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.
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.
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.
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.
If you are provided with a user name or password, you must treat such information as confidential. You agree to notify us immediately of any unauthorized use of your account.
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.
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.
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 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.
To the fullest extent permitted by law, iniBurger will not be liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising out of or related to your use of the Website.
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.
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 100
Pleasanton, CA 94588
Email: Support@iniBurger.com
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.
The website may contain links to other websites or online services that are not under the control of Company. Such links do not constitute an endorsement by iniBurger of those other websites or online services, the content they display, or people associated with them. Any use of third party websites features is subject to the terms of use of the applicable third-party website or
product and not these Terms, unless you are notified otherwise, in which case the terms and conditions set forth in such notification will apply.
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. All sales made through the iniBurger or iniBurger affiliate sites are final, with no rights to a refund, exchange or otherwise.
By using the Website, you consent to the collection and use of your data in accordance with applicable data protection laws.
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.
If any provision of these Terms of Use is found invalid, the remaining provisions shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and iniBurger regarding the Website.
