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Welcome to our Web site (our “Web site” or “site”), owned and operated by Brown Derby Stores, Inc., together with its subsidiaries and affiliates (which operate as an integrated business, generally doing business as “Brown Derby”). By using our Web site YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, and all the terms, conditions, disclaimers and limitations that appear or are made available to you on our site (for example, in connection with special offers or promotions) and all of these, as they may be amended from time to time, we may refer to collectively as your “Agreement” with us. The policies that apply in our retail stores may differ from those applicable to your use of our Web site and you should keep in mind these are separate and relate to different locations and platforms. We may refer to anyone us ing, registering, visiting or taking advantage of any of the features, functions, offers or links made available, on or through our Web site, as “you” or “your” in our Agreement and we may refer to Brown Derby Stores as “we”, “us” or “our” (or, of course “Brown Derby Stores, Inc.”).
Acceptance of and Changes to Terms of Service
By using our Web site and services, you signify your acceptance of the Agreement, including, without limitation, all the terms and conditions in these Terms of Service. If you do not agree completely with any terms, conditions, disclaimers, limitations or other provisions in your Agreement with us, your only remedy is to discontinue use of our Web site. We reserve the right to modify our Agreement with you, including, without limitation, these Terms of Service at any time. Your continued use of any portion of our Web site following the effective date contained in the notification or the posting of such changes on our Web site if no other effective date is specified, will constitute your acceptance of those changes and agreement to comply with all the current terms and conditions of the Agreement.
If you have questions or concerns about our specific terms, please send an e-mail to customerservice@brownderby.com
User Obligations
You agree not to do any of the following while using the BrownDerby.com Web site or any of our sites:
The Sale of Alcoholic Beverages
We do not sell alcohol to persons under the age of 21 or anyone outside the United States (or even in the U.S if prohibited by law). By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. Delivery drivers will be at least 21 years of age and will not deliver to visible intoxicated people. We will conspicuously label all packages of alcohol delivered directly to a resident of this state by Common Carriers (engaged by us on your behalf) with the words “CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY” or labeled with similar wording preapproved by the Division of Alcohol and Tobacco Control. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by law.
Title and Ownership
Title to, and ownership of, all alcoholic beverages passes from us to the purchaser at the store, in the State of Missouri, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from our store/warehouse to his/her residence or place of business in your home State. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the transportation or shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any others that apply to you regarding the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, wine. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.
Third Party Content and Monitoring
Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on our Web site by any third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not ours. We neither endorse nor are responsible for these, in any way, including, without limitation, the accuracy or reliability of any opinion, advice, information or statement made by anyone other than our employee who is authorized by us and is acting in her or his official capacity.
Parental Control Protections
As required by the Communications Decency Act of 1996, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to information and content that may be objectionable or harmful to minors as specified by law. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, SurfWatch and GuardOne. We do not sponsor or endorse or control any of these companies or their services.
Links
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
Copyright Notice
All text, graphics, logos, icons, images, audio clips, video clips and software on the site (“Content”) are copyrighted materials owned by or licensed to us. Content may contain trademarks, service marks and trade names which are owned by us and may also contain brand and product names which are trademarks, service marks or trade names which are owned us or by third parties and the term “Content” will be used and mean to include these as well. Unless authorized in writing by an officer of Brown Derby Stores, you may not use any Content without our consent and even if we consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder if not us. You may not use the Content on any other Web site or medium. You may not use the Content in a networked computer environment for any purpose other than to transact with our site as authorized by us. If you violate any of these terms, your permission to use the Content will automatically terminate, you must immediately destroy Content in your possession or under your control and any copies you have made and we may end your authorization to use our site. Nothing shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights to you and we expressly reserved all such rights.
Notices
“Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.
Please select Print, and select your printer to retain a copy. If you do not have a printer, you can copy the text of this Disclosure and the underlying agreements and paste the text into a new document in a word processor or a text editor on your computer and save the text.
SYSTEM REQUIREMENTS TO ACCESS INFORMATION
To receive and view an electronic copy of the Communications you must have the following equipment and software:
SYSTEM REQUIREMENTS TO RETAIN INFORMATION
To retain a copy, you must either have a printer connected to your personal computer or other device or, alternatively, the ability to save a copy through use of printing service or software such as Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can also copy the text of this Disclosure and the underlying agreements and paste the text into a new document in the word processor or text editor and save the text.
WITHDRAWAL OF ELECTRONIC ACCEPTANCE OF DISCLOSURES AND NOTICES
You can also contact by email or in writing at our addresses listed on the Site to withdraw your consent to receive any future Communications electronically, including if the system requirements described above change and you no longer possess the required system. If you withdraw your consent, we will terminate your use of the site and the services provided through the site.
TERMINATION / CHANGES
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Disclaimer of Warranties
Although we (including our vendors) endeavor to provide current, accurate and reliable information on our site, we (including our vendors) cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We (including our vendors) cannot and do not warrant your use of our site, or the operation or function of the site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site or the delivery services is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We (including our vendors) make no representations about the suitability, reliability, availability, timeliness and accuracy of the site. OUR SITE, THE DELIVERY SERVICES AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or vendors be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
Indemnity
You agree to defend, indemnify, and hold Brown Derby Stores, its affiliates, employees, officers, agents and vendors (“Brown Derby Parties”) harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Brown Derby Parties, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) any content you post or upload on the site; (ii) your use of the site and your activities in connection with the site; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities in connection with your use of the site or your activities in connection with the site; (v) information or material transmitted through your device used to access the site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) Brown Derby Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Brown Derby Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, Brown Derby Parties retain the exclusive right to settle, compromise and pay any and all Claims and Losses. Brown Derby Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Brown Derby Party.
Privacy Policy
Your use of our Web site is also subject to our Privacy Policy.
Validating Your Order
After you place an order using our shopping cart, we will check the information you give us for validity and compliance with state laws and regulations, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.
Order Acceptance/Confirmation
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Brown Derby Web site reserves the right at any time after receipt of your order to accept or decline your order for any reason.
Return Policy
All sales made through our Web site are subject to our return policy. For a complete description and explanation of our return policy, please see the section about Returns in our Customer Service section.
Order Limitations
We reserve the right to reject any order you place with us and/or or to limit quantities in any order, without giving any reason or for no reason, if we determine it is in our best interests to do so. If we reject your order or reduce the quantities of any items in your order, we will attempt to notify you using the e-mail and/or billing address you gave us when you placed the order.
Order Limitations/Limited Quantities
We may, at our own discretion, limit or cancel quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Web site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve the right to limit or prohibit sales to dealers.
Shipping
All orders placed on our site are subject to product availability and will be shipped according to our shipping policies. In the event your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail. Please review the Shipping Information portion of our Customer Service section for additional information on shipping times, rates and policies.
In-Store Pickup
As mentioned above, all orders are subject to product availability and will be available for pickup at your local store (as designated in the order) according to our pickup policies. We will use the email address provided with the order to contact you when your order is ready for pickup. At pickup, the person who placed the order must be present and display valid State or government issued identification along with the credit card used as payment for the order. If after 14 days the order has not been picked up by the customer, we will attempt to notify you by contacting you with the information provided at the time the order was made. We reserve the right to cancel the order, return the products or other goods, and if we do that, to issue a credit to your credit card account (the one used to place the order) in the amount of the charge corresponding to the intended purchase. Individual bank policies will dictate when this amount is credited to your account. Please review the Shipping Information page in our Customer Service section for additional information on in-store pickup of orders and policies.
Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and we have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund or other promotional offer or containing any incorrect information or typographical errors. We have the right to refuse or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
Mobile and Mobile Apps
BrownDerby.com may offer areas and features which are accessible via a mobile device, like a smartphone. These features and areas may include the ability to upload content, make purchases, determine your location, and other similar activities. Note that standard messaging, data, and other fees may be charged by your carrier to engage in any activities which are available on your mobile device. If you have questions about these issues, please contact your carrier as We have no control, and are not responsible for such charges.
You agree that for the functions or services which are part of your registration with BrownDerby.com, We may send communications to your mobile device regarding the functions or services you have registered to be able to use on BrownDerby.com. You also agree that we may collect information related to your mobile device associated with your use of the features and areas which are accessible by your mobile device.
MOBILE TERMS OF USE
Welcome to Brown Derby’s Mobile Alert Program, which includes, but is not limited to, Brown Derby Recurring Offers, transactional SMS/text alerts by us or our third party delivery providers, and one-time text offers (the “Program”). Please review these Mobile terms of use (“Mobile Terms of Use”), which describe our Program and available codes and govern your use of the Program. BY ACCESSING, BROWSING, OR USING THE PROGRAM, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE THE CURRENT SUBSCRIBER OR CUSTOMARY USER OF THE MOBILE PHONE NUMBER YOU PROVIDED TO BROWN DERBY IN ORDER TO PARTICIPATE IN THE PROGRAM; AND (2) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE PROGRAM. You are also subject to and agree to comply with Brown Derby’s general Terms of Use located on this page.
PLEASE NOTE: You agree that if the mobile telephone number you provide as part of Brown Derby Recurring Offers at any time becomes reassigned, terminated or otherwise no longer your current mobile telephone number, you will PROMPTLY NOTIFY Brown Derby of any such reassignment or termination by calling (800) 491-3438 or by sending an email to customerservice@brownderby.com
TRANSACTIONAL SMS/TEXT ALERTS
In-Store Pick-Up Order Status
You may elect to receive an SMS/text alert regarding the status of any in-store pick-up order that you place via the Brown Derby website. If you elect to receive a status update, Brown Derby will send a one-time automated SMS/text message regarding the status of your order to your mobile telephone. Please note that to receive status updates from Brown Derby, you will be required to elect to receive a text message for each individual order status notification requested. Message and data rates may apply.
Message & Data Rates May Apply
All charges are billed by and payable to your mobile service provider. Brown Derby Stores, Inc. does not charge for sending or receiving text messages. Data obtained from you in connection with this SMS service may include your mobile phone number, your carrier’s name, your opt-out status, and the date, time, and content of your messages. We may use this information to contact you and to provide you with the Program services. All data obtained is subject to our Privacy Policy.
Brown Derby text messages are available on these SMS supported carriers: AT&T, T-Mobile®, Verizon, Sprint, U.S. Cellular, Boost Mobile, Cricket, Virgin Mobile and others.
Brown Derby text messages are available on these MMS Supported Carriers: AT&T, Cricket, T-Mobile®, Sprint, Verizon, U.S. Cellular.
You acknowledge that any text messages you receive from Brown Derby are distributed via third-party mobile network providers. As a result, Brown Derby cannot control certain factors relating to message delivery. You further acknowledge that neither Brown Derby nor your wireless carrier is liable for delayed or undelivered text messages.
Termination of Use
We may terminate your BrownDerby.com Account with or without cause at any time effective immediately. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspects of the Web site at any time without prior notice.
Force Majeure
We shall be excused from performance under this Terms of Service if we fail or are prevented, forbidden or delayed from performing by reason of: (a) any provision of any present or future law or regulation or order of any court, the United States of America, or any State or local government body, (b) any act or omission of a third party, or (c) any act, emergency condition, war, computer or telecommunications failure or other circumstance beyond our control.
General Provisions
You agree that we and our agents, representatives, contractors, suppliers and others working on our behalf, may make improvements and/or changes in the Content on our sites, and all features, functions and/or services may change at any time without notice and without liability of any kind. You are responsible for compliance with applicable laws and regulations that apply to you, keeping in mind that access to our site may not be legal by certain persons or in certain countries. Even if we don’t exercise some right or enforce some provision at any particular time, that doesn’t mean we have waived that or any other right in any way. If any provision of our Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. These Terms of Service, along with the our Privacy Policy and any other terms, conditions or provisions specifically referred to herein, comprises the entire agreement between you and us regarding the subject matter and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties with respect to same. These Terms of Service and our Agreement with you, is personal to you and you may not transfer, assign, or delegate any of them to anyone without our express written permission and any attempt to do so without prior written permission, will be void ab initio. These Terms of Service will inure to the benefit of our successors, assignees, and licensees. The headings are included for reference only and have no effect on the meaning of any provision. Missouri and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms of Service and our Agreement with you. You agree to submit to the personal jurisdiction of the courts located in the State of Missouri, for the resolution of all disputes arising from or related to these Terms of Service, our Agreement with you and/or your use of the Site.
