Snarf’s Worldwide Holding Company, LLC Website Terms of Use

Thank you for visiting the web site EatSnarfs.com, Snarfburger.com, and/or using our related Services. To simplify the language in these Terms of Use, the term “we” or “us” means Snarf’s Worldwide Holding Company, LLC, the operator of the EatSnarfs.com and Snarfburger.com web sites. “You” means the person visiting or otherwise using the EatSnarfs.com and/or Snarfburger.com web site or our Services. The term “Services” means the EatSnarfs.com website, the Snarfburger.com website, and related services.

Use of the Services constitutes agreement to these Terms of Use. We encourage you to review the following information carefully.

INTELLECTUAL PROPERTY

Snarf’s, Snarfburger, the Snarf’s logos, the Snarfburger logos, EatSnarfs.com Snarfburger.com, and other marks indicated on our site or in other parts of the Services are trademarks owned exclusively by us. You are not granted any license or other right to use these names or trademarks.

All content or information on EatSnarfs.com, Snarfburger.com, or otherwise incorporated in the Services (“Content”) is our exclusive property, except where otherwise expressly stated. Said Content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. You are not granted any license or other right to use this Content, except as set forth in the paragraph titled “LICENSE AND SERVICE ACCESS” below. Our Content is protected by United States and international intellectual property laws (including but not limited to patent, copyright, trademark, and trade secret laws) and we reserve all rights provided therein. In case of dispute or infringement, we will vigorously defend our rights to this material.

PROTECTING YOUR ACCOUNT

Some portions of the Services may permit usernames and passwords to be used. You are responsible for protecting your unique username and password. You may not allow any person or entity to use your account information including your username or password for any reason. You agree to be responsible for all activities performed under your user account. In the event you become aware of or believe there was or is any unauthorized use of your account including your username or password, you must notify us immediately.

LICENSE AND SERVICE ACCESS

We grant you a limited license to access, view, and use (as we permit) the EatSnarfs.com and Snarfburger.com web sites and the other Services. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without our express written consent. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. The Services or any portion thereof may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without our express written permission. You are prohibited from using meta tags or any other hidden text utilizing our name or trademarks without our express written consent. Any unauthorized use of the Services voids the limited license granted by us.

RULES FOR USE OF EATSNARFS.COM AND SNARFBURGER.COM

You are solely responsible for any acts, omissions or activities that arise out of or relate to your use of the Services. Your use of the Services and any Content is subject to all applicable United States federal and state law, regulations, statutes, and treaties, as well as the applicable foreign laws, regulations, statutes and treaties. You understand, acknowledge, and agree that your use of the Services and any Content is also subject to the following rules:

• We reserve the right to edit or delete any Content from the Services at any time;
• You may not create compilations or derivative works of any Content from the Services;
• You may not remove, change, obscure, or otherwise alter any copyright notice or other proprietary notice or terms of use contained in the Services;
• You may not use the Services in a manner that violates any applicable state, federal, or foreign law regulating e-mail, facsimile transmissions, or telephone solicitations;
• You may not interfere or attempt to interfere with the working or functionality of the Services; and
• You understand and agree that we have the right at any time to disclose any information, including any personal information that you disclose, which is necessary to comply with or satisfy any law or valid governmental request. This includes, without limitation, disclosure of information related to any investigation of purported illegal or criminal activities or compliance with a court order or subpoena.

CHILDREN UNDER 13

The Services are not directed at children under 13 years old, and we do not knowingly collect information from children under 13 years old. If you are under 13 years of age, you should not use the Services for any purpose.

ERRORS

We make no representation, guarantee, or warranty that the Services will be error-free, free of viruses or other harmful elements, or that any defects existing on the Services will be corrected. We do not represent or warrant that the information available on or through the Services will be complete, correct, accurate, current, timely or otherwise reliable. We may make changes to the features, functionality, or Content of the Services at any time.

STATEMENT OF PRIVACY

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You may access the Privacy Policy through EatSnarfs.com and Snarfburger.com.

INDEMNIFICATION

You agree to indemnify, defend and hold us and our subsidiaries, affiliates, partners, agents, officers, partners, directors, employees, subcontractors, successors, assigns, third party suppliers, attorneys, advertisers, and product and service providers (collectively, the “Affiliated Parties”) harmless from any liability, loss, claim, damages, costs and expenses including, without limitation, reasonable attorney’s fees and costs, arising out of or related to your use of the Services, your activity for and through the Services, or your violation of these Terms of Use, the Privacy Policy, or any other legal notices on the Services. We reserve the right to hire our own separate legal counsel, at your expense, as well as assume or take exclusive control and defense of any matter subject to indemnification by you.

DISCLAIMER

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE CONTENT ON THE SERVICES IS PROVIDED “AS IS” AND “AS AVAILABLE”. WE MAKE NO WARRANTIES AS TO THE OPERATION OF THE SERVICES OR THE CONTENT CONTAINED THEREIN. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF TITLE, AND ANY WARRANTIES OF NON-INFRINGEMENT, ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INTERRUPTIONS, LIMITATIONS, DELAYS, OMISSIONS, ERRORS, VIRUSES, DEFECTS, HARMFUL ELEMENTS, INABILITY TO ACCESS, OR OTHER PROBLEMS ON OR WITHIN THE SERVICES INCLUDING THOSE ARISING OUT OF YOUR USE OF THE SERVICES.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT NEITHER WE NOR ANY OF THE AFFILIATED PARTIES SHALL BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR FROM THESE TERMS OF USE OR THE PRIVACY POLICY FOR THE SERVICES, INCLUDING, WITHOUT LIMITATION, DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE.

WE ARE ONLY PROVIDING THE SERVICES BASED ON YOUR AGREEMENT TO THE FOREGOING DISCLAIMERS, WHICH ARE A FUNDAMENTAL PART OF THESE TERMS OF USE.

LIMITATION OF LIABILITY

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE AND THE AFFILIATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SERVICES, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICES OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SERVICES, AND (D) THE CONTENT CONTAINED ON THE SERVICES.

LEGAL COMPLIANCE

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and the Content on the Services.

We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to you.

THIRD PARTY MATERIAL

The web sites EatSnarfs.com, Snarfburger.com, and the other Services may contain links to web sites of third parties not controlled or operated by us, including those of other private entities and organizations. Please be aware that when you follow a link to another web site, you are then subject to the terms of use and privacy policy of the new web site. Any links are provided solely for your convenience, and we do not endorse the content or operator of any third party web site. Content of third parties, including advertisements and hyperlinks, may appear on EatSnarfs.com, Snarfburger.com, and other Services. We make no warranty or representation of any kind as to the accuracy, currency, or completeness of any information contained in any linked third party web site, and you agree that we shall have no liability for any damages or injuries of any kind arising from the content or information on such web site. Such third parties are solely responsible for ensuring that material submitted for inclusion on the Services is accurate and complies with applicable laws.

TESTIMONIALS

The EatSnarfs.com and Snarfburger.com websites and other Services offer you the opportunity to submit a testimonial regarding your experience with Snarf’s or Snarfburger services and products, including through the “Feedback” page on the web sites.

All information submitted in a testimonial becomes our sole property and will be deemed part of the Content as defined in these terms of use. We may exploit and distribute such information throughout the world, in any manner, in perpetuity, at our sole discretion, without any compensation to you or any other party. By submitting a testimonial, you are acknowledging that such testimonial does not infringe any legal, proprietary, intellectual property, privacy right, contractual right, or other rights of any person or entity. We reserve the right to make minor edits to any testimonials submitted for purposes of length or to correct typographical or grammatical errors. We are not obligated to publish or otherwise use any testimonial that is submitted, and we reserve the right to reject any testimonial.

Any personal information you submit in a testimonial can be read, collected, or used by us or other users of the Services and could be used for any purpose. We do not ask you to disclose personal information other than your name and e-mail address in a testimonial, but, if you do so, we and other user of the Services may use such personal information for any purpose. We disclaim and you agree to release us from any liability resulting from your disclosure of personal information submitted in a testimonial.

Any personal information you submit through our feedback page will not be shared or displayed to users of our websites or others.

As the content of the testimonials is not prepared by us, we neither assume nor have any responsibility or liability for such content or for any claims, damages, injury, or losses resulting from the testimonials, or their use or appearance on the Services.

APPLICABLE LAW

By using any of the Services, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use, the Privacy Policy, and any dispute of any sort that might arise between you and us related to the Services.

CHANGES IN TERMS

We reserve the right to modify, alter, delete and update these Terms of Use at any time we see fit. These alterations will be posted on this or a similar page on EatSnarfs.com and Snarfburger.com. Your continued use of the Services constitutes acceptance to any revised Terms of Use. We encourage you to periodically review these terms. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these terms.

PAYMENT PROCESSING

Payments made on the EatSnarfs.com or Snarfburger.com websites or otherwise through the Services are processed by our third party service providers. See Card Market’s website for information related to Card Market’s usage of information through the Snarf’s gift card sales. See the ezCater Terms of Service and Privacy Policy related to ezCater’s usage of information through the Snarf’s or Snarfburger catering order placement page. See the Olo Terms of Use and Privacy Policy related to Olo’s usage of information through the on-line ordering platform. See the Punchh Privacy Policy related to Punchh’s usage of Information through the Snarf’s Rewards program. See the Shopify Terms of Service and Privacy Policy related to Shopify’s usage of information related to online purchases of Snarf’s merchandise.

MISCELLANEOUS

If any provision of these Terms of Use is held, declared, or pronounced void, voidable, invalid, unenforceable or inoperative for any reason, by any court of competent jurisdiction, government authority or otherwise having jurisdiction in an unappealed final decision to which you and we are a party, you and we authorize and request such court or governmental authority to modify the provision held to be void, voidable, invalid, unenforceable or inoperative to contain such lesser covenants that impose the maximum duty permitted by law so that the provision is upheld as valid, and the parties agree to be bound by the modified provision. The holding, declaration or pronouncement shall not affect adversely any other provisions of these Terms of Use, which shall otherwise remain in full force and effect.

Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms of Use or your use of the Services.

INTERNATIONAL USE

We make no representations that the Content on the Services is appropriate or available for use in locations outside of the United States, or whether access to the Services and the provision of information through the Services from such locations is permitted. Those who choose to use the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.