When using the Website, you may review food and dining venues’ menus offered online and place an order for food and beverages. Upon completing your order online, JacksonHoleBurgers.com will review your order and acknowledge receipt with an e-mail message that will be sent to your e-mail address. Please note that JacksonHoleBurgers.com’s e-mail notification does not constitute an acceptance of your order. Your order will be forwarded directly to the appropriate food and dining venue. The execution of your order and the charge of your credit card will be made directly by the venue that you ordered from and will be deemed as an acceptance of your order.
Our services are available only to, and may only be used by individuals who can be legally bound by contracts under the applicable law. Each user of the Website must have a valid credit or debit card and a valid e-mail address for contact purposes.
JacksonHoleBurgers.com services are available only for credit and debit card types which are listed on the Website.
The Website is not directed to children under the age of 18. If you are under 18 years old, you may browse the Website, however, you may not place an order online or provide JacksonHoleBurgers.com with any of your personally identifiable information. JacksonHoleBurgers.com will permanently delete a child’s personally identifiable information if a parent so requests by sending an e-mail to info@JacksonHoleBurgers.com.
The selling or dispensing of any alcohol beverages through this Website to any person under the age of (21) years, is strictly forbidden. If you are under the age of 21, you may not order any alcoholic beverage through this Website. JacksonHoleBurgers.com will not be liable for any damages or consequences derived from such order and/or use of alcoholic beverages by persons under the age of 21.
JacksonHoleBurgers.com enables you to choose and order any food and beverage offered by food and dining venues through the Website. The transaction is made directly between you and the food and dining venue. JacksonHoleBurgers.com is not a party to these transactions.
The services of the Website are available for US and UK residents only, unless indicated otherwise on the Website.
Acceptable use of the Website
Subject to these Terms you may access and use the Website, create an account and order food online. The following Terms define the acceptable use of the Website. While using the Website you agree to refrain from willfully, or carelessly –
Interfering with or disrupting the functionality of the Website; Disobey or breach these Terms or any other applicable instructions conveyed by JacksonHoleBurgers.com and its officers; Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation; Impersonating any person or entity, or making any false statement about your identity, employment, agency or affiliation with any person or entity; Providing false or misleading credit card details and/or false delivery address when placing an order online; Displaying the Website or any part thereof in an exposed or concealed frame; Linking to certain elements on the Website independently from the web pages on which they originally appear; Email, transmit or otherwise make available any information and materials that infringes third party’s right, including Intellectual Property Rights; Email, transmit or otherwise make available software viruses, Trojan horses, warms and any other malicious application to computers and networks; Email, transmit or otherwise make available any information or material which may constitute or encourages conduct that would be constitute a criminal offense or civil wrong doing or otherwise violets any applicable law; Email, transmit or otherwise make available any information or material which may be deemed threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable.
Registration and User Account
The Website serves all Internet users. However, certain services may be available to registered users only. If you wish to place an order, you will be asked to first open a user account. The registration is free of charge and it will enable you to order food online and receive information about new services available on the Website, including about discounts and special offers. BY REGISTERING OR PLACING AN ORDER ONLINE YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER. When you register with the Website, JacksonHoleBurgers.com will ask you to provide certain contact and personal details, such as your full name, a valid e-mail address and a password and then provide additional details such as complete credit or debit card details and delivery and billing address (including address, city, state, country and zip/postal code). Bear in mind that false, incorrect, or out dated information may prevent you from registering and impair the ability to provide you with the services of the Website and to contact you. JacksonHoleBurgers.com will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Website. To login, you must use your personal code (such as: email address and password). Alternatively, JacksonHoleBurgers.com may provide you with a password for accessing your account and may from time to time establish and require additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Website. You agree to maintain your access code in absolute confidentiality and refrain from disclosing it to others. Make sure that you change your password frequently and at least once every six months. If you forget your access code, JacksonHoleBurgers.com will provide you with means to change it. You are fully accountable for any outcome that may result from your failure to provide complete details in the course of the registration process, from your failure to keep your account details in confidence, and for any use or misuse of your account on the Website as a result of conveying your details to someone else. You may terminate your account at any time, by sending a request for termination at info (at) JacksonHoleBurgers.com. JacksonHoleBurgers.com may require you to verify your termination notice by sending an additional termination request message, either by e-mail or through any other means, as a precondition for terminating your account. Your account will terminate 10 days following your notification, and from that date of termination you will no longer be able to access your account. Notwithstanding any remedies that may be available under any applicable law, JacksonHoleBurgers.com may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Website and take technical and legal steps to keep you off the Website, if JacksonHoleBurgers.com believes that you have abused your rights to use the Website; or you have breached these Terms; or you deliberately submitted false information; or, you have performed any act or omission that violates any applicable law, rules, or regulations; or, you have performed any act or omission which is harmful or likely to be harmful to JacksonHoleBurgers.com, or any other third party, including other users and suppliers of JacksonHoleBurgers.com; or, you made use of the Website to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or, you conveyed your account access code to another person; or, you are in debt to JacksonHoleBurgers.com or to a food and dining venue or any third party with respect to any transactions made on or through the Website.
Fees and Payments
The current rates of the items posted on the Website are provided by the appropriate food and dining venues that prepare and deliver the food directly to you and not by JacksonHoleBurgers.com. Such venues may, at any time and in their sole discretion, change the rates and availability of any item in their menu. All fees are quoted in U.S. Dollars or UK Pounds, unless expressly stated otherwise. Any changes in fee rates will take effect immediately after being posted on the Website. You represent and warrant that you will pay all fees and taxes in a timely manner and in compliance with each food and dining venue’s fee schedule. Failing to settle your payments may prevent you from further using the Website, notwithstanding any other remedies available to JacksonHoleBurgers.com under the applicable law.
Links to other Sites
The Website may include links to content on other web sites and online services. JacksonHoleBurgers.com does not operate, or monitor these websites and services. You may find them or the information and content included therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or service, JacksonHoleBurgers.com does not endorse, or sponsor their content, or confirm their accuracy, credibility, authenticity, validity, integrity or legality. JacksonHoleBurgers.com assumes no responsibility or liability for such third party websites or services, or for their availability. The Website may include paid advertisements, sponsored links and commercial information (the “advertisements”). By clicking on the advertisements you may be transferred to a website of an advertiser or receive any other messages, information or offers from the advertiser and from others. JacksonHoleBurgers.com is not responsible for any of the advertisers’ practices including their privacy practices, or for the content of their websites, information, messages or offers.
The intellectual property rights in the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of JacksonHoleBurgers.com, or of third parties by whom JacksonHoleBurgers.com was licensed according to law. These rights apply, among others, to any textual and non-textual information, including menus, images, graphic design, data and its processing, the Website’s computer code and any other detail concerning its operation. You may not copy, duplicate, distribute, sell market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without receiving JacksonHoleBurgers.com’ explicit prior consent in writing. Trademarks appearing on the Website (whether registered or not), the name of JacksonHoleBurgers.com. And its trademarks as well as the Website’s Domain name – are the sole property of JacksonHoleBurgers.com and of food and dining venues. You may not use them without JacksonHoleBurgers.com’ or the relevant venue’s prior written consent.
Changes and Availability
JacksonHoleBurgers.com may from time to time change the Website’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any previous notice. Changes of this type by their very nature are likely to result in glitches or cause inconvenience of some kind. You shall not have any plea, claim or demand whatsoever against JacksonHoleBurgers.com ensuing from the introduction of aforesaid changes or from glitches or any kind of failure resulting from their introduction. The Website is depended on different factors such as software, hardware and communication networks of JacksonHoleBurgers.com, its contractors and suppliers. By their nature, these factors are not fault free or tolerant, hence JacksonHoleBurgers.com can’t guarantee that the Website will not be disturbed, will be timely, secure or error free.
Termination of Operation
JacksonHoleBurgers.com may at all times, in its sole discretion, terminate the operation of the Website, or any part thereof, temporarily or permanently. JacksonHoleBurgers.com may not give any notice prior to the termination of the Website. At any time, certain content or a service may be blocked, removed or deleted without maintaining any backup copy. You agree and acknowledge that JacksonHoleBurgers.com does not assume any responsibility with respect to, or in connection with the termination of the Website’s operations and loss of any data as a result.
Amendments to the Terms
JacksonHoleBurgers.com may from time to time change the Terms, including any and all documents, forms and policies incorporated thereto. Substantial changes will take effect 30 days after an initial notification was posted on the Website’s homepage or any other relevant web pages on the Website. Other changes will take effect 7 days after their initial posting on the Website, unless the Terms are amended to comply with legal requirements, where in such cases the amendments will become effective as required, or ordered. You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Website will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, then you must avoid any further use of the Website.
Disclaimer of Warranty
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS BEING PROVIDED FOR USE “AS IS”, AND THEREFORE YOU WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS JacksonHoleBurgers.com IN RESPECT OF THE WEBSITES PROPERTIES, ABILITIES, LIMITATIONS OR COMPATIBILITY WITH YOUR NEEDS. THE USE OF THE WEBSITE IS ACCORDINGLY BEING MADE AT YOUR SOLE AND WHOLE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. INFORMATION AVAILABLE ON THE WEBSITE, INCLUDING MENUS AND DELIVERY TERMS, ARE PROVIDED BY THE FOOD AND DINGING VENUES AND AT THEIR SOLE RESPONSIBILITY. JacksonHoleBurgers.com DOES NOT WARRANT, AND HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE SUCH INFORMATION OR TO THE FOOD AND DINGING VENUES’ QUALITY SERVICE. JacksonHoleBurgers.com DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE WEBSITE IS FREE FROM ALL HARMFUL COMPONENTS. USE OF INFORMATION OR CONTENT OBTAINED FROM OR THROUGH THE WEBSITE IS AT YOUR OWN RISK.
Limitation of Liability
JacksonHoleBurgers.com, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SISTER COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (TOGETHER ” JacksonHoleBurgers.com’ GROUP”) WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE AND LOSS, COSTS, EXPENSES AND PAYMENTS, REGARDLESS OF THE ALLEGED LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, INTELLECTUAL PROPERTY INFRINGEMENT, PRODUCT LIABILITY AND STRICT LIABILITY, THAT MAY RESULT FROM, OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE WEBSITE, OR FROM NEGLIGENT ACTS OR WRONGDOINGS OF FOOD AND DINING VENUES, OR FROM THE UNAVAILABILITY OF ORDERED ITEMS, OR FROM DELIVERY DELAYS, OR FROM ANY UNINTENTIONAL FAULT OR ERROR MADE BY JacksonHoleBurgers.com’ GROUP’S STAFF, OR FROM ANY FRAUDULENT ACTIVITY OR UNAUTHORIZED USE OF CREDIT AND DEBIT CARDS, OR FROM ANY COMMUNICATION WITH JacksonHoleBurgers.com, REGARDLESS OF WHETHER JacksonHoleBurgers.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to indemnify, defend and hold harmless JacksonHoleBurgers.com’ Group at your own expense and immediately after receiving a written notice, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in connection with your use of the Website, or your breach of these Terms, or any other terms, rules or regulations applicable to the use of the Website, or the order, shipment and use of the Products.
Governing Law, Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State of New York. You agree to resolve any dispute or claim that you may have against JacksonHoleBurgers.com’ Group and to submit to personal jurisdiction in the exclusive jurisdiction of state and federal courts in the city of New York, New York.
You may contact JacksonHoleBurgers.com by email at: info@JacksonHoleBurgers.com, or by using the contact details hereunder. However, you should contact the relevant food and dining venue directly with any question that you have concerning the delivery of the order and any other matter related to the order transaction. JacksonHoleBurgers.com may publish in public, including on the Website, any communications with you, provided that your personal details will not be made public without your prior consent. All communications will be deemed as received after one business day. JacksonHoleBurgers.com’ contact details:
The Terms and Conditions constitute the entire agreement between you and JacksonHoleBurgers.com with respect to the use of the Website and the services therein. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by JacksonHoleBurgers.com, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by JacksonHoleBurgers.com’ authorized representative. The Terms and Conditions will take precedence over all documents, forms and policies incorporated thereto, which may conflict with these Terms, unless specifically indicated in such documents that a certain provision is determined notwithstanding any of the provisions of these Terms. Failure on JacksonHoleBurgers.com’ part to demand performance of any provision in the Terms will not constitute a waiver of any of JacksonHoleBurgers.com’ rights under the Terms. The United Nations Convention on Contracts for the International Sale of Goods will not govern the Terms.
Changes in Ownership
JacksonHoleBurgers.com may incorporate the ownership or management of the Website as a separate corporation, or transfer ownership rights and title in the Website, to a third party, provided that your rights according to these Terms are not harmed by the transfer of rights. In that case, a copy of the details and information related to you will be transferred to the corporation receiving the rights in the Website and you hereby give your prior consent thereto.
Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without JacksonHoleBurgers.com’ prior explicit and written consent.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms. “including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
The provisions of the intellectual property, disclaimer of warranty, limitation of liability and indemnification sections, will survive the termination, or expiration of the Terms. Last update: [September 1st, 2011]