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Terms and Conditions

Agreement between User and ilovejacks.com

Welcome to ilovejacks.com. The ilovejacks.com website (the “Site”) is comprised of various web pages operated by Jack’s Restaurant & Bar (“JRB”). ilovejacks.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms & Conditions” or “Terms”) and to our privacy policy set forth at https://ilovejacks.com/privacy-policy-2/. (the “Privacy Policy” and, together with the Terms and Conditions, the “Terms of Use”). Your use of ilovejacks.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. If these Terms are inconsistent with the guidelines, terms, and agreements applicable to the services offered on the Site, these Terms will control. You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Site.

  1. ilovejacks.com is a Restaurant / Dining Establishment Site

Jack’s is an all-day, any-day kind of place. We’re open seven days a week for breakfast, lunch, dinner and drinks. It’s a family run business with a focus on genuine, old school hospitality. Jack’s welcomes guests with an extensive menu that reflects the Marcovici family’s Greek-American heritage and the natural bounty of their California home. You can count on Jack’s for an omelet and coffee before work and a cocktail or a beer after you’ve clocked out. Drop by for a light bite for lunch, a nice dinner, or a quick burger after the movie. We also like to party – so plan on celebrating life’s milestones with us – birthdays, graduations, engagements, weddings and more.

  1. License to Use Website and App

You are granted a non-exclusive, non-transferable, revocable license to access and use ilovejacks.com strictly in accordance with these Terms. All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of JRB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You may view, forward links, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not (a) sell, rent or sub-license material from the Site; (b) reproduce, duplicate, copy or otherwise exploit material on this Site for a commercial purpose; or (c) edit or otherwise modify any material on the Site. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of JRB and the copyright owner. You agree that you do not acquire any ownership rights in any protected Content. We do not grant you any licenses, express or implied, to the intellectual property of JRB, or our licensors except as expressly authorized by these Terms.

As a condition of your use of the Site, you warrant to JRB that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. JRB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

  1. Acceptable & Prohibited Use

(a) Acceptable Use. You may use the Site: (a) to inquire about the goods and services provided at JRB locations and through JRB catering; (b) purchase products and services offered by JRB; (c) make reservations for select JRB locations; and (d) find JRB locations.

(b) Prohibited Use. You must not: (a) use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) you must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; (c) you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Site without our express written consent; (d) you must not use this Site to transmit or send unsolicited commercial communications; and (e) you must not use this Site for any purposes related to marketing without our express written consent.

  1. User Content

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this Site and JRB’s social media channels for whatever purpose. You grant to JRB a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to JRB the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or JRB or a third party (in each case under any applicable law). You must not submit any user content to the Site or JRB’s social media channels that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted, hosted, or published to this Site, our social media channels, or material that is stored on our servers.

  1. Purchases & Reservations on the Site

(a) Gift Cards. You may purchase gift cards that may be used at any JRB location. Gift cards may be purchased for an amount of your choosing, and may be delivered to the recipient via email or U.S. mail. Should you have any questions regarding a JRB gift card you have either purchased or received, please contact us at (925) 300-3759.

(b) Pick-Up Orders.  You may place online food orders for pickup at all of our locations by visiting https://ilovejacks.alohaorderonline.com/. All the online orders for pickup are prepaid by credit card and processed by Hospitality Control Solutions. All credit card billing information is collected and stored by Hospitality Control Solutions.

To place orders online for pick-up, you must create a JRB account. To create an account, you must provide the following information: (a) your full name, (b) email address, (c) phone number, (d) password, and (e) security question. This information is required to place online orders for pick-up.

(c) Delivery Orders. Orders for delivery service from all of our locations can be made through DoorDash and GrubHub. Links to our delivery menu can be found at https://ilovejacks.com/order/. Delivery orders are processed by either DoorDash or GrubHub and delivered by DoorDash or GrubHub employees and/or contractors. You may view DoorDash’s Terms of Service at https://help.doordash.com/consumers/s/terms-and-conditions-us?language=en_US. You may view GrubHub’s Terms of Service at https://www.grubhub.com/legal/privacy-policy. All delivery orders are prepaid by credit card. Credit card billing information is processed and stored by the provider you placed your delivery order with.

(d) Reservations. You may make reservations for all of our locations through the Yelp tool on our Site at https://ilovejacks.com/reservations/. Yelp will collect your name, email address and phone number to process the reservation. To view Yelp’s Terms of Service, please visit https://terms.yelp.com/tos/en_us/20200101_en_us/.

  1. Complimentary WiFi

JRB provides complimentary WiFi to our customers at all of our locations. The following are considered prohibited uses of our complimentary WiFi network: (a) use of the WiFi network in any way that causes, or may cause, damage to the WiFi network or impairment of the availability or accessibility of the WiFi network, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (b) you must not use this WiFi to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software; and (c) you must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this WiFi network without our express written consent.

  1. Privacy

Your use of ilovejacks.com is subject to JRB’s Privacy Policy. Please review our Privacy Policy at https://ilovejacks.com/privacy-policy-2/, which also governs the Site and informs users of our data collection practices.

  1. Electronic Communications and Notices

Visiting ilovejacks.com or sending emails to JRB constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

  1. Children Under Thirteen

JRB does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18), you may use ilovejacks.com only with permission of a parent or guardian. Please see our Privacy Policy at https://ilovejacks.com/privacy-policy-2/ for additional information regarding how we treat information collected from persons under the age of thirteen (13).

  1. Links to Third Party Sites/Third Party Services

ilovejacks.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of JRB and JRB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JRB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JRB of the site or any association with its operators.

Certain services made available via ilovejacks.com are delivered by third party sites and organizations as described in Section 5 above. By using any product, service, or functionality originating from the ilovejacks.com domain, you hereby acknowledge and consent that JRB may share such information and data with any third party with whom JRB has a contractual relationship to provide the requested product, service, or functionality on behalf of ilovejacks.com users and customers.

  1. Third Party Accounts

You will be able to connect your JRB account to third-party accounts. By connecting your JRB account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, please do not use this feature.

  1. International Users

The Service is controlled, operated, and administered by JRB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JRB Content accessed through ilovejacks.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

  1. Intellectual Property

(a) Protection of Intellectual Property. The Site in its entirety, the domain name, the contents, and any information or material on them are protected under the relevant copyright, trademark, patent, and other intellectual property laws, unless otherwise specified herein. The content of the Site includes, but is not limited to, logos, trade names, word marks, design marks, trademarks, designs, text, images, graphics, pictures, information, videos, software, sound files, other files, and the arrangement thereof (“Intellectual Property”) all of which are the property of JRB or our licensors.

(b) Prohibited. You shall not appropriate, copy, publicly display, reproduce, modify, republish, upload, post, transmit, scrape, collect, distribute, reverse engineer, or use the Intellectual Property from the Site for any other purpose other than the Acceptable Purpose as described in these Terms. Any such unauthorized use may violate copyright, patent, trademark, and any other applicable laws and could result in criminal or civil penalties. In addition, the look and feel of our Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark and/or trade dress of JRB and may not be copied, imitated or used, in whole or in part, without prior written consent.

  1. Indemnification

(a) Indemnification by You. You agree to indemnify, defend and hold harmless JRB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Indemnified Claims include, without limitation, claims arising out of or related to JRB’s negligence. Indemnitor’s obligations in the preceding sentence include retention and payment of attorneys and payment of court costs, as well as settlement at Indemnitor’s expense and payment of judgments.

(b) Mutual Indemnification. Each party (“Indemnitor”) shall defend and indemnify the other party (“Indemnified Party”) and its directors, officers, employees, contractors, agents, assigns, and successors, if applicable, against any third party claim, suit, or proceeding arising out of, related to, or alleging any of the following (any “Indemnified Claim”): (i) unauthorized disclosure or exposure of personally identifiable information resulting from Indemnitor’s acts or omissions or from those of its contractors; (ii) injury to or death of any individual, or any loss of or damage to real or tangible personal property, resulting from Indemnitor’s acts or omissions or from those of its contractors; or (iii) intellectual property infringement by software or content Indemnitor contributed to the Site. Indemnitor’s obligations in the preceding sentence include retention and payment of attorneys and payment of court costs, as well as settlement at Indemnitor’s expense and payment of judgments.

(c) Litigation. Indemnitor’s obligations set forth in Subsections (a) and (b) above will be excused to the extent that the Indemnified Party’s or any director, officer, employee, contractor, agent, assign, or successor of the Indemnified Party, if applicable, of the Indemnified Party’s failure to provide prompt notice of the Indemnified Claim or reasonably to cooperate materially prejudices the defense. Indemnitor will control the defense of any Indemnified Claim, including appeals, negotiations, and any settlement or compromise thereof; provided the Indemnified Party will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects one of them to any ongoing affirmative obligations.

  1. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

  1. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and JRB agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

  1. Warranties & Limitation of Liability Disclaimers

(a) Site Contents. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JACK’S RESTURANT & BAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

(b) As-Is Warranty. JACK’S RESTURANT & BAR AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. JACK’S RESTURANT & BAR AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

(c) Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JACK’S RESTURANT & BAR AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JACK’S RESTURANT & BAR OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. THE LIABILITIES LIMITED BY THIS SECTION  APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT, OR OTHERWISE; (iii) EVEN IF JACK’S RESTAURANT AND BAR IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF THE GUEST’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, Jack’s Restaurant & Bar’s liability will be limited to the maximum extent permissible.

  1. Termination

(a) Termination by JRB. JRB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.

(b) Termination by User. You have the right to terminate your JRB account at any time by visiting [INSERT URL].

  1. Miscellaneous 

(a) Governing Law. This agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

(b) Entire Agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JRB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JRB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

(c) Severability. To the extent permitted by applicable law, you and JRB hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

(d) Assignment. JRB may transfer, sub-contract, or otherwise deal with JRB’s rights and/or obligations under these Terms without notifying you or obtaining your consent. An assignment authorized pursuant to the preceding sentence shall not become effective unless and until the assignee agrees in writing to be bound by all the assigning party’s rights and obligations set forth in these Terms and Conditions. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under the Terms.

(e) Changes to Terms. JRB reserves the right, in its sole discretion, to change the Terms under which ilovejacks.com is offered. The most current version of the Terms will supersede all previous versions. JRB encourages you to periodically review the Terms to stay informed of our updates.

(f) Waiver. Neither you nor JRB will be deemed to have waived any of its rights under this Agreement by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver of a breach of this Agreement will constitute a waiver of any other breach of this Agreement.

(g) Force Majeure. No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by acts of war, terrorism, hurricanes, earthquakes, other acts of God or of nature, strikes or other labor disputes, riots or other acts of civil disorder, embargoes, or other causes beyond the performing party’s reasonable control.

 

Contact Us

JRB welcomes your questions or comments regarding the Terms:

 

Jack’s Restaurant & Bar

42 Hamar St.

Pleasant Hill, CA 94523

 

 

Email Address:

info@ilovejacks.com

 

Telephone number:

(650) 350-1077

 

Effective as of June 16, 2020

 

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