the specific barrier and allow sixty (60) days for iniBurger to evaluate and remedy the issue.

ACCESSIBILITY AND ALTERNATIVE ACCESS

iniBurger has made reasonable efforts to make this Website accessible in accordance with applicable laws and standards. Please review our Accessibility Statement at https://www.iniburger.com/accessibility. If you experience difficulty using any part of this Website, including placing orders or obtaining information, you may contact us through the Accessibility page or by calling your local iniBurger location.

LINKS TO THIRD-PARTY SITES

The Website may contain links to third-party websites that are not controlled by iniBurger. We are not responsible for the contents of any linked site, including any updates or changes. The inclusion of any link does not imply endorsement by iniBurger of the site or any association with its operators.

INTERNATIONAL USERS

The Website is controlled, operated, and administered by iniBurger from our offices within the USA. If you access the Website from a location outside the USA, you are responsible for compliance with all local laws and regulations.

ARBITRATION AGREEMENT

You agree that all disputes between you and iniBurger (whether or not such dispute involves a third party) arising from these Terms of Use or the website; including, but not limited to, disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, will be resolved by final, binding, individual arbitration under the Rules of Arbitration of the American Arbitration Association applying California law. You and iniBurger hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor iniBurger will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. The arbitration is to be treated as confidential and to be held in Contra Costa County California.  You may opt out of this arbitration agreement by providing written notice to iniBurger within thirty (30) days of your first use of the Website. Opt‑out notices must be sent to iniBurger Franchising LLC, Attn: Legal, 4900 Hopyard Road, Suite 100, Pleasanton, CA 94588.

You agree to seek informal resolution by contacting iniBurger at least sixty (60) days prior to initiating any arbitration proceedings.

You and iniBurger expressly waive trial by jury and the right to participate in a class action.

CLASS ACTION WAIVER

You agree that any claim or action under these Terms of Use will take place on an individual basis and further agree that class/representative/collective actions are not permitted. You may bring claims only in your individual capacity, and not as a plaintiff or class member in any putative class or representative proceeding.

LIMITATION ON LIABILITY

To the fullest extent permitted by law, iniBurger shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, loss of data, or business interruption, arising out of or relating to use of the Website, reliance on Website content, or use of Third‑Party Services.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. iniBurger and/or its suppliers may make improvements and/or changes in the Website at any time. The Website and all content are provided "as is" without warranty or condition of any kind. iniBurger disclaims all warranties and conditions regarding the Website and its content, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, iniBurger and/or its suppliers shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or connected with the use or performance of the Website.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, franchisees, 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 Use or your use of the Website, including, but not limited to, your contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Copyright and Other Intellectual Property Rights. Company Content is protected under the copyright laws of the United States, Canada, and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Services are owned by Company or its third-party licensors to the full extent permitted under the United States Copyright Act, international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way use or exploit any part of the Company Content.

Trade and Service Marks. You acknowledge and agree that all Company logos and marks as well as other proprietary materials depicted in connection with the Services and the Company Content are the property of iniBurger and may not be used commercially without the prior written consent of iniBurger. Marks used in connection with iniBurger® restaurants, including without limitation, iniWings, Gourmet Your Way are owned by iniBurger and may not be used without its written consent.

Notice of Infringement. If you believe in good faith that content you own has been reproduced on the Services in a way that constitutes copyright infringement, please provide us with the following information in writing: an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; your name, address, telephone number, and email address, so that we may contact you if necessary; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

iniBurger Franchising LLC
Attn: Legal (DMCA Copyright Infringement)
4900 Hopyard Road, Suite 100Pleasanton, CA 94588
Email: Support@iniBurger.com

GOVERNING LAW AND JURISDICTION

These Terms of Use and any disputes arising from them shall be governed by the laws of the State of California. Any legal action shall be filed in the state or federal courts located in Contra Costa County California.

LINKS AND THIRD PARTY CONTENT

The Website may integrate or link to third‑party services, including online ordering platforms, delivery services, mapping tools, analytics providers, and payment processors (“Third‑Party Services”). iniBurger does not control and is not responsible for Third‑Party Services, their availability, accuracy, content, or operations. All transactions and disputes involving Third‑Party Services are solely between you and the applicable provider.

USE BY MINORS

If you are under the age of 18, you may only use this Website with the involvement and consent of a parent or legal guardian. Any orders placed by minors must be authorized by a parent or guardian.

ONLINE ORDERS AND PURCHASES

To purchase food products, merchandise, or other items through the Company, you must provide valid payment card and billing information. When you purchase items through the Company, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Company, you represent and warrant to iniBurger that you are capable of entering into a contract under the applicable law.  Pricing, availability, and menu items are subject to change without notice. Refunds, credits, or replacements may be issued at iniBurger’s discretion or as required by applicable law. iniBurger disclaims liability for errors or delays originating from third‑party ordering or delivery platforms.  All sales are final for orders placed for wrong location or if customer changes their mind.

In the event of a typographical or system error where a product is listed at an incorrect price, iniBurger reserves the right to cancel or refuse any orders placed for that product, even if the order has been confirmed.

Menu and nutritional information are provided for convenience only. iniBurger is a high-volume environment; we do not guarantee the total absence of allergens and assume no liability for cross-contamination.

iniBurger is not liable for the safety, temperature, or quality of products once they have been transferred to a third-party delivery service provider.

PRIVACY AND DATA USE

By using the Website, you consent to the collection and use of your data in accordance with applicable data protection laws.

TERMINATION OF USE

We reserve the right to terminate user accounts or block access for violations of these Terms of Use. 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 of Use.

WAIVER AND SEVERABILITY

If any provision of these Terms of Use is found invalid, the remaining provisions shall remain in full force and effect.

FEEDBACK

Any suggestions, menu ideas, or feedback you provide to iniBurger shall automatically become the sole and exclusive property of iniBurger. You hereby assign all rights and titles to such submissions to iniBurger without expectation of compensation.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between you and iniBurger regarding the Website.