Terms & Conditions
- 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
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.
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.
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.
- 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 firstname.lastname@example.org or by using the unsubscribe functions at the bottom of our communications.
- Right to Modify or Eliminate Services
- 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.
- 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.
- External Links
- 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.
- 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 email@example.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 firstname.lastname@example.org:
- 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.
- 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.
- Limitation of Liability
- Governing Law and Jurisdiction
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.
- General Terms and Conditions Applicable to Use of the Site
- Dispute Resolution
- Class Action Waiver
- Your Comments and Concerns
Last updated on March 6, 2017.