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Terms of Use

  1. ACCEPTANCE OF TERMS

Your use of www.cheesesteakshop.com, including all other web pages owned or provided by ONE The Cheese Steak Shop, LLC or its affiliates (“Website”) and any services offered thereon, including online ordering (“Services”) is subject to the following Terms of Use.

In order to use the Services provided on our Website, you must agree to all of these Terms of Use and if you do not agree, do not use our Website or Services.

Individuals must be 13 years of age or older to use our Website and Services and by using our Website or Services, you agree that you are 13 years of age or older.  If you are between the age of 13 and 18 years of age, you may purchase our products online only with the involvement of a parent or guardian, who must also authorize the use of any credit card.

The Terms of Use may be updated from time to time without notice to you.

  1. OUR SERVICES

ONE The Cheese Steak Shop, LLC is committed to providing the best possible website experience for you. As such, our Website, and information contained therein (“Content”), are provided “As-Is” and “With All Faults”, and may change in form from time to time without prior notice to you.  You agree to use our Services and the Content at your own risk.  ONE The Cheese Steak Shop, LLC may stop, either permanently or temporarily, offering or providing Services and may modify or delete Content at ONE The Cheese Steak Shop, LLC’s sole discretion without prior notice to you.

In order to access some of our Website and Services, you may be required to register with us by providing certain information about yourself to us.  Your registration with ONE The Cheese Steak Shop, LLC may be canceled at any time in the sole discretion of ONE The Cheese Steak Shop, LLC. If your registration is canceled, you may be restricted from accessing all or part of ONE The Cheese Steak Shop, LLC’s Website and/or Services.

ONE The Cheese Steak Shop, LLC and its shareholders, directors, officers, employees, franchisees, and agents assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your online ordering information, your registration with us or your communications or personalized settings.

You agree not to use our Services in violation of: (a) our Terms of Use; (b) our Privacy Policy; (c) any applicable law, regulation or generally accepted principles in the applicable jurisdictions; or (d) trademark, copyright, privacy or other intellectual property law or regulation.  You agree not to engage in any activity that interferes with or disrupts our Services.

  1. PRIVACY POLICY AND CONFIDENTIALITY

We recognize that your privacy is important.  Our Terms of Use include our privacy policy and your acceptance of our privacy policy is necessary to agree to our Terms of Use.  Therefore, please review our privacy policy located at www.cheesesteakshop.com/privacy-policy, which explains how we treat your personal information and protect your privacy when you use our Website and Services.

We are committed to protecting the privacy of children.  Our Website and Services are not intended or designed to attract children under the age of 13.  We do not collect personally identifiable information from any person we actually know is a child under the age of 13.  Your registration on our Website may be deleted, without warning, if we believe that you are under 13 years of age.

You are responsible for maintaining the confidentiality of your log-in and password and agree to immediately notify us of any unauthorized use of your log-in and password.

  1. GIFT CARDS

Your use of The Cheese Steak Shop gift cards for online ordering is subject to the following restrictions. This card is redeemable at all participating The Cheese Steak Shop locations by presenting the card to the cashier at the time of purchase or providing card details at time of order for delivery orders.  This card may not be used for online purchases. For a location near you go to www.cheesesteakshop.com/locations

The card has no value until purchased.  Protect this card as you would cash as it cannot be replaced if lost, damaged, or stolen. You can reload your card and/or check your balance at any participating store.  For a location near you go to www.cheesesteakshop.com/locations. Unless required by law, this card is not redeemable for cash.

  1. ONLINE ORDERING

The Website offers the sale of our products at participating The Cheese Steak Shop locations. You are solely responsible for selecting a location to pick up your ordered products and picking up your products in a timely manner. ONE The Cheese Steak Shop, LLC and its franchisees reserve the right to refuse service or cancel orders in their sole discretion.

  1. LOYALTY PROGRAM

By creating an account, you agree to be opt-in to receive promotions and offers from ONE The Cheese Steak Shop, LLC. You are responsible for maintaining the confidentiality of your log-in and password and agree to immediately notify us of any unauthorized use of your log-in and password. Please note that you may choose to opt-out from our email lists or delete your registration at any time by contacting us at loyalty@cheesesteakshop.com.

  1. TEXT MESSAGING NOTICE

If you choose to participate in any ONE The Cheese Steak Shop, LLC promotion that may involve the use of text messaging (either sending or receiving), ONE The Cheese Steak Shop, LLC will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).

  1. MOBILE TERMS & CONDITIONS

MOBILE ALERTS

  1. You must be 13 years of age or older to participate in the ONE The Cheese Steak Shop, LLC mobile text program.
  2. By participating in the The Cheese Steak Shop Loyalty Club program you consent to receive future recurring automated marketing text messages to the mobile number provided from or on behalf of ONE The Cheese Steak Shop, LLC. You also acknowledge that your agreement to receive these messages isn’t required as a condition of purchase.
  3. Message and data rates may apply. All charges are billed by and payable to your mobile service provider. ONE The Cheese Steak Shop, LLC does not charge you for sending or receiving text messages.
  4. If you would like to be removed from the ONE The Cheese Steak Shop mobile text program, you must text STOP (U.S.) to opt-out. This is the exclusive method for opting out. After texting STOP you will receive one additional message confirming that your request has been processed.

ONE The Cheese Steak Shop, LLC reserves the right to remove subscribers from our messaging database at our discretion. For more information, contact us at loyalty@cheesesteakshop.com.

In the event that you change or deactivate your mobile number, it is your responsibility to notify ONE The Cheese Steak Shop, LLC at loyalty@cheesesteakshop.com to have your number removed.

ONE The Cheese Steak Shop will not be liable for any delays in the receipt of any SMS messages or undelivered messages. T-Mobile policies require that we specify that T-Mobile, also, will not be liable for any delays in the receipt of any SMS messages or undelivered messages.

Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and to provide the services you request from us.

These terms and conditions are subject to change at any time without notice.

  1. INTELLECTUAL PROPERTY

Unless otherwise noted, the Website and its Content are protected as the copyrights, trade dress, trademarks or other intellectual property owned by ONE The Cheese Steak Shop, LLC or other parties that have licensed their material to ONE The Cheese Steak Shop, LLC.  Any unauthorized use thereof may violate copyright, trademark and other applicable laws and regulations, and is a breach of these Terms of Use.  This Website does not give you a license to use ONE The Cheese Steak Shop, LLC’s intellectual property in any fashion.

  1. NO WARRANTIES

ONE THE CHEESE STEAK SHOP, LLC AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, FRANCHISEES, AND AGENTS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT, PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, ONE The Cheese Steak Shop, LLC and its shareholders, directors, officers, employees, franchisees, and agents make no representations or warranties regarding the accuracy, reliability, completeness or timeliness of the Website or Services provided on or through the use of our Website. ONE The Cheese Steak Shop, LLC and its shareholders, directors, officers, employees, franchisees, and agents do not have any liability or responsibility to users of our Website or Services, or any other person or entity for performance or nonperformance of the Services.

ONE The Cheese Steak Shop, LLC and its shareholders, directors, officers, employees, franchisees, and agents do not provide any warranty that your use of our Services will meet your requirements or be uninterrupted, timely, secure or free from error or defects.

  1. MATERIAL BREACH OF THESE TERMS OF USE

The following actions shall constitute a material breach of these Terms of Use:

  1. Using our Website, Services or Content for any purpose in violation of local, state, national or international laws or regulations;
  2. Collecting information about other visitors to our Website without our written consent;
  3. Allowing any other person or entity to use your log-in or password for submitting or viewing information on our Website or using our Services;
  4. Impersonate any person or entity, including a ONE The Cheese Steak Shop, LLC employee, franchisee or agent;
  5. Copying, modifying, reproducing, republishing, distributing, displaying or transmitting for commercial, non-profit or public purposes all or any portion of our Website or its Content;
  6. Exporting the Website, the Content or any software available on or through the website in violation of the law or regulations; or
  7. As determined in ONE The Cheese Steak Shop, LLC’s sole discretion, misusing or abusing our Services, including online ordering, The Cheese Steak Shop Loyalty Club or our gift cards. To report a violation of these Terms of Use, please contact us at loyalty@cheesesteakshop.com.

 

  1. RESERVATIONS OF RIGHTS

ONE The Cheese Steak Shop, LLC expressly reserves the right, but is not obligated, to do any or all of the following:

  1. Investigate an allegation that a registration does not conform to our Terms of Use and we determine in our sole discretion to remove the registration;
  2. Terminate your registration with ONE The Cheese Steak Shop, LLC upon breach of our Terms of Use as determined in our sole discretion;
  3. Disclose your registration information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with any legal process, to enforce these Terms of Use, and protect the rights, property or personal safety of ONE The Cheese Steak Shop, LLC, its users, and the public; or
  4. Change, add or delete any term in this Term of Use, add or withdraw participating The Cheese Steak Shops who participate in our Services or accept our gift cards, and terminate our Services at any time without advance notice to you.

No failure or delay by ONE The Cheese Steak Shop, LLC in exercising any rights, power or remedy under these Terms of Use shall operate as a waiver of any such right, power or remedy.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold ONE The Cheese Steak Shop, LLC and its shareholders, directors, officers, employees, franchisees and agents harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, attorneys’ fees and costs, resulting from or allege to result from, your violation of these Terms of Use.

  1. LIMITATION OF LIABILITY

ONE THE CHEESE STEAK SHOP, LLC AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, FRANCHISEES, AND AGENTS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM OUR WEBSITE, THE SERVICES OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) YOUR USE OF THIS WEBSITE, THE SERVICES, OR THE CONTENT, OR ANY RELIANCE THEREON BY YOU; (C) THIRD PARTY COMMUNICATIONS, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE SERVICES, THE CONTENT, OR ANY PORTION THEREOF; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE SERVICES, OR THE CONTENT.

ONE THE CHEESE STEAK SHOP, LLC AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, FRANCHISEES AND AGENTS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, THE SERVICES OR THE CONTENT.  TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, ONE THE CHEESE STEAK SHOP, LLC’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

  1. JURISDICTION

These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and ONE The Cheese Steak Shop, LLC agree to submit to the exclusive jurisdiction of the courts located in the County of Contra Costa, California in the United States of America to resolve any legal matter arising from the Terms of Use.

  1. SURVIVABILITY/SEVERABILITY

The following provisions survive the expiration or termination of these Terms of Use for any reason:  Privacy Policy and Confidentiality, Intellectual Property, No Warranties, Reservation of Rights, Indemnification, Limitation of Liability, Jurisdiction, and Survivability/Severability.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the terms. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

  1. COMPLETE AGREEMENT

These Terms of Use and the ONE The Cheese Steak Shop, LLC Privacy Policy constitute the entire agreement between you and ONE The Cheese Steak Shop, LLC with respect to the use of the ONE The Cheese Steak Shop, LLC’s Website, Services, and Content.