Terms of Service

Please read these Terms of Service carefully before using the website located at giordanosgrill.rest (the "Website") or any services offered by Giordano's Grill ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and Giordano's Grill.

1. Acceptance of Terms

By accessing or using our Website, placing an order, making a reservation, subscribing to our mailing list, or otherwise engaging with any service offered by Giordano's Grill, you ("User," "Customer," or "you") agree to be fully bound by these Terms of Service, our Privacy Policy, and all applicable federal, state, and local laws and regulations of the United States. If you do not agree to any portion of these Terms, you must immediately discontinue your use of the Website and our services.

These Terms apply to all visitors, registered users, customers, and any other parties who interact with Giordano's Grill through any channel, whether in person, online, via telephone, or through third-party platforms. Your continued use of the Website and services following the posting of any updates to these Terms constitutes your acceptance of those changes.

If you are using our Website or services on behalf of a business entity, organization, or other legal person, you represent and warrant that you have the authority to bind such entity to these Terms, and the term "you" shall refer collectively to you and such entity.

2. Description of Services

Giordano's Grill is a food service establishment that provides the following products and services:

• Dine-In Services: In-restaurant dining experiences, including table service, catering to walk-in customers and those with reservations.
• Takeout and Carry-Out Orders: Customers may place orders for food and beverages to be picked up at our establishment.
• Delivery Services: Where available, food and beverages may be delivered to specified addresses, either directly by Giordano's Grill or through authorized third-party delivery platforms.
• Online Ordering: Customers may use the Website or integrated third-party platforms to browse our menu, customize orders, and complete purchases.
• Catering Services: We may offer catering services for private events, corporate functions, and group gatherings, subject to separate catering agreements.
• Gift Cards and Promotions: From time to time, we may offer gift cards, loyalty programs, special promotions, and discount offers.
• Reservations: Customers may book tables through the Website or by telephone, subject to availability.
• Informational Content: The Website provides general information about our menu, hours of operation, location, contact details, and news about Giordano's Grill.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of services.

3. Eligibility and User Obligations

3.1 Eligibility

To use our Website and services, you must be at least thirteen (13) years of age. If you are under eighteen (18) years of age, you may only use our services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our services, you represent and warrant that you meet these eligibility requirements.

Certain services, including but not limited to the purchase of alcoholic beverages where permitted by law, are restricted to individuals who are twenty-one (21) years of age or older. Giordano's Grill strictly complies with all applicable federal and state alcohol regulations, including those enforced by the relevant state alcohol control authority.

3.2 Account Registration

Some features of our Website may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your account.

3.3 User Obligations

When using our Website and services, you agree to:

• Provide truthful and accurate information when placing orders, making reservations, or creating an account.
• Use the Website and services only for lawful purposes and in compliance with all applicable federal, state, and local laws.
• Treat Giordano's Grill staff, employees, and other customers with respect and dignity, both online and in person.
• Promptly pay for all goods and services ordered or consumed.
• Notify us of any food allergies, dietary restrictions, or special requirements prior to placing your order.
• Honor reservation commitments and notify us in a timely manner if you are unable to keep a reservation.

3.4 Prohibited Activities

You agree that you will not:

• Use the Website or services for any unlawful, fraudulent, or deceptive purpose.
• Attempt to gain unauthorized access to any portion of the Website, our servers, or any systems or networks connected to the Website.
• Use automated tools, bots, scrapers, or similar technologies to access, extract data from, or interact with the Website without our prior written consent.
• Post, transmit, or otherwise distribute any content that is defamatory, obscene, threatening, harassing, or otherwise objectionable.
• Submit false or misleading reviews, ratings, or feedback about Giordano's Grill or its products and services.
• Use our intellectual property, including our name, logo, images, or content, without prior written authorization.
• Interfere with or disrupt the integrity or performance of the Website or any related services.
• Engage in any conduct that could damage, disable, or impair the Website or our reputation.
• Collect or harvest any personally identifiable information from the Website without our consent.
• Use the Website in any manner that could violate the rights of any third party, including intellectual property rights, privacy rights, or contractual rights.
• Attempt to circumvent any security measures, access controls, or content restrictions implemented on the Website.
• Engage in any activity that could expose Giordano's Grill to civil or criminal liability.

Violation of any of the foregoing prohibited activities may result in the immediate termination of your access to our Website and services, and may subject you to legal action.

4. Ordering, Payment, and Pricing

4.1 Orders and Accuracy

When you place an order through our Website or in person, you are making an offer to purchase the specified food and beverages subject to availability and these Terms. We reserve the right to accept, reject, or cancel any order at our sole discretion. In the event we cancel an order after payment has been received, we will provide a full refund using the original payment method.

Menu items, descriptions, prices, and availability are subject to change without notice. While we strive to maintain accurate menu and pricing information on our Website, errors may occasionally occur. In the event of a pricing error, we reserve the right to cancel the affected order and notify you of the discrepancy.

4.2 Payment Terms

Payment for all food, beverages, and services must be made in full at the time of purchase or as otherwise specified. We accept major credit cards, debit cards, and such other payment methods as may be indicated on the Website or at our establishment. All transactions are processed in United States Dollars (USD).

By providing payment information, you represent and warrant that: (a) you are authorized to use the designated payment method; (b) the payment information you provide is true, correct, and complete; and (c) you authorize us to charge your payment method for the total amount of your order, including applicable taxes, fees, and gratuities where applicable.

4.3 Taxes and Fees

All prices displayed are subject to applicable sales tax as required by federal and state law. Delivery fees, service fees, and gratuities, where applicable, will be disclosed prior to the completion of your order. You are responsible for all taxes, fees, and charges associated with your order.

4.4 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• In-Person Orders: If your order does not meet our quality standards or you receive an incorrect item, please notify a staff member immediately. We will make every reasonable effort to correct the issue.
• Online Orders: Cancellations of online orders may be possible if requested within a limited time window before the order is prepared. Please contact us immediately at [email protected] if you need to cancel an order.
• Catering Orders: Cancellation policies for catering services will be specified in the applicable catering agreement.

4.5 Gift Cards and Promotions

Gift cards and promotional credits issued by Giordano's Grill are non-transferable, have no cash value unless required by applicable law, and may not be redeemed for cash. We are not responsible for lost, stolen, or damaged gift cards. Promotional offers are subject to specific terms and expiration dates as disclosed at the time of the offer.

5. Food Allergen and Dietary Information

Giordano's Grill takes food safety and customer health seriously. However, our kitchen environment may contain or have been exposed to common allergens, including but not limited to peanuts, tree nuts, dairy, eggs, wheat, soy, fish, and shellfish. We cannot guarantee that any menu item is completely free from allergens due to the risk of cross-contamination during food preparation.

It is your sole responsibility to inform our staff of any food allergies, dietary restrictions, or medical conditions before placing your order. While we will make reasonable efforts to accommodate your needs, we cannot guarantee that all dietary requirements can be fully met. By consuming our food products, you acknowledge and accept this risk.

6. Intellectual Property Rights

All content available on the Website, including but not limited to text, graphics, logos, images, photographs, menu items, recipes, audio clips, video clips, digital downloads, data compilations, and software, is the property of Giordano's Grill or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The Giordano's Grill name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Giordano's Grill or its affiliates. You may not use such marks without the prior written permission of Giordano's Grill. All other names, logos, and marks appearing on the Website are the property of their respective owners.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes only. This license does not include the right to:

• Modify, copy, reproduce, republish, upload, post, transmit, or distribute any content from the Website.
• Sell, rent, lease, license, or otherwise exploit any content from the Website for commercial purposes.
• Create derivative works based on any content from the Website.
• Reverse engineer, disassemble, or decompile any software available on or through the Website.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Website.

Any unauthorized use of our intellectual property may violate copyright, trademark, privacy, and other laws, and could result in criminal or civil penalties. We actively monitor and enforce our intellectual property rights.

7. Third-Party Services and Links

The Website may contain links to third-party websites, applications, or services, including but not limited to third-party delivery platforms, social media platforms, and payment processors. These third-party services are not controlled by Giordano's Grill, and we are not responsible for their content, privacy practices, or terms of use.

The inclusion of any link to a third-party website does not imply our endorsement or approval of that website or its content. We encourage you to review the terms of service and privacy policies of any third-party services you access through our Website. Your interactions with third-party services are solely between you and the respective third party.

8. Disclaimers

8.1 As-Is Basis

THE WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS OFFERED BY GIORDANO'S GRILL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GIORDANO'S GRILL EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2 No Warranty of Accuracy

While we strive to provide accurate and up-to-date information on our Website, we do not warrant that the content of the Website is accurate, complete, reliable, current, or error-free. Information regarding menu items, pricing, availability, hours of operation, and promotions may be subject to change at any time without notice.

8.3 Service Availability

We do not warrant that the Website will be available at all times, uninterrupted, or free from technical errors or security vulnerabilities. We reserve the right to suspend or restrict access to the Website at any time for maintenance, updates, or any other reason, without prior notice or liability.

8.4 Health and Safety

While Giordano's Grill complies with all applicable food safety regulations enforced by the United States Food and Drug Administration (FDA) and applicable state and local health authorities, we do not warrant that our food products are suitable for individuals with specific medical conditions, allergies, or dietary restrictions beyond the general disclosures made available to customers.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIORDANO'S GRILL, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH:

• Your access to, use of, or inability to use the Website or our services.
• Any conduct or content of any third party on or through our Website.
• Any content obtained from the Website.
• Unauthorized access, use, or alteration of your transmissions or data.
• Any food allergen reactions or dietary-related incidents resulting from your failure to disclose relevant health information.
• Any inaccuracies in the Website content, including menu descriptions, pricing, or promotional information.

IN ALL CASES, GIORDANO'S GRILL'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GIORDANO'S GRILL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Giordano's Grill, its owners, officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service.
• Your use of the Website or services in a manner not authorized by these Terms.
• Your violation of any applicable federal, state, or local law, regulation, or ordinance.
• Your infringement of any intellectual property or other rights of any person or entity.
• Any content you submit, post, or transmit through the Website.
• Your negligence, willful misconduct, or fraudulent behavior.
• Any claim arising from your failure to disclose food allergies or dietary restrictions.

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You may not settle any such claim without our prior written consent.

11. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Website and services, you consent to our collection and use of your personal information as described in our Privacy Policy.

To the extent applicable, we comply with the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission Act (FTC Act) governing consumer protection and data privacy practices in the United States. Users who are California residents may have additional rights regarding their personal information as outlined in our Privacy Policy.

12. User-Generated Content and Reviews

If you submit reviews, comments, feedback, photographs, or any other content to our Website or social media platforms associated with Giordano's Grill ("User Content"), you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content in connection with our services and business operations.

You represent and warrant that: (a) you own or have the right to submit the User Content; (b) the User Content does not violate the rights of any third party; and (c) the User Content is accurate and not misleading. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise inappropriate.

13. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the United States and the applicable state law of the state in which Giordano's Grill is registered and operates, without regard to its conflict of law principles. Any legal action or proceeding arising under or related to these Terms shall be brought exclusively in the federal or state courts of competent jurisdiction within the United States, and you hereby consent to the personal jurisdiction and venue of such courts.

These Terms are subject to all applicable federal laws of the United States, including the Federal Trade Commission Act (15 U.S.C. § 45 et seq.) governing unfair or deceptive acts or practices in commerce. Nothing in these Terms shall be construed to limit any rights you may have under applicable consumer protection laws.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services (collectively, "Dispute") by contacting us directly at [email protected]. We will make good-faith efforts to resolve the Dispute within thirty (30) days of receiving your complaint. If the Dispute is not resolved within that period, either party may proceed with formal dispute resolution as outlined below.

14.2 Binding Arbitration

Except for claims that qualify for small claims court, any Dispute that cannot be resolved informally shall be resolved through binding arbitration administered by a recognized arbitration organization in the United States, in accordance with its applicable rules and procedures. The arbitration shall be conducted in English, in the state in which Giordano's Grill operates, unless both parties agree otherwise.

The arbitrator shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

YOU AND GIORDANO'S GRILL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If a court or arbitrator finds that this class action waiver is unenforceable for any reason, then the arbitration agreement shall be null and void, and the parties shall resolve such Dispute in court.

14.4 Exceptions

Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or other proprietary rights.

15. Term and Termination

These Terms of Service shall remain in full force and effect for as long as you access or use the Website or any of our services. We reserve the right, in our sole discretion, to terminate or suspend your access to the Website and services, with or without notice and without liability, for any reason, including but not limited to:

• Your violation of any provision of these Terms.
• Your engagement in conduct that we determine, in our sole discretion, to be harmful to other customers, employees, or our business.
• A request by law enforcement or other government authority.
• Circumstances beyond our reasonable control.
• Discontinuation or material modification of our services.

Upon termination, your right to use the Website and services shall immediately cease. Provisions of these Terms that by their nature should survive termination, including but not limited to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law, shall survive any termination of these Terms.

16. Changes to Terms of Service

We reserve the right to modify, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you via email or a prominent notice on the Website.

It is your responsibility to review these Terms periodically for any changes. Your continued use of the Website or our services after any modifications to these Terms constitutes your binding acceptance of the updated Terms. If you do not agree to the revised Terms, you must cease using the Website and our services immediately.

17. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be deemed severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms, which shall continue in full force and effect.

The failure of Giordano's Grill to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any particular breach or default shall not constitute a waiver of any subsequent breach or default.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other policies or agreements incorporated herein by reference, constitute the entire and exclusive agreement between you and Giordano's Grill with respect to your use of the Website and our services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

No oral or written information or advice given by Giordano's Grill, its agents, employees, or representatives shall create any warranty or in any way increase the scope of these Terms. You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

19. Force Majeure

Giordano's Grill shall not be liable for any failure or delay in the performance of its obligations under these Terms arising out of or caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, government orders or regulations, civil unrest, acts of terrorism, power outages, supply chain disruptions, or failures of third-party service providers. In such circumstances, our obligations shall be suspended for the duration of the force majeure event.

20. Accessibility

Giordano's Grill is committed to providing an accessible experience for all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and applicable federal and state accessibility requirements. If you experience any difficulty accessing any portion of our Website or services, please contact us at [email protected] so that we may assist you or provide alternative means of access.

21. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us using the information provided below. We are committed to addressing your inquiries in a timely and professional manner.