VERTS MEDITERRANEAN GRILL WEBSITE TERMS OF USE
(Date of Last Revision: June 23rd, 2016)

The website eatvertsdemo.com  (hereinafter, the “Site”) is owned and operated by Verts Mediterranean Grill, Inc. d/b/a Verts (collectively, “Verts,” “we,” or “us”). The Site provides information related to the Verts’s restaurant services, menu items and nutrition information, locations, and other services such as catering, and Verts’ community involvement (the “Services”). The Site may also allow you to use our third-party service provider to participate in the Verts rewards program or to order and pay online.

The Terms and Conditions of Use Agreement (“Terms of Use”) and the Privacy Policy  constitute a binding agreement between you and Verts. Please read carefully through all sections of the Terms of Use and the Privacy Policy. Your access to and use of the Site is subject to the Terms of Use, the Privacy Policy and all applicable laws. By accessing the Site, you agree to be bound by the Terms of Use and the Privacy Policy. If you do not agree to the Terms of Use and the Privacy Policy, then you may not use the Site. The Terms of Use and Privacy Policy may be changed by us from time to time without notice to you and the governing version will be posted on the Site. Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy.

Rewards Program and Online Ordering and Payment Services.

Verts contracts with third-party service providers to operate the Verts rewards program application and to provide online ordering and payment. By accessing and using the rewards program application and/or the online ordering and payment features of the Site, you are agreeing to the terms of our third party service provider LevelUp. You can review the terms governing the services provided by LevelUp here: https://www.thelevelup.com/terms. You can review the privacy policy which applies to the services provided by LevelUp here:https://www.thelevelup.com/privacy.

Proprietary Rights

Verts provides the Site solely for your personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Verts’s or its licensors’ intellectual property rights. You may not copy or post any content of the Site in any other public forum, including other websites, web services, or print publications without the written consent of Verts. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use. Verts or its licensors own all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Prohibited Activities

The following activities are expressly prohibited from the Site:

  • Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, or defamatory statements.
  • Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
  • Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  • Framing or deep linking into the Site.
  • Accessing the Site by means of automated processes, spiders, bots or similar devices.

Federal and State Laws

When using the Site, you must obey all applicable federal, state and local laws. The Site is operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.

Disclaimer of Warranties

THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ANY LISTING OF ANY THIRD-PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY LINKS TO A THIRD-PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO YOU, AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. VERTS DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VERTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE SITE, VERTS DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU. VERTS IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE SITE AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

Limitation of Liability

THE LIABILITY OF VERTS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS, WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED ($100) U.S. DOLLARS.

IN NO EVENT WILL VERTS AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES AND THIRD PARTY SERVICE PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF VERTS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify Verts and its affiliates, employees, agents, representatives and third party service providers, and you agree to defend and hold each of them harmless from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include, but are not limited to: submissions, unauthorized use of material obtained through the Site, or your breach of the terms of this Agreement.

Third-Party Links

This website may contain links to other third-party websites. Such third-party sites are maintained by persons or organizations over which Verts exercises no control. Verts expressly disclaims any responsibility for the content or results from your use of such third-party links.

Copyright Complaints

Verts respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Verts’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Verts’s agent for notice of claims of copyright infringement on the Site can be reached at the contact information provided below.

Miscellaneous Provisions

Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.

WEBSITE AVAILABILITY.

BECAUSE PUBLIC NETWORKS, SUCH AS THE INTERNET, OCCASIONALLY EXPERIENCE DISRUPTIONS, VERTS CANNOT GUARANTEE THE SITE WILL BE AVAILABLE 100% OF THE TIME. ALTHOUGH VERTS STRIVES TO PROVIDE A RELIABLE WEBSITE, INTERRUPTIONS AND DELAYS IN ACCESSING THE SITE ARE UNAVOIDABLE, AND VERTS DISCLAIMS ANY LIABILITY FOR DAMAGES RESULTING FROM SUCH PROBLEMS.

Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but Verts does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.

Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Texas, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the courts of Travis County, Texas.

Questions

If you have any questions about Verts, the Site, our Services, the Privacy Policy, or the Terms of Use, you may contact us at:

Verts Mediterranean Grill, Inc.
212 Lavaca Street, Suite 201
Austin, TX 78701
info@eatvertsdemo.com
512.800.8194

VERTS MEDITERRANEAN GRILL WEBSITE PRIVACY POLICY
(Date of Last Revision: June 23rd, 2016)

The website eatverts.com  (hereinafter, the “Site”) is owned and operated by Verts Mediterranean Grill, Inc. d/b/a Verts (collectively, “Verts,” “we,” or “us”). The Site provides information related to the Verts’s restaurant services, menu items, and other information related to the nutrition, locations, and other services such as catering, and community involvement (the “Services”). The Site may also allow you to use our third-party service provider to participate in the Verts rewards program or to order and pay online.

This Privacy Policy is part of the Terms of Use, which constitutes a binding agreement between you and Verts. Please read carefully through all sections of this Privacy Policy. Your access to and use of the Site is subject to this Privacy Policy and all applicable laws. By accessing and/or otherwise using the Site, you agree to Verts’s use of the non-personal and personal data we collect through your use of the Site as set forth below in this Privacy Policy. If you do not agree to this Privacy Policy, then you may not use the Site and you should not submit your personal data to the Site. Except as otherwise provided below, this Privacy Policy may be changed by us from time to time without notice to you, and the governing version will be posted on the Site. Please review this Privacy Policy on a regular basis as your use of the Site will be governed by the then-current Privacy Policy.

Verts recognizes the importance of protecting the privacy of our current and prospective clients and other users of the Site. However, some uses of such information are required for us to conduct legitimate business by providing information of interest to our current and prospective clients, or other users of the Site.

Rewards Program and Online Ordering and Payment Services.

Verts contracts with third-party service providers to operate the Verts rewards program application and to provide online ordering and payment. By accessing and using the rewards program application and/or the online ordering and payment features of the Site, you are agreeing to the privacy policy of our third party service provider LevelUp. You can review the privacy policy which applies to the services provided by LevelUp here: https://www.thelevelup.com/privacy.

Notice to California Residents

Except as expressly identified below, we do not disclose a user’s personal data to any third party. Thus, under California Civil Code Sections 1798.80-1798.84, Verts has no obligation to a California resident to provide further information regarding Verts’s use of the California resident’s personal data. Any inquiries regarding the Terms of Use or, specifically, this Privacy Policy can be directed to the contact identified below.

Notice to Utah Residents

Except as expressly identified below, we do not disclose a user’s personal data to any third party.

What this Privacy Policy Covers

This Privacy Policy covers our treatment of non-personally identifiable and Personal Data that we collect when you are on the Site and when you use Services provided on the Site. This policy does not apply to the practices of companies that we do not own and/or control or to people that we do not employ or manage.

Information Collected

IP Address. We may log all connections to our web servers. Those log files will include your IP address. An IP address is NOT Personal Data, but general information about your location, connection to the Internet, and your Internet Service Provider. We use your IP address to help diagnose problems with our server and to administer the Sites. Additionally, we will use your IP address to track your navigation of the Sites and any internal website searches.

Cookies. “Cookies” are small pieces of information stored in a user’s browser that give the user a unique identification. The Site may use Cookies for any purpose, including: creating a user session ID, counting the visits by one user, logging user UNIX computer time, and tracking user activity on the Site. Cookies may or may not be established on a per session basis, and may or may not be stored by your browser until you delete cookies through your browser settings. For more information about cookies, please visit www.AboutCookies.org.

Clear Gifs. We may also employ software technology called clear gifs (also known as web beacons) that help us better manage content on our Sites by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of users. Clear gifs and cookies are not tied to your personally identifiable information.

Personal Data. We may collect personal data from our users when providing certain Services. Depending upon what you are requesting, the collected Personal Data may include, for example, your name, birth date, social security number, e-mail address, physical address, phone number.

Verts collects Personal Data only when there is a legitimate need to do so. Except as provided herein, we will not distribute your personal data outside of Verts.

Information Use

How Your Non-Personally Identifiable Information May Be Used.

  • To customize the advertising and content you see on our pages or other websites;
  • To improve the performance or layout of our website;
  • To develop new services and ideas; and
  • To better administer and troubleshoot our systems.

How your Personal Data May be Used.

  • To contact you when you have contacted Verts regarding the Services; and
  • In the performance of any requested Services.

Information Sharing and Disclosure

Except as otherwise provided above, we will only share your Personal Data with any other person or company when:

  • We find that your actions on the Site violate the Terms of Use, any of our usage guidelines for specific services or any agreement; and
  • As required to respond to or initiate subpoenas, court orders, or legal process.

Online Tracking

The Site does not treat browsers with a DNT signal differently from those without one. However, the Site does not collect personally identifiable information over time and across third-party web-sites or online services in any event.

Change of Control

We may sell or buy other businesses or entities. In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control. In such transactions, your personal data may be included in the transferred business assets.

CAN-SPAM Compliance

Verts is committed to be compliant the Federal CAN-SPAM Act of 2003. Our email correspondence will include an “opt-out” for receiving future communication from Verts. You can opt-out at any time, and we will remove you from our mailing list. In addition, you may contact us at the address below and request to be removed from our mailing list.

Commitment to Children’s Privacy

In compliance with the Children’s Online Privacy Protection Act, 15 U.S.C., §§ 6501-06 and 16 C.F.R., §§ 312.1-312.12, our Site does not permit children under 13 years of age to become users, and we do not intentionally collect information from children. By using our Site, you represent that you are 13 years of age or older.

Security

We will maintain commercially reasonable safeguards to ensure the security, integrity and privacy of your Personal Data. However, you acknowledge that no electronic storage method or data transmission over the Internet can be guaranteed to be 100% secure.

Changes to this Privacy Policy

We reserve the right to change, modify or otherwise update this policy at any time. These changes or updates will be effective immediately. We may provide you notice of such changes when they are material, such notice may be given by posting on this Site, by electronic or conventional mail or by any other means by which you obtain notice of the changes or updates.

Policies of Other Sites

The Site may contain links to third-party websites not owned or controlled by Verts. Verts is not responsible for the privacy policies of any third-party websites which user may access through a third-party link. Further, these third-party websites may have privacy policies that differ from this Privacy Policy. Verts disclaims all responsibility for the privacy practices of such other third-party sites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you and how they intend to use such information.

Questions

If you have any questions about Verts, the Site, the Services, the Terms of Use or the Privacy Policy, you may contact us at:

Verts Mediterranean Grill, Inc.
212 Lavaca Street, Suite 201
Austin, TX 78701
info@eatverts.com
512.800.8194

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VERTS Mediterranean Grill
212 Lavaca Street, Suite 201
Austin, TX 78701
(512) 800-8194

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