TERMS OF USE
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”) owns and operates www.famousdaves.com (the “Site”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”), along with Famous Dave’s Privacy Policy to your use of our Site and any other services offered on or through the Site(collectively, our “System”).
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.
Your use of our System or participation in the Rewards Program means that you accept and agree to these Terms. If you do not agree to these Terms or our Privacy Policy, do not use any part of the System or participate in the Rewards Program.
We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the Site. Your continued use of our System, or any other service provided through the System, means that you accept and agree to the modified Terms of Use.
A separate Privacy Policy and User Agreement governs your use of and orders through the website togo.famousdaves.com. Famous Dave’s mobile application is governed by its own Privacy Policy and End User License Agreement.
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. These Terms do 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.
YOUR ACCOUNT
Use of parts of the System 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 System solely through an account owned by a parent or legal guardian with their permission and supervision. The System 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. Famous Dave’s reserves the right, in its sole discretion, to suspend or terminate your accounts and access to or use of the System at any time if Famous Dave’s believes you has acted in violation of these Terms, Famous Dave’s Privacy Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, your access to the System will cease.
ACCESS TO THE SYSTEM
We reserve the right to delete or amend the System and any service or material we provide on System, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System or the entire System.
INTELLECTUAL PROPERTY AND PROHIBITED USES
You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner that could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our franchisees or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
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 System. Our content is not for resale. Your use of the System 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 these Terms.
LINKS TO OTHER WEBSITES AND CONNECTING THROUGH SOCIAL MEDIA
The System 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 System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System 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 System, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms, 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
Visiting the Site, using the System, 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 System, 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 or email us at loyalty@famousdaves.com . There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.
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 SYSTEM 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 SYSTEM 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.
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 SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR ANY APPLICATION, 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 SYSTEM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
GEOGRAPHIC RESTRICTIONS
The System is controlled, operated, and administered by Famous Dave’s in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System 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
These Terms 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 System or under these Terms, the Privacy Policy, and any legal notices on this System, 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
These Terms of Use, together with our Privacy Policy and any other documents referred to in these Terms or the Privacy Policy, are the entire agreement between you and us related to your use of the System.
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 these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use 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 Terms of Use will continue in full force and effect.
CONTACT INFORMATION
To contact us, email us at loyalty@famousdaves.com.