Terms of Service

Please read these Terms of Service carefully before accessing or using the website located at giordanosgrill.click (the "Website") or any services offered by Giordanos ("Company," "we," "us," or "our"). By accessing or using our Website, placing an order, or otherwise engaging with our services, you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must discontinue use of our Website and services immediately.

1. Acceptance of Terms

By accessing, browsing, or using this Website in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, together with our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Giordanos.

Your continued use of the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. If you are using our Website on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to such entity.

These Terms apply to all visitors, customers, and others who access or use our Website and related food services. By placing an order or registering an account on our Website, you confirm that:

• You are at least 18 years of age, or the age of legal majority in your jurisdiction;
• You have the legal capacity to enter into a binding contract;
• You are not prohibited by law from using our services; and
• All information you submit is accurate, current, and complete.

2. Description of Services

Giordanos operates as a food service business, providing customers with the ability to browse our menu, place orders for food and beverages, and engage with our online platform through the Website at giordanosgrill.click. Our services may include, but are not limited to, the following:

2.1 Online Ordering

Our Website allows you to browse our menu offerings and place orders for pickup or delivery, subject to availability and your geographic location. Menu items, prices, and availability are subject to change without prior notice. We reserve the right to limit quantities, refuse orders, or cancel orders at our sole discretion.

2.2 Account Registration

Certain features of our Website may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Promotional Offers and Loyalty Programs

From time to time, Giordanos may offer promotional discounts, coupons, loyalty rewards, or special deals. These offers are subject to specific terms and conditions that will be communicated at the time of the offer. We reserve the right to modify or discontinue any promotional program at any time without notice.

2.4 Third-Party Delivery Services

We may partner with third-party delivery platforms or courier services to fulfill delivery orders. When you use a third-party service, you may be subject to that third party's terms of service and privacy policy. Giordanos is not responsible for the actions, errors, or omissions of third-party delivery partners.

2.5 Service Availability

We make no guarantee that our Website or services will be available at all times. We may suspend, restrict, or terminate access to our Website for maintenance, updates, or other operational reasons. We will endeavor to provide advance notice of planned downtime where reasonably practicable.

3. User Obligations and Prohibited Activities

As a condition of your use of our Website and services, you agree to comply with all applicable laws and regulations and to use the Website only for lawful, legitimate purposes. You further agree to the following obligations and restrictions:

3.1 User Obligations

• Provide accurate, truthful, and complete information when creating an account, placing orders, or communicating with us;
• Maintain the security of your account login credentials;
• Promptly notify us of any unauthorized access to your account;
• Comply with all applicable federal, state, and local laws, including but not limited to laws governing food ordering, consumer transactions, and electronic commerce;
• Treat our staff, representatives, and other users with respect and dignity.

3.2 Prohibited Activities

You agree that you will NOT engage in any of the following prohibited activities:

• Fraudulent Orders: Placing orders with fraudulent payment information, disputing legitimate charges without basis, or using stolen credit card information;
• Unauthorized Access: Attempting to gain unauthorized access to our systems, servers, databases, or other Users' accounts;
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of our Website or software;
• Data Scraping: Using automated tools, bots, scripts, or other automated means to scrape, crawl, or extract data from our Website without express written permission;
• Malicious Content: Uploading, transmitting, or distributing viruses, malware, ransomware, or any other malicious code;
• Harassment: Harassing, threatening, abusing, or intimidating any employee, representative, or other user;
• False Reviews: Posting false, misleading, or fabricated reviews or testimonials;
• Impersonation: Impersonating any person, entity, or brand, including Giordanos or its employees;
• Interference: Interfering with or disrupting the integrity or performance of our Website, servers, or networks;
• Commercial Exploitation: Using our Website or content for unauthorized commercial purposes, including reselling or sublicensing our services;
• Illegal Activity: Engaging in any activity that violates applicable federal, state, or local laws or regulations.

Violation of any of these prohibitions may result in immediate termination of your account, cancellation of pending orders, and potential legal action. We reserve the right to report any illegal activity to law enforcement authorities.

4. Intellectual Property Rights

All content, materials, and features available on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, digital downloads, data compilations, software, and the overall design and layout of the Website ("Content"), are the exclusive property of Giordanos or its licensors and are protected under United States copyright, trademark, trade dress, and other applicable intellectual property laws.

4.1 Trademarks

The name "Giordanos," our logo, and all related names, logos, product and service names, designs, and slogans are registered or unregistered trademarks of Giordanos. You may not use any of our trademarks without our prior written consent. All other names, logos, and marks mentioned on this Website are trademarks of their respective owners.

4.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial purposes. This license does not include any right to:

• Reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform our Content;
• Use any data mining, robots, or similar data gathering and extraction tools;
• Download any portion of the Website except for page caching for personal use;
• Sell, resell, or commercially exploit any portion of our Content or services.

4.3 User-Submitted Content

If you submit any content to our Website, including reviews, comments, photos, or feedback ("User Content"), you grant Giordanos a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary rights to grant this license, and that your User Content does not infringe any third-party intellectual property rights.

5. Payment Terms

When you place an order through our Website, you agree to pay the total amount indicated at checkout, including the price of the food items, applicable taxes, delivery fees, service charges, and any other fees disclosed at the time of purchase.

5.1 Accepted Payment Methods

We accept various payment methods as indicated on our Website at checkout, which may include major credit cards, debit cards, and other electronic payment options. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge the full amount of your order to that payment method.

5.2 Pricing and Taxes

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. Prices do not include applicable sales tax unless explicitly stated. Sales tax will be calculated and added at checkout based on applicable federal, state, and local tax rates. You are responsible for all applicable taxes associated with your order.

5.3 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once an order has been confirmed and preparation has begun. If you experience a quality issue with your order, please contact us within 24 hours of receipt at [email protected]. We will evaluate refund or replacement requests on a case-by-case basis at our sole discretion. Refunds, if approved, will be processed to the original payment method within 5–10 business days.

5.4 Chargebacks

If you initiate a chargeback with your bank or credit card company for a legitimate charge, we reserve the right to suspend or terminate your account and recover any amounts owed, including through collection proceedings if necessary.

6. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GIORDANOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Website will be uninterrupted, error-free, or free of viruses or other harmful components;
• Warranties regarding the accuracy, completeness, reliability, or timeliness of any content on the Website;
• Warranties regarding the results that may be obtained from the use of the Website or services.

6.1 Allergen and Dietary Disclaimers

We take allergen concerns seriously; however, our food is prepared in a kitchen environment where allergens such as gluten, dairy, nuts, soy, shellfish, and eggs may be present. While we make reasonable efforts to accommodate dietary restrictions and allergen requests, we cannot guarantee that our products are completely free from any allergen. Customers with severe food allergies should exercise caution and contact us directly before placing an order. Giordanos shall not be liable for any adverse reactions resulting from allergen exposure.

6.2 Nutritional Information

Any nutritional information provided on our Website is for general informational purposes only and may not be completely accurate due to variations in ingredients, preparation methods, and portion sizes. We recommend consulting a qualified nutritionist or healthcare professional for specific dietary advice.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIORDANOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your use of or inability to use our Website or services;
• Any unauthorized access to or use of our servers or any personal information stored therein;
• Any interruption or cessation of transmission to or from our Website;
• Any bugs, viruses, or other harmful code that may be transmitted through our Website;
• Any errors or omissions in any content posted, transmitted, or otherwise made available through the Website;
• Your reliance on any content or information displayed on the Website.

IN JURISDICTIONS WHERE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF LIABILITY IS NOT PERMITTED BY LAW, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GIORDANOS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless Giordanos and its officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, 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 Service;
• Your use of our Website or services in any manner not expressly authorized by these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third party's rights, including intellectual property rights, privacy rights, or rights of publicity;
• Any User Content you submit, post, or transmit through our Website;
• Any fraudulent, negligent, or willful misconduct on your part;
• Any dispute or claim arising from your interactions with other users or third parties through our Website.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

9. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the applicable state laws of the jurisdiction where Giordanos operates, without regard to conflict of law principles.

You agree that any legal action or proceeding arising out of or related to these Terms or your use of our Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You consent to the personal jurisdiction of such courts and waive any objection to the laying of venue of any such proceeding in those courts.

We acknowledge and comply with applicable federal consumer protection laws, including the Federal Trade Commission Act (FTC Act), 15 U.S.C. § 41 et seq., which prohibits unfair or deceptive acts or practices in commerce. Where applicable, we also comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and other applicable state privacy laws.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to contact us first at [email protected] and attempt to resolve the dispute informally. We will endeavor to respond to your complaint within thirty (30) days of receipt. If we are unable to resolve the dispute informally within sixty (60) days of your initial notice, either party may proceed to formal dispute resolution as described below.

10.2 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, OR TO YOUR USE OF THE WEBSITE OR SERVICES, SHALL BE SETTLED BY BINDING ARBITRATION, EXCEPT THAT EACH PARTY RETAINS THE RIGHT TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT AND THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF A PARTY'S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.

Arbitration shall be conducted under the rules of the American Arbitration Association (AAA) Consumer Arbitration Rules, as then in effect. The arbitrator shall have exclusive authority to resolve all threshold arbitrability issues, including disputes about the scope, enforceability, or applicability of this arbitration agreement.

10.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND GIORDANOS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

10.4 Time Limitation on Claims

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR WEBSITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED, REGARDLESS OF ANY STATUTE OF LIMITATIONS TO THE CONTRARY.

11. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or maintain an account with us. We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to the Website and our services at any time, with or without notice, for any reason, including but not limited to:

• Your violation of any provision of these Terms;
• Fraudulent, abusive, or otherwise unlawful use of our Website or services;
• Conduct that is harmful to other users, employees, third parties, or the reputation of Giordanos;
• At our sole business discretion, for any reason or no reason.

Upon termination of your account or access:

• All licenses and rights granted to you under these Terms will immediately cease;
• You must cease all use of our Website and services;
• Any pending orders may be cancelled at our discretion;
• Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Termination of your account does not relieve you of any obligations or liabilities incurred prior to termination.

12. Changes to Terms

Giordanos reserves the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or through a prominent notice on our Website.

Your continued use of our Website or services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using our Website and, if applicable, close your account. We encourage you to review these Terms periodically to stay informed of any updates.

We may also, in the future, offer new services or features on our Website. Any new features or services shall be subject to these Terms, unless we provide separate terms governing such additions.

13. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by Giordanos. We provide these links solely for your convenience and information. We have no control over the content, privacy policies, or practices of any third-party website or service, and we assume no responsibility for them.

We do not endorse or make any representations about third-party websites or any information, products, or services found on those sites. By clicking on a third-party link, you acknowledge that you are leaving our Website and that your use of any third-party website is at your own risk and subject to the terms and conditions and privacy policy of that website.

14. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy describes how we collect, use, store, and disclose information about you when you use our Website. By using our Website, you consent to the collection and use of your information as described in our Privacy Policy.

We comply with applicable privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) for California residents, and the FTC Act for all United States consumers. California residents may have additional rights regarding their personal information as described in our Privacy Policy.

15. Force Majeure

Giordanos shall not be liable for any failure or delay in the performance of its obligations under these Terms if such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government actions or restrictions, labor disputes, power failures, internet or telecommunications outages, terrorist acts, war, or civil unrest ("Force Majeure Events").

In the event of a Force Majeure Event, we will notify you as soon as reasonably practicable and resume performance as soon as the Force Majeure Event ceases. If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate any outstanding orders affected by the Force Majeure Event without liability.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Giordanos on our Website, constitute the entire agreement between you and Giordanos with respect to your use of the Website and our services. These Terms supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between you and Giordanos relating to the subject matter herein.

No failure or delay by Giordanos in exercising any right, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or privilege shall preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

17. Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable for any reason by a court or arbitrator of competent jurisdiction, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable, consistent with the parties' original intent.

If a provision cannot be modified to become enforceable, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The parties agree that a court or arbitrator may reform any provision found to be unenforceable to the extent necessary to make it enforceable, while preserving the economic effect of the original provision as closely as possible.

18. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Giordanos. Any purported assignment in violation of this provision shall be null and void. Giordanos may freely assign these Terms and any of its rights or obligations hereunder, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

19. Electronic Communications

By using our Website and services, you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that electronic signatures and communications shall be legally binding to the same extent as physical signatures and paper communications.

20. Contact Information

If you have any questions, concerns, or comments regarding these Terms of Service, or if you wish to report a violation of these Terms, please contact us using the following information:

We aim to respond to all inquiries within five (5) to seven (7) business days. For urgent matters, please clearly indicate the nature of your request in your email subject line.