Terms of Use

 

These Terms of Use were last updated on May 31, 2017.

 

Acceptance of Terms of Use

 

The following terms and conditions, together with any documents expressly incorporated by reference (collectively, these “Terms of Use”) govern your use of the online and mobile web site (the "Website" or, collectively, the "Websites"), owned and/or operated by Junior’s Cheesecake and its affiliates and franchisees (hereinafter “Junior's”). These Terms of Use govern your access to and use of the Websites, including content, functionality and services offered on or through the Websites.

 

Please read these Terms of Use carefully before you start to use or view the Websites. By accessing, viewing, or using the Websites, you accept and agree to be bound by and abide by these Terms of Use and our Privacy Policy, which can be found by clicking on the “Privacy Policy” link at the bottom footer of the Websites’ web pages, and is incorporated herein by reference. These Terms of Use are an ongoing contract between you and Junior's and apply to your use of the Websites. These Terms of Use affect your rights and you should read them carefully. If you do not agree to these Terms of Use or the Privacy Policy, you should not use the Websites.

 

The Websites are offered and available only to users who are either more than 18 years of age, or users who possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, persons under 13 years of age may not use or access the Websites. If you are not at least 13 years old, you must not use, access, sign-up with, or register with the Website.

Changes to Terms of Use

Junior’s may revise and update these Terms of Use from time to time, in our sole and absolute discretion, with or without notice to you. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" link located at the bottom of the pages of the online Website. The most current version of the Terms of Use will supersede all previous versions. Your continued use of the Websites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Privacy and Personal Information

Junior’s is committed to protecting the privacy of the personal information you provide us on the Websites. Any information submitted on the Websites is subject to our Privacy Policy, the terms of which are incorporated herein. In the event any breach of private information, you consent to be informed electronically of the breach at your last known email address.

Accessing Your Account and Account Security

If you use the Websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

Junior’s reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Junior’s Websites

These Terms of Use apply to all users of the Websites, including users who are also contributors of information and other materials or services on the Websites. The Websites may contain links to third party websites or applications, or may be made available through third party devices, that are not owned or controlled by Junior’s. Junior’s has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, applications or devices. By using the Websites, you expressly relieve Junior's from any and all liability arising from your use of any third-party website, application or device. We encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website, application and device that you visit.

Access to the Websites

Junior's hereby grants you permission to view and use the Websites as set forth in this Terms of Use, provided that: (i) your use of the Websites as permitted are solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites in any medium without Junior's prior written authorization; (iii) you will not alter or modify any part of the Websites; and (iv) you will otherwise comply with the provisions of these Terms of Use.


In order to access some features of the Websites, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Although Junior's will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Junior's or others due to such unauthorized use.


You agree not to use any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites in a manner that sends more request messages to the Junior's servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, Junior's grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Junior's reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes.


Intellectual Property Rights

The content on the Websites, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Junior's, subject to intellectual property rights, and may not be used without permission. Content on the Websites is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Junior's reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.

Digital Millennium Copyright Act

 

If you believe that any content of the Websites has been copied in a way that constitutes copyright infringement, please provide us with the following information in accordance with the Digital Millennium Copyright Act ("DMCA"):

 

  • Identification of the copyrighted work claimed to have been infringed;

 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

 

  • Your contact information, including your address, telephone number, and an email address;

 

  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

 

  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and

 

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

 

All notices of claimed copyright infringement should be directed by email to Copyright Agent at info@juniorscheesecake.com or by phone at 718-388-0482. Only DMCA notices should go to these contacts. Any other feedback, comments, requests for technical support, and other communications should be directed to Junior's customer service at info@juniorscheesecake.com.


Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE JUNIOR’S WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JUNIOR’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. JUNIOR’S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE JUNIOR’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. JUNIOR’S DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JUNIOR’S WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limitation of Liability

IN NO EVENT WILL JUNIOR’S, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES OR APPLICATIONS LINKED TO THE WEBSITES, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES OR APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


The Websites are controlled and offered by Junior's from its facilities in the United States of America. Junior's makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Websites from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnification

You agree to defend, indemnify and hold harmless Junior’s, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, any use of the Websites' content, services and products other than as expressly authorized in these Terms of Use, or your use of any information or materials obtained from the Websites.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Junior's without restriction.

Junior's Intellectual Property

The Websites contain trademarks owned and used by Junior's, and its subsidiaries and affiliates. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Websites are the trademarks of their respective owners.

The text, graphics and html code contained in the Websites are the exclusive property of Junior's. The text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of Junior's.

The Websites may link to sites not maintained by or related to Junior's. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with the Websites or Junior's. Junior's has not reviewed the sites hyper-linked to or from the Websites and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Junior's makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Websites. Furthermore, Junior's does not implicitly endorse third-party sites hyper-linked to the Websites.

Governing Law and Jurisdiction

 

You agree that: (i) the Websites shall be deemed solely based in Kings County, New York; and (ii) the Websites shall be deemed passive websites that do not give rise to personal jurisdiction over Junior's, either specific or general, in jurisdictions other than Kings County, New York. All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the County of Kings. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

 

No waiver by Junior’s of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Junior’s to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Termination of Use

 

Junior’s may, in it’s sole and absolute discretion, suspend or terminate your use of the Websites at any time for any reason. You remain personally liable for any orders placed prior to suspension or termination.