Terms Of Use - Eat At Yellow Brick House

Acceptance of the Terms of Use

This document and the other documents that we reference below constitute our Terms of Use (the “Terms”). The Terms are a legally binding contract between you and Yellow Brick House, LLC (“Yellow Brick House”, “we”, or “us”). These Terms set out your rights and responsibilities when you buy from Yellow Brick House Restaurant, so please read it carefully. By agreeing to the Terms, you agree to resolve all disputes with Yellow Brick House through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. By using any of our food services (even if you are just browsing through our site), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our food services. To access some of our food services, you may be asked to provide certain registration details or other information. It is a condition of your use of our food services and facilities that all the information you provide on is correct, current, and complete. If you’re registering as a business entity for the catering option, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.

Refund Policy. When purchasing from our restaurant all sales are final.

Our Content

Any content related to our Services is owned by Yellow Brick House, its licensors, or other providers (“Our Content”). Our Content includes the entire content of our website, its features, and functionality, including but not limited to all information, text, displays, images, video, and audio, and the designs. Our Content is protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You agree not to use Our Content in any way unless we consent in writing to your doing so.

Notices of Intellectual Property Infringement

Yellow Brick House’s goal is to respond quickly when we receive proper notice of intellectual property infringement by removing or disabling access to the allegedly infringing material. When we do so in response to a proper notice, we attempt to contact the affected user of our Services to provide information about the notice and our response, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. Additionally, Yellow Brick House may provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected user of our Services.

Disputes – Hopefully we can resolve our issues on our own, but if we can’t, you agree that the following rules shall govern any legal disputes involving our Services:

• The Terms are governed by the laws of the State of Louisiana, without regard to its conflict of laws rules, and the laws of the United States of America.

• Any dispute under these Terms will be resolved through binding arbitration, not through the court system.

• All arbitration will be conducted in Denham Springs, Louisiana unless both parties agree otherwise in writing in a specific case. All arbitration will be conducted before a single arbitrator in following the rules of the American Arbitration Association.

• No party may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. An award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any claim of anyone other than a named party, or (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph, and any attempt to do so, whether by rule, policy, and arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section shall be determined exclusively by a court in the State of Louisiana and not by the administrator or any arbitrator. Except as required by law, neither a party nor the arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of the other parties.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes. That way you can decide whether you want to continue using the food services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the food services following the changes constitutes your acceptance of the updated Terms.

Miscellaneous

The Terms, including all of the policies that make up the Terms, supersede any other agreement between us regarding the food services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms, but you may not.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Yellow Brick House, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of food products. Messages may include checkout reminders.

Cost and Frequency: Message and data rates may apply. Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at contact@eatatyellowbrickhouse.com Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.