Terms of Service

Please read these Terms of Service ("Terms," "Agreement") carefully before using the website located at giordanos.click (the "Website") or any services offered by Giordanos ("Company," "we," "us," or "our"). By accessing or using our Website or placing an order through our platform, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must immediately discontinue use of this Website and all associated services.

1. Acceptance of Terms

By accessing, browsing, or otherwise using the Website at giordanos.click, or by clicking "I Agree," completing a registration, or placing an order, you enter into a legally binding agreement with Giordanos. This Agreement is effective as of the date you first access or use the Website.

You represent and warrant that:

• You are at least 18 years of age, or the age of majority in your state or jurisdiction, whichever is greater;
• You have the legal capacity and authority to enter into this Agreement;
• You are not prohibited by any applicable law from using this Website or ordering food products;
• All information you provide to us is accurate, current, and complete;
• Your use of this Website does not violate any applicable federal, state, or local law or regulation.

If you are using this Website on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to "you" shall include both the individual user and such entity.

2. Description of Services

Giordanos operates as a food service business providing customers with the ability to browse our menu offerings, place food orders, and, where applicable, arrange for delivery or pickup services through our Website at giordanos.click. Our services include but are not limited to:

• Online Menu Browsing: Access to our current food and beverage menu, including descriptions, pricing, and available customization options;
• Online Ordering: The ability to place orders for food and beverages for pickup or delivery through our Website;
• Account Management: Creation and management of a personal user account for streamlined ordering, order history access, and saved preferences;
• Promotions and Loyalty Programs: Access to special offers, discounts, coupons, and loyalty reward programs as made available from time to time;
• Customer Support: Assistance with questions, complaints, feedback, and order-related concerns via our contact channels;
• Nutritional and Allergen Information: Access to information regarding ingredients, nutritional content, and common allergens to the extent provided on our Website.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without prior notice, and without liability to you. We do not guarantee that any particular menu item will be available at any given time. Menu items, prices, and availability are subject to change without notice.

3. User Accounts and Registration

Certain features of our Website may require you to create a user account. When registering for an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account login credentials, including your password;
• Accept full responsibility for all activities that occur under your account;
• Immediately notify us at [email protected] upon discovering any unauthorized use of your account or any other breach of security.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, if we reasonably believe that you have violated these Terms or engaged in any fraudulent, abusive, or otherwise inappropriate conduct. You may not create multiple accounts for deceptive or abusive purposes. You are solely responsible for all activities conducted through your account.

4. User Obligations and Prohibited Activities

As a condition of using our Website and services, you agree to use them only for lawful purposes and in accordance with these Terms. You agree that you will not, under any circumstances:

4.1 General Prohibited Conduct

• Use the Website for any unlawful, harmful, fraudulent, deceptive, or abusive purpose;
• Violate any applicable federal, state, local, or international law or regulation, including but not limited to the Federal Trade Commission Act (FTC Act), applicable food safety regulations, and consumer protection laws;
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• Provide false, misleading, or inaccurate information in connection with your account or any order;
• Engage in any conduct that restricts or inhibits any other person's use or enjoyment of the Website;
• Collect or harvest any personally identifiable information from the Website without our express written consent;
• Use the Website for any commercial solicitation purposes without our prior written consent.

4.2 Technical Prohibited Conduct

• Attempt to gain unauthorized access to any portion of our Website, servers, databases, or any other systems connected to our Website;
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
• Attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from our servers;
• Use any automated tools, bots, scrapers, or similar data-gathering methods to extract data from our Website without express written permission;
• Use the Website in any manner that could disable, overburden, damage, or impair our Website or servers;
• Circumvent, disable, or otherwise interfere with security-related features of the Website.

4.3 Content-Related Prohibited Conduct

• Post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Submit false or misleading reviews, ratings, or feedback regarding our products or services;
• Engage in any activity that infringes upon or violates the intellectual property rights or privacy rights of Giordanos or any third party.

Violation of these prohibitions may result in immediate termination of your account and access to our services, and may subject you to civil and/or criminal liability under applicable law.

5. Intellectual Property Rights

The Website and all of its content, features, and functionality — including but not limited to text, graphics, logos, photographs, images, video, audio clips, digital downloads, data compilations, menu designs, software, and the arrangement and compilation thereof — are the exclusive property of Giordanos and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.1 Trademarks

The Giordanos name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Giordanos or its affiliates or licensors. You must not use such marks without the prior written permission of Giordanos. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5.2 Limited License

Subject to your compliance with these Terms, Giordanos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with ordering food and related services. This license does not include the right to:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website;
• Modify or create derivative works based on the Website or its content;
• Use any data mining, robots, or similar data gathering or extraction methods;
• Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Giordanos.

Any use of the Website not expressly permitted by these Terms is a breach of this Agreement and may violate applicable intellectual property laws. Giordanos reserves all rights not expressly granted herein.

6. Payment Terms and Ordering

When you place an order through our Website, you agree to pay all applicable charges, including the purchase price of your selected food items, applicable taxes, delivery fees (if any), and any other fees disclosed at the time of checkout.

6.1 Pricing

All prices displayed on our Website are in U.S. dollars and are subject to applicable state and local sales taxes. Prices are subject to change at any time without prior notice. The price charged for an order will be the price in effect at the time the order is placed. We reserve the right to correct any pricing errors on our Website, even if we have already accepted your order or charged your payment method.

6.2 Payment Methods

We accept payment via the methods displayed on our Website at the time of checkout. By providing payment information, you represent and warrant that you are authorized to use the designated payment method and that you authorize us to charge your payment method for the total amount of your order, including all applicable taxes and fees.

6.3 Order Confirmation

Receipt of an order confirmation email or message does not constitute our acceptance of your order. We reserve the right to accept, decline, or limit any order for any reason, including but not limited to availability of menu items, errors in pricing or product descriptions, or concerns about fraud or unauthorized activity.

6.4 Cancellations and Refunds

Due to the perishable nature of food products, all sales are generally final once an order has been accepted and preparation has begun. Requests for cancellations or refunds must be made immediately after placing the order and before preparation begins. Any refunds issued are at the sole discretion of Giordanos. If you have a concern about your order quality or accuracy, please contact us promptly at [email protected].

7. Food Safety, Allergens, and Dietary Information

Giordanos makes reasonable efforts to provide accurate nutritional and allergen information on our Website. However, due to the nature of food preparation in a shared kitchen environment, we cannot guarantee that any menu item is completely free from cross-contamination with allergens, including but not limited to nuts, dairy, gluten, soy, eggs, fish, and shellfish.

If you have a food allergy, intolerance, or dietary restriction, we strongly encourage you to contact us directly before placing an order to discuss your specific needs. By placing an order, you acknowledge and agree that Giordanos is not liable for any adverse reactions, allergic reactions, or health conditions arising from consumption of our food products.

Nutritional and ingredient information is provided for general informational purposes only and may not be entirely accurate due to variations in preparation, ingredient substitutions, or supplier changes. You are solely responsible for determining whether any food item meets your personal dietary requirements.

8. Third-Party Services and Links

Our Website may contain links to third-party websites, services, or platforms, including payment processors, delivery partners, and social media platforms. These links are provided for your convenience only. We have no control over the content, privacy policies, or practices of any third-party websites and accept no responsibility for them. We encourage you to review the terms and privacy policies of any third-party services you access. Your interactions with third-party services are governed solely by those third parties' terms and policies.

9. Disclaimers — Services Provided "As-Is"

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL SERVICES, CONTENT, PRODUCTS, AND MATERIALS PROVIDED THROUGH IT ARE OFFERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

GIORDANOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR SERVICES ON THE WEBSITE;
• WARRANTIES THAT DEFECTS, IF ANY, WILL BE CORRECTED;
• WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE. YOUR USE OF THE WEBSITE AND ITS SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; THEREFORE, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GIORDANOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE;
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR PERSONAL INFORMATION STORED THEREIN;
• INTERRUPTION OR CESSATION OF SERVICES;
• BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE;
• ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR TRANSMITTED THROUGH THE WEBSITE,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF GIORDANOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL GIORDANOS'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR SERVICES EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO GIORDANOS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. Indemnification

You agree to defend, indemnify, and hold harmless Giordanos and its officers, directors, employees, contractors, 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 or any applicable law or regulation;
• Your use or misuse of the Website or services;
• Your violation of any third-party rights, including without limitation any intellectual property rights or privacy rights;
• Any content you submit, post, or transmit through the Website;
• Your fraud, willful misconduct, or gross negligence;
• Any dispute between you and a third party arising out of or related to your use of our Website or services.

Giordanos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with Giordanos in asserting any available defenses.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them, their subject matter, or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the laws of the applicable state in which Giordanos operates, without giving effect to any choice-of-law or conflict-of-law rules that would cause the application of the laws of any other jurisdiction.

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Website shall be brought exclusively in the federal or state courts of competent jurisdiction in the United States. You hereby consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts.

If you are a consumer located in California, you may also have rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other California consumer protection statutes. Nothing in these Terms shall be construed to limit any rights you may have under applicable California law.

These Terms shall also be subject to applicable federal consumer protection laws, including but not limited to the Federal Trade Commission Act (FTC Act) and other regulations promulgated by the Federal Trade Commission (FTC).

13. Dispute Resolution

13.1 Informal Resolution

Before initiating any formal legal proceeding, you agree to first contact Giordanos at [email protected] and provide a written description of the dispute, including your name, contact information, and a detailed description of the issue. We will attempt in good faith to resolve the dispute informally within thirty (30) days of receiving your notice. If the dispute is not resolved within that period, either party may proceed with formal dispute resolution as set forth below.

13.2 Binding Arbitration

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF OUR WEBSITE AND SERVICES SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) CONSUMER ARBITRATION RULES, WHICH ARE AVAILABLE AT www.adr.org. THE ARBITRATION SHALL TAKE PLACE IN THE UNITED STATES, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.

13.3 Class Action Waiver

YOU AND GIORDANOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Exceptions to Arbitration

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, confidential information, or other proprietary rights. Nothing in this section shall prevent either party from filing a claim in small claims court for disputes within the applicable jurisdictional limits.

14. Term and Termination

These Terms shall remain in full force and effect for as long as you use our Website or maintain an account with us. We reserve the right, in our sole discretion and without notice or liability, to:

• Terminate or suspend your account and access to our Website and services for any reason, including but not limited to a breach of these Terms;
• Refuse service to any person or entity for any lawful reason;
• Discontinue any aspect of our Website or services at any time.

You may terminate your account at any time by contacting us at [email protected] and requesting account deletion. Upon termination of your account, your right to use the Website and services will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, dispute resolution, and governing law provisions.

15. Changes to These Terms

We reserve the right to modify, update, or revise these Terms at any time at our sole discretion. When we make material changes to these Terms, we will update the "Last Updated" date at the top of this page and, where required by applicable law or where we deem appropriate, we may provide you with additional notice (such as by email or by posting a prominent notice on our Website).

Your continued use of our Website or services following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review this page periodically to stay informed about our current Terms. If you do not agree to the revised Terms, you must stop using our Website and services immediately.

Changes to these Terms will not apply retroactively to any disputes that arose before the effective date of the revised Terms, except as may be required by applicable law.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, including by any court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the provision shall be deemed severed from these Terms. The invalidity, illegality, or unenforceability of any particular provision shall not affect the validity, legality, or enforceability of any other provision of these Terms, and all remaining provisions shall continue in full force and effect.

The parties further agree that if any provision is modified or severed pursuant to this clause, such modification or severance shall be the minimum necessary to achieve compliance with applicable law while preserving, to the greatest extent possible, the original intent of the parties as reflected in the affected provision.

17. Entire Agreement and Waiver

These Terms, together with our Privacy Policy and any other legal notices, policies, or agreements published by us on our Website, constitute the entire agreement between you and Giordanos with respect to your use of our Website and services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, with respect to such subject matter.

No waiver by Giordanos of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of Giordanos to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver is only effective if it is in writing and signed by an authorized representative of Giordanos.

18. Force Majeure

Giordanos shall not be liable for any failure or delay in performance under these Terms to the extent that such failure or delay results from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or epidemic events, civil unrest, governmental actions or regulations, power outages, internet service disruptions, labor strikes, shortages of food supply, or any other similar cause or event beyond our reasonable control (each, a "Force Majeure Event"). In the event of a Force Majeure Event, Giordanos shall provide prompt notice to affected users where reasonably practicable and shall use commercially reasonable efforts to resume normal operations as soon as possible.

19. Electronic Communications

By using our Website, you consent to receive communications from us electronically, including by email or by posting notices on our Website. 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. You further agree that you are responsible for maintaining a current and valid email address on file with us and that we may rely on the email address associated with your account for all communications.

20. Contact Information

If you have any questions, concerns, or complaints about these Terms of Service, or if you need to contact us for any reason related to our services, please reach out to us using the following contact information:

We strive to respond to all inquiries within two (2) to five (5) business days. For urgent matters related to an active order, please use the most direct contact method available on our Website.