Modification of Services
The website reserves the right, in its sole discretion, to modify the services from time to time and without notice, including by removing, adding, or modifying Products and/or third-party vendors from the Product Catalog. The website shall have no liability to you for any modification or discontinuation of the services. If you object to any such changes, your sole recourse shall be to cease using the services.
Limitations on Your Use of Services
You may not attempt, or authorize, encourage, or support others’ attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the service. You acknowledge and agree that you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the services, or any products accessible through the services.
Modification of the Agreement
The website may amend, supplement, or modify this agreement from time to time by posting the amended agreement on the site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the services.
If you materially breach the terms of this agreement, the website may suspend your ability to use the services or may terminate this agreement effective immediately and without notice to you.
Payment and Billing
You acknowledge and agree that for each order you place through the service, the full cost of Products you order will be assessed against your credit card, charge card, restaurant-specific gift card, or restaurant-specific cash card. You acknowledge and agree that a command originating from your account constitutes an authorization for the service to charge this amount and you assume all liability for and shall promptly pay any and all charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account. The service will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on the website.
You acknowledge that Rib City is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges. Addressing customer requests for refunds on purchases of Products will be the sole responsibility of the restaurant at which the order was placed in accordance with such restaurant’s refund policies. Contact the restaurant directly with the phone number provided as soon as possible to request a full or partial refund.
Protect your gift card like cash. Lost or stolen gift cards will not be replaced.
No service fees are charged on gift cards.
For balance inquiry please visit www.valutec.net or customer service, call (239) 275-6700. You may redeem this gift card for food and beverages at any participating Rib City in the U.S.
Each card comes with its own carrier.
Additional Terms for Corporate Customers
All sales of gift cards are final and cannot be returned.
No service fees are charged on gift cards.
Gift cards may not be resold for less than face value.
By ordering gift cards through this Site, each reseller hereby agrees and acknowledges to fully defend, indemnify and hold harmless Rib City Group, Inc.; Rib City Restaurants and their related subsidiaries and affiliates from any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card sold by reseller in any jurisdiction.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE WEBSITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. THE WEBSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND THE WEBSITE MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE WEBSITE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS PARAGRAPH REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE WEBSITE TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS IS LIMITED TO ONE HUNDRED DOLLARS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless the website, its agents, employees, representatives, licensors, affiliates, officers and directors, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the services using your password) submit or transmit through the services, (b) your use of or access to the services, (c) your violation of this agreement, (d) your violation of any rights of any third party, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the services.
The services contain copyrighted and/or proprietary subject matter that is owned by Rib City and/or its licensors. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, slogans and other indicia of origin (“Marks”) that appear on or in connection with the services are the property of Rib City and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
Any legal action, suit, or proceeding arising out of or relating to this agreement, or your use of the services, shall be instituted exclusively in the federal or state courts located in Fort Myers, Florida. This agreement shall be governed by Florida law, without regard to conflict of law principles. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or this agreement must be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the enforceable provisions of this agreement shall remain in full force and effect.
THE TYPES OF INFORMATION WE COLLECT
Personal Information You Provide to Us
We may collect Personal Information that you submit to us voluntarily through your access and/or use of a Site, including your user name, password, billing name and address, contact information such as phone numbers or e-mail addresses, and credit card information.
Personal Information Collected Via Technology
As you access and/or use the Site and/or the Services, we may collect certain information, such as unique identifiers for your wireless communication device, your product purchase preferences, and the locations from which you order the Products, and details involving the time, place, cost, number of items and other features of your orders.
An “IP Address” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP address probably varies from session to session. We track IP addresses solely in conjunction with session cookies to analyze our web page flow.
“Cookies” are small pieces of information that a web site sends to your computer’s hard drive while you are viewing a web site. Rib City may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Sites. Persistent cookies can be removed by following Internet browser help file directions. If you choose to disable cookies, some areas of the Site and the Services may not work properly.
HOW WE USE YOUR INFORMATION
In general, we use your Personal Information to respond to your requests as submitted through the Services and to charge your credit card the cost and transaction fee associated with the Products you request. In addition, we may use your Personal Information to determine your purchase preferences, to better understand how the Sites and Services are used; to gauge traffic patterns and determine what types of content and services are most popular with users; and to contact you with information about Rib City’s products, services, news and events. We will share your Personal Information with third parties to fulfill your requests for Products, and we may share your Personal Information with third parties who perform services for us or on our behalf. You expressly consent to the sharing of your Personal Information with these third parties.
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that makes the information personally identifiable to you. We may use this Anonymous Information to analyze request patterns and usage patterns so that we may enhance our products and services. Rib City reserves the right to use and disclose Anonymous Information to third parties in its discretion.
We may also use your Personal Information to send information on products, services, special offers, and promotions. Out of respect for your privacy, we give you the option not to receive these types of communications. If you would like to cease receiving any such communications, you may unsubscribe by sending an email to firstname.lastname@example.org. You may not opt out of non-promotional communications from Rib City, including confirmation messages regarding successful order requests.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary (a) to comply with relevant laws or to respond to subpoenas or warrants served on Rib City; or (b) to protect and defend the rights or property of Rib City or users of our website.
We do not intentionally gather Personal Information about visitors who are under the age of 13. Furthermore, we do not intentionally allow visitors under the age of 18 to register for the Services.
Links to Other Sites
HOW WE PROTECT YOUR INFORMATION
We use reasonable measures to maintain the security of your Personal Information. Rib City makes use of Secure Sockets Layer (SSL) technology and keeps sensitive details stored in an encrypted format via Authorize.net.
Even though Rib City has taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that Rib City cannot eliminate security risks associated with Personal Information.
Rib City displays retargeted ads to our site prospects across the Internet. We collect non-personally identifiable information about your visits to our Website, through the use of a pixel tag, which is industry standard technology used by most major web sites. No Personally Identifiable Information is collected during in this process. If you do not want Rib City to collect this information, you may opt out of this service. Opting out will not in any ways affect your use of our site. To opt-out of retargeting, please send an email to email@example.com with UNSUBSCRIBE in the subject line.
You may contact the Privacy Officer to access, correct or delete your Personal Information. If necessary, the Privacy Officer will contact another employee to assist in completing your requested task.
If you have any questions or complaints, please contact the Privacy Officer. The Privacy Officer can be reached by telephone at: (239) 275-6700; by Facsimile at: (239) 931-3103; by email at: firstname.lastname@example.org; or by mail at:
6830 Shoppes at Plantation Drive #2
Fort Myers, Florida 33912
Attn: Privacy Officer
We will address your concern and attempt to resolve any problem.
Last updated November 14, 2016