Frisch's Big Boy | Terms & Conditions
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Terms & Conditions

Terms of Use

Welcome to frischs.com (the “Site”).  Frisch’s Restaurants, Inc., and/or its parents, affiliates and subsidiaries (collectively referred to as “Frisch’s,” “us,” “we,” or “our”) provide website features to you when you visit or shop at the Site (collectively, “Services”).  These Terms of Use govern your use of the Site and the Services.  By accessing the Site or using the Services, you agree to be bound by these Terms of Use and to comply with any applicable federal or state laws.  If you do not agree with these Terms of Use, you are not authorized to access the Site or use the Services.  For information on how we use and protect the information you may provide through the use of the Site, please read our Privacy Policy, which is located at www.frischs.com.  Please read the entire Terms of Use carefully before using the Site or the Services.

  1. Acceptable Use

In order to use the Site or the Services, you must obtain access to the Internet directly or through devices that access web-based content and pay any and all service fees, if any, associated with such access.  In addition, you agree not to: (1) use or access the Site or the Services for any purpose that is unlawful or prohibited by this Agreement; (2) use or access the Site or the Services in a manner that could damage, disable, overburden, or impair the server hosting the Site or the networks connected to any server hosting the Site; (3) interfere with any third party’s use and enjoyment of the Site or the Services; or (4) attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Site or the Services through hacking, password mining or any other means.

1.1       Use License

Subject to your compliance with these Terms of Use, we and/or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and the Services.  You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site solely for your own individual, non-commercial use, provided that: (a) you keep intact all legal notices, credits, copyright, and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the materials; and (d) you shall not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual use unless otherwise specifically authorized by us.

1.2       Commercial Use

If you wish to link, publish, frame, refer to or provide information about the Site, any of our trademarks, service marks, logos, our copyrighted material, any Services, or any other proprietary information (including images, text, page layout, or form) on any website, web page, e-mail address or the like operated by you or your affiliates, or any companies, partnerships, limited liability partnerships or any other legal entities which you have an ownership or investment interest in, you must first obtain our prior written consent to do so and enter into an agreement with us on terms designated by us.  Contact Frisch’s Big Boy restaurants marketing department if you seek to obtain our written permission to access the Site for commercial purposes.  By “commercial purposes,” we mean any activity by you, on your own behalf or on behalf of any customer, for consideration.

1.3       Links

Only with our express written consent, you may create, post, display, publish or distribute any link from your website to the home page of our Site, provided that you adhere to the following linking policy: (a) any link to our Site must be a text only link and clearly marked as one of the Registered Marks (as defined in Section 8.2 below); (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our Marks; (c) you must not “deep link” to the Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the home page of our Site; (d) you may not use any metatags or any other “hidden text” using our name or trademarks without our express, written consent; (e) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with us; (f) when selected by a user, the link must display our Site as a full-screen and not within a “frame” on the linking website; and (g) we reserve the right to revoke our consent to the link at any time and in our sole discretion.  In the event we revoke our consent to the link, you will promptly remove the link from your website and cease all linking to our Site.  Other than this limited right to link to the home page of our Site, without our express written consent, you may not create, post, display, publish or distribute any link from any website to our Site, any website which bears the Registered Marks or any variation thereof or our copyrighted materials, or to any website which refers to the Services.

1.4       Security, Cracking and Hacking

You shall not violate or attempt to violate the security of our Site or the Services.  Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site or the Services, or overloading, “flooding,” “mailbombing” or “crashing” the Site or the Services.  Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Site or the Services.

1.5       Spidering

The use of any tools, programs, robotic algorithms or products to automatically download or “spider” our Site, any of the pages of our Site or the Services, infringes on our copyrights.  Do not use any such tools or products on or in connection with our Site or the Services.

1.6       Termination

We may and will terminate your access to, and use of, our Site and the Services immediately, if we believe that your conduct fails to conform with these Terms of Use.  We further reserve the right to terminate your license to the Site and to block future access without notice and for any reason or for no reason.  Upon termination of your access to, and use of, our Site or the Services, all rights granted to you under these Terms of Use will cease immediately, and you agree that you will immediately discontinue use of our Site and the Services.  Without limiting our rights and your limitations under these Terms of Use, if you use, or attempt to use our Site, the Services, our name, trademarks and/or Registered Marks, or our copyrighted materials for any purpose other than its intended purposes (including without limitation by tampering, hacking, modifying or otherwise corrupting the security or functionality of our Site or the Services), you may also be subject to civil and criminal liability.

  1. Electronic Communications

By visiting the Site or by sending e-mails to us, you knowingly and voluntarily consent to receive communications from us electronically. We will communicate with you by e-mail or by posted notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you would like to opt out of receiving electronic communications from us, you may do so by contacting us at bigboy@frischs.com or by using the unsubscribe functions at the bottom of our communications.

  1. Right to Modify or Eliminate Services

We reserve the right to add to, eliminate, upgrade, or otherwise modify the Services from time to time, without notice to you. Any addition or modification to current Services, including without limitation any new features that augment or enhance the current Services, shall be subject to these Terms of Use.

  1. Registration Policy

In order to use certain Services, such as joining the Frisch’s electronic mailing list, you may be required to register with us.  When registering, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being “Registration Data”) and (b) promptly update the Registration Data whenever it changes to keep it true, accurate, current, and complete.

You are responsible for maintaining the confidentiality of your Registration Data (including your account name and password) and for restricting access to your computer. You agree to accept responsibility for all activities performed using your account and any losses that may occur to us due to use of your account by you or any other party. Please notify us immediately if you believe your account information has been compromised.  If you are under the age of 18, you may use the Services only with involvement of a parent or guardian.  The Site is not intended or designed to attract children under the age of 13.  We do not collect personally identifiable information from any person we actually know is under the age of 17.

  1. Reliance on Information Posted; Product and Service Descriptions

The information presented on or through the Site or from the Services is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. WITHOUT LIMITING THE FOREGOING, WITH RESPECT TO ANY PRODUCTS OR SERVICES THAT ARE DISPLAYED ON OUR SITE, WE DO NOT WARRANT THAT PRODUCT OR SERVICE DESCRIPTIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. However, we attempt to be as accurate as possible.

  1. Revisions to Site and Changes to Terms of Use

We may, at any time, for any reason update, revise, or modify the Terms of Use or make changes to the materials contained on the Site or Services without notice to you. We recommend that you periodically review the Terms of Use for changes. Your continued use of this Site after changes are posted constitutes your continued agreement to the then-current Terms of Use.

  1. External Links

The Site may contain links to third-party websites. Such links are provided for convenience only. These third-party websites are not under our control and we are not responsible for the content, accuracy, or reliability of any information contained within such websites. The inclusion of any link does not imply our endorsement or any association with the operators of the site or the content presented. Use of any linked website is at your own risk. Please review the privacy policies and terms of use posted on each website that you may link to from our Site. The Terms of Use and Privacy Policy apply only to this Site and the Services we offer. We reserve the right to remove any link from this Site, at any time, without notice to you.

  1. Intellectual Property Rights; Submitted Content

8.1       Our Copyrights.

All content included in or made available through any of the Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, streaming content, data compilations, and software is our property and is protected by United States and international copyright laws. The compilation of all content included in or made available through any of the Services is our exclusive property and is protected by U.S. and international copyright laws.

8.2       Our Trademarks.

We and/or our affiliates own several trademarks, including but not limited to “FRISCH’S®,” “BUDDIE BOY®,” “BRAWNY LAD®,” “BIG BOY®,” “FRISCH’S BIG BOY®,” and “FRISCH’S BRAWNY LAD®” (collectively, the “Registered Marks”).  In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Services are trademarks or trade dress of Frisch’s and/or its affiliates in the U.S. and other countries.  You may not use our and our affiliates’ trademarks or trade dress unless you have our express, written consent to do so. All other trademarks not owned by us that appear in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

8.3       Your Content.

In the event you post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “Content”), your Content will be allowed on our Site so long as your Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Content. We reserve the right (but not the obligation) to remove or edit your Content.

If you do post Content or submit your Content, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Content throughout the world in any media now existing or hereinafter developed. You grant us and any sublicensees the right to use the name that you submit in connection with such Content, if we or they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from the Content you supply. We have the right but not the obligation to monitor, edit, or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.

  1. Copyright Infringement Notification Process

If you are an intellectual property rights owner or an agent thereof and believe that any content included on the Site or in the Services infringes upon your intellectual property right, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further details):

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

 

  • A description to identify the copyrighted work that you claim has been infringed upon;

 

  • A description of the material that you claim is infringing on the Site;

 

  • Your address, telephone number, and e-mail address;

 

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

 

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Such information should be sent to dmca@whe-law.com.  You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.

Counternotice.  If your Content has been removed under the take-down procedure previously described in this Section 9, and you believe that the Content is not infringing, you may send a counternotice (a “Counternotice”) containing the following information to dmca@whe-law.com:

  • Your full legal name (not a business name), email address, physical address, and telephone number, and if you are sending on behalf of a business, your relationship to that business (i.e., owner, president, legal counsel, etc.);

 

  • Your physical or electronic signature;

 

  • Identification of the content that has been removed or to which access has been disabled and the URL at which the content appeared before it was removed or access to it was disabled;

 

  • The following statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Frisch’s is located, and will accept service of process from the claimant.”; and

 

  • The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

If a Counternotice is received by us, we may send a copy of the Counternotice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the Counternotice, at our sole discretion.

  1. Disclaimer of Warranties

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, DOCUMENTS, CONTENT OR OTHER MATERIALS AVAILABLE ON THE SITE, AND YOU SHOULD NOT RELY UPON THEM. WE CANNOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE 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 MAINTAIN A MEANS EXTERNAL TO OUR SITE FOR THE RECONSTRUCTION OF 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 MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

WE PROVIDE THE SERVICES AND THE SITE ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRISCH’S, ITS AFFILIATES, THEIR EMPLOYEES, DIRECTORS, NOR AGENTS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER FRISCH’S NOR ANYONE ASSOCIATED WITH FRISCH’S REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

  1. Limitation of Liability

IN NO EVENT WILL FRISCH’S, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, FRANCHISEES, EMPLOYEES, OWNERS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF KNOWN TO US AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THESE TERMS OF USE WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  1. Indemnification

You agree to indemnify, defend and hold harmless, us, our affiliates, and our and their respective owners, officers, directors, employees, agents, licensors, franchisees, representatives, and third party providers, from and against all claims, liabilities, losses, expenses, damages, judgments, awards, fees and costs (including reasonable attorneys’ fees), arising out of or relating to your violation of these Terms of Use or any other actions connected with your use of the Site or the products or services offered on the Site, including the Services.

  1. Governing Law and Jurisdiction

These Terms of Use, and any dispute arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by, and construed in accordance with, the laws of the State of Ohio disregarding any conflict of law provisions.  You and we agree to submit to the personal and exclusive jurisdiction of the courts located in Ohio.  You acknowledge that monetary damages for improper use of these Terms of Use or other breach of these Terms of Use may be inadequate; therefore, we are entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.

  1. Assignability

We may assign our rights and delegate our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer your rights or obligations, in whole or in part, under these Terms of Use to anyone else without our prior written consent.

  1. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.

  1. General Terms and Conditions Applicable to Use of the Site

These Terms of Use constitute the sole and entire agreement between you and us with respect to the Site and the Services and supersede all prior contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or the Services. You may have entered into other agreements with us or our affiliates. Those agreements are in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with us or our affiliates.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

  1. Dispute Resolution

If a dispute arises out of or relates to these Terms of Use or its breach (with the exception of rights to injunctive or equitable relief with respect to Intellectual Property Rights and obligations with respect to confidentiality), the dispute shall be resolved in binding arbitration in accordance with the following procedures: (i) the dispute must be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, (ii) any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction, (iii) the location of the arbitration shall be in Cincinnati, Ohio, and (iv) any such controversy or claim shall be arbitrated on an individual basis, and shall not be commenced, conducted or consolidated in with any claim or controversy of any other party. Notwithstanding the foregoing, we may seek injunctive or equitable relief with respect to Intellectual Property Rights, the confidentiality obligations related to the Intellectual Property Rights, and any additional confidentiality obligations, in any court having proper jurisdiction, and you consent to exclusive jurisdiction and venue in such courts.

  1. Class Action Waiver

ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND A PROCEEDING BETWEEN US AND OUR AFFILIATES, OR OUR AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, ON THE ONE HAND, AND YOU, ON THE OTHER HAND, MAY NOT BE: (I) CONDUCTED ON A CLASS-WIDE BASIS; OR (II) COMMENCED, CONDUCTED OR CONSOLIDATED WITH ANY OTHER PROCEEDING.

  1. Your Comments and Concerns

If you have any questions or concerns regarding the Terms of Use, please contact one of our customer representatives at 1-800-873-3633; e-mail us by visiting www.frischs.com, selecting the Contact Us tab and then clicking on the Virtual Comment Card or e-mail us directly at Bigboy@frischs.com; or write us at: Customer Service Frisch’s Restaurants, Inc. 2800 Gilbert Avenue Cincinnati, OH 45206-1206.

Last updated on March 6, 2017.