APP TERMS & CONDITION
Effective Date: December 3, 2018
Welcome to Famous Dave’s, where our mission is to consistently exceed our guests’ expectations. Famous Dave’s of America, Inc. (“we,” “us,” “our,” or “Famous Dave’s”) licenses a mobile application (together with all documentation and updates, the “App”) that application end users (“you,” “your,” or “Users”) may download, install, and use. The App is available through the iTunes and Google Play stores. This End User License Agreement (together with any documents referred to therein) (collectively, this “Agreement”), along with Famous Dave’s Mobile App Privacy Policy governs your use of our App.
Participation in the Famous Dave’s Rewards Program (“Rewards Program”) is governed by the Rewards Program Terms and Conditions, which are hereby incorporated by reference into these Terms.
By downloading, installing, or using the App or participating in our Rewards Program, you accept and agree that you are legally bound by the terms of this Agreement and our Mobile App Privacy Policy. If you do not agree to this Agreement or our Mobile App Privacy Policy, do not use, access, download, or install any part of the App or participate in the Rewards Program.
We may revise and update this Agreement in our sole discretion, and will post any updates to the Agreement on the relevant App stores. Your continued use of our App, or any other service provided through the App, means that you accept and agree to the modified End User License Agreement.
A separate Privacy Policy and User Agreement governs your use of and orders through the website togo.famousdaves.com and through the App. Famous Dave’s website at https://www.famousdaves.com is governed by its own Privacy Policy and Terms of Use.
The Famous Dave’s Franchise System
The Famous Dave’s franchise system is a retail network made up of franchised and licensed Famous Dave’s businesses. Famous Dave’s franchisees are independent third parties who own and operate their own individual franchised businesses. This Agreement does not apply to any such franchisee, including in connection with such franchise operator's website, mobile application, social media page, or other online service for his, her, or its franchised business.
License Grant and Restrictions
Subject to the terms of this Agreement, Famous Dave’s grants to Users a non-exclusive, non-transferable, revocable license to access and use the App. Through use of the App, User consents to automatic software updates of the App. Upon termination by Famous Dave’s, for any reason, User’s access to the App may be terminated. The App is only licensed for Users’ use for the purposes for which Users are authorized and on the devices for which Users are authorized to administer. Users may uninstall the App at any time by using the standard uninstall procedures offered with Users’ mobile device’s operating system.
As a condition of User’s use of the App, User warrants that they will not use the App for any purpose that is unlawful or prohibited by this Agreement. User may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. User may not: (a) modify the App or any portion thereof; (b) reverse engineer, disassemble, decompile the App (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of the App or any element thereof (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled); (c) make copies, redistribute or sell the App; (d) remove, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the App (or any copy or portion thereof); (e) access the App via any means other than through authorized distributor platforms; (f) transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy; is tortious; (g) propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network; (h) engage in any activity that otherwise interferes with the use and enjoyment of the App by others, including without limitation: using the App in any way that may damage, disable, overburden, or impair our servers or networks; or transmitting, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages).
Your Account
Use of parts of the App may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:
- Be eighteen years of age or older. Children under eighteen may use our App solely through an account owned by a parent or legal guardian with their permission and supervision. The App is not intended for children under the age of 16;
- Provide accurate information; and
- Keep your log-in and password secure.
You may delete your account by contacting us at loyalty@famousdaves.com.
Access to the System
We reserve the right to delete or amend the App and any service or material we provide on the App, in our sole discretion, without notice or liability. We will not be liable if for any reason all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App or the entire App.
Term and Termination
This Agreement remains in force so long as User continues to access or use the App or until terminated by any party. Famous Dave’s may terminate this Agreement for any reason at any time and User may terminate by uninstalling the App and discontinuing all of Famous Dave’s services. Famous Dave’s reserves the right, in its sole discretion, to suspend or terminate Users’ accounts and access to or use of the App at any time if Famous Dave’s believes Users have acted in violation of this Agreement, Famous Dave’s Mobile App Privacy Policy, or applicable law, or have attempted to interfere with the App, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, Users’ access to the App will cease.
Intellectual Property
Famous Dave’s is the exclusive owner of all right, title and interest to and in the App and all content and services offered through the App; including, without limitation, any and all patents, copyrights, trademarks, service marks, trade secrets and any other proprietary rights related to the App or its content. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, of this Agreement. The license to use the App does not grant you any right to use the trademarks, service marks or logos of Famous Dave’s or its licensors. Famous Dave’s reserves all rights to modify, remove or otherwise change any of the content provided through the App.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. Our content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by this Agreement.
Links to Other Websites and Connecting through Social Media
The App may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website or social media icon on the App does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the App to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Indemnification
You agree to indemnify, defend, and hold harmless Famous Dave’s, its officers, franchisees, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the App, your violation of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Electronic Communications
Using the App or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the App, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account or uninstalling the App.
Warranty and Limitation of Liability
FAMOUS DAVE’S AND/OR ITS FRANCHISEES, AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FAMOUS DAVE’S AND/OR ITS FRANCHISEES, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE APP AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FAMOUS DAVE’S EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT (I) THE APP OR ITS CONTENT WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER; (II) THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE APP WILL SATISFY THE USER’S REQUIREMENTS; (IV) THE APP ARE COMPATIBLE WITH SYSTEMS, PRODUCTS, OR SERVICES PROVIDED BY THIRD PARTY PERSONS OR ORGANIZATIONS; (V) THE RESULTS OBTAINED FROM THE USE OF THE APP WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (VI) THE APP WILL PREVENT THE UNAUTHORIZED DISCLOSURE OF, UNAUTHORIZED USE OF, UNAUTHORIZED ACCESS TO, MISAPPROPRIATION OF, LOSS OF, OR ALTERATION OF ANY DATA OR INFORMATION; OR (VII) ANY ERRORS OR DEFECTS IN THE APP WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAMOUS DAVE’S AND/OR ITS FRANCHISEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, 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 THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAMOUS DAVE’S OR ANY OF ITS FRANCHISEES, AFFILIATES, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP AND TO UNINSTALL ANY INSTALLED APP. FURTHER, FAMOUS DAVE’S IS NOT LIABLE TO USER OR ANY THIRD-PARTY FOR DAMAGES ARISING OUT OF USER’S ACTIONS. IN THE EVENT A COURT AWARDS DAMAGES DESPITE THE FOREGOING, SUCH DAMAGE SHALL NOT EXCEED THE AMOUNT PAID BY THE USER FOR THE APP.
Geographic Restrictions
The App is controlled, operated, and administered by Famous Dave’s in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law, Venue and Jurisdiction
This Agreement shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the App or under this Agreement, the Privacy Policy, and any legal notices on this App, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Miscellaneous Terms
This Agreement, together with our Mobile App Privacy Policy and any other document referred to in this Agreement or the Mobile App Privacy Policy, are the entire agreement between you and us related to your use of the App.
No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Contact Information
To contact us, email us at loyalty@famousdaves.com.