Terms & Conditions

The Habit Burger Grill Terms and Conditions

These Terms and Conditions govern your use of all websites (including http://www.habitburger.com), properties, and services (collectively, the “Services”) owned or operated by The Habit Burger Grill (“Habit Burger”). Please read these Terms and Conditions carefully before you start to use the Services. By using the Services, you signify your acceptance of these Terms and Conditions, and the terms of our Privacy Policy. If you do not agree to these Terms and Conditions or the terms of our Privacy Policy, you should not use the Services.

Accessing and Using the Services

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. By using the Services, you represent that you are 13 years or older. If you are under the age of 13 years, you agree not to use the Services. We reserve the right to withdraw or amend the Services in our sole discretion without notice.

You may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete. If you choose a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.

You may link to the Services or other pages owned or operated by us, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

If the Services contain links to other websites provided by third parties, these links are provided for your convenience only. We have no control over the content of those websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Services are operated by us from our offices within the State of California in the United States of America. You may not use or export the Services’ content in violation of applicable export laws and regulations. The Services’ content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration or other requirement within such jurisdiction or country. We reserve the right to limit access or availability of the Services to any person, geographic region or jurisdiction.

CharClub

(A) In order to access our CharClub, you may have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information.

(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a unique user name using your email address (a “Membership”). Duplicate email addresses and/or auto-generated email addresses will not be accepted. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to Contact Us immediately if you become aware of any breach of security or unauthorized use of your Membership.

(C) We reserve the right in our sole discretion and at any time to terminate or suspend your Membership and any offers associated with it and/or block your use of our Services for any reason including, without limitation if you have failed to comply with the letter and spirit of the CharClub and The Habit Burger Grill Privacy Policy. You agree that The Habit Burger Grill is not liable to you or any third party for any termination or suspension of your Membership or for blocking your use of our Services.

Our Intellectual Property Rights

The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Habit Burger Grill, Respect the Burger, Char More. Charge Less. There’s No Substitute for Quality! and each of their logos are the trademark of Habit Burger. You must not use such marks without our prior written permission. All other trademarks appearing on the Services are the property of their respective owners. Certain elements of the Habit Burger’s mobile app are licensed pursuant to one or more of the United States patents described at http://www.35usc287.com/mobile.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful content that may infect your computer equipment, computer programs, data or other proprietary content due to your use of the Services or to your downloading of any content posted on the Services.

Your use of the Services and their content is at your own risk. The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither we nor anyone associated with us represents or warrants that the Services or content thereon will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services or the server making the Services available are free of viruses or other harmful components or that the Services will otherwise meet your needs or expectations.

We hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitations on Liability

In no event will we, our affiliates, licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Services, any websites linked thereto, any content of the Services or content obtained or purchased through the Services, including any direct, indirect, special incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Dispute Resolution

If you feel that we are not abiding by these Terms and Conditions, you should first contact us by email at marketing@habitburger.com.

Any controversy or claim arising out of or relating to these Terms and Conditions, our Privacy Policy, or your use of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you will seek relief only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration shall be conducted in Orange County, in the State of California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

These Terms and Conditions and all disputes or controversies arising out of or relating to these Terms and Conditions and/or your use of the Services shall be governed by, and construed in accordance with, the laws of the State of California without regard to conflicts of laws provisions that would require the laws of another jurisdiction to apply.

To the fullest extent permitted by law, you shall indemnify us and all of our officers, employees, directors, owners, agents, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses and liabilities, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim by a third party arising from or related to your breach of these Terms and Conditions, your use of the Services, any misrepresentation or breach of representation or warranty made by you contained herein or any breach of any covenant or agreement to be performed by you hereunder. You shall cooperate as fully as reasonably required in the defense of any such claim.

Waiver, Severability, and Merger

No waiver of these Terms and Conditions by Habit Burger shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Habit Burger to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions 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 and Conditions will continue in full force and effect.

These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings between you and us with respect to the subject matter hereof.

Changes to our Terms and Conditions

We retain the discretion to amend or modify these Terms and Conditions from time to time. If we make material changes to these terms, we will notify you by posting a clear announcement on the website. Your continued access to or use of the Services following constructive notice of material changes to these Terms and Conditions shall constitute consent to any amendments and/or modifications.

How to Contact Us

We welcome any questions or comments about these Terms and Conditions or our Privacy Policy. Any such comments or questions should be submitted via e-mail to marketing@habitburger.com.

Effective Date of these Terms and Conditions

These Terms and Conditions were last modified on March 6, 2017 and are effective as of that date.