Acceptance of Terms of Use and Privacy Policy

This website (www.grouchos.com), the Groucho’s Rewards Program (“GRP”), Groucho’s Gift Card Program (GCP), Mobile Applications (each, an “App”), and Online Digital Services (“ODS”), provided by us (collectively, the “Digital Services”) are operated by Groucho’s Franchise Systems, LLC (“Groucho’s). By using the Digital Services, you agree to be bound by these terms and our Privacy Policy. If you do not wish to be bound by these terms and our Privacy Policy, please do not use the Digital Services. We may occasionally revise these terms and our Privacy Policy and your continued use any of the Digital Services signifies your agreement to any such changes.

The ODS include but are not limited to the following:

  • Groucho’s Deli Social Media (including both Groucho’s Corporate and Franchised Locations)
  • GRP
  • GCP
  • E-Club
  • Franchise Inquiry Submissions
  • Ordering online or through an App
  • Grouchos.com

Disclaimer

While we make reasonable efforts to provide accurate and current information on the Digital Services, you should not assume that the information contained is always up to date or that the Digital Services contain all pertinent information available. We and our affiliates, agents and franchisees make no warranties, express or implied, as to the accuracy of the information accessed on or through the Digital Services.

Submissions

With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy), any information you transmit to us via the Digital Services, whether by direct entry, submission, e-mail or otherwise, including data, questions, comments or suggestions, will be treated as non-confidential and non-proprietary and will become our property. We and our affiliates, agents and franchisees many use this information for any purpose, including, without limitation, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting. We and our agents, affiliates, and franchisees may also use any ideas you submit in our businesses without any liability to you.

Miscellaneous

Please be aware that some of the promotional items, menu items, special offers, and prices may only be available for a specified time in certain Groucho’s Deli locations.

Groucho’s Rewards Program (GRP)

The GRP administered by Groucho’s.  Use of the GRP is also subject to  Groucho’s Privacy Policy available at https://grouchos.com/website-privacy-policy/

Groucho’s Gift Card Program (GCP)

The GCP is administered by Factor 4 (“F4”).  Use of the GCP Card is also subject to the F4 Privacy Policy available at https://factor4gift.com/privacy-policy/

Online and Mobile Ordering (App)

Online ordering via the ODS is administered by ToGo Technologies, LLC. Your use of ordering with ODS is also subject to ToGo Technologies, LLC’s Terms of Use and Privacy Policy. They are available at https://www.togoorder.com/Docs/Legal.aspx

Groucho’s E-Club

The Groucho’s E-Club is hosted by Mailchimp. Participation in the Groucho’s E-Club is subject to Mailchimp’s Terms of Use and Privacy Policy available at https://mailchimp.com/legal/privacy/

Groucho’s may make available to you the ability to order online from our participating Groucho’s Deli restaurants. These Terms of Use also apply to orders placed through the ODS. Any applicable fees, taxes, and other amounts due relating to your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the ODS. You are responsible for payment of your order by means of a payment option made available through the ODS at the time of ordering. We use third-party providers and may accept various third-party services to process payments. The Groucho’s Deli restaurant identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons, and other offers may not be able to be combined with online ordering. Every participating Groucho’s Deli restaurant location may not have all menu items identified through the ODS.

Mobile Applications: To use the ODS made available through an APP you must have a compatible mobile device.  Groucho’s does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android-powered device, Apple Inc. or Google, Inc., and their subsidiaries, respectively, shall be a third-party beneficiary to these Terms of Use and you agree that these third-party beneficiaries have the right to enforce these Terms of Use against you. However, these third-party beneficiaries are not a party to these Terms of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may replace, reduce, or remove features and functionality in prior versions of the App.

Transactions with Groucho’s and Third Parties:

If you wish to make purchases through the ODS, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold Groucho’s or any of its affiliates liable for any loss or damage of any sort incurred because of any such transactions. You agree that all information you provide relating to such purchases shall be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanisms at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.

Copyright & Trademark

Except as otherwise indicated, all content appearing on the Digital Services (including text, images, logos, scripts, videos, animations, and interactive features) is the copyrighted work of Groucho’s or its third-party content suppliers and is protected by U.S. and international copyright laws.

We grant you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify any Digital Service, or any portion thereof, except with our express written consent. This license does not include any resale or commercial use of any portion of the Digital Services; any collection and use of any listings, menus, descriptions, or prices; any derivative use of such content; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Digital Services may be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not use frames or other embedding methods to enclose any portion of any of the Digital Services in other content. You may not use our trademarks in meta-tags or any other hidden text without our express written consent.

We and our licensors retain all right, title and interest in the Digital Services and any content, features, products, and services offered on the Digital Services, including any and all intellectual property rights. We and our licensors reserve all rights not expressly granted. Any unauthorized use of this site or its content terminates your limited license to use this site.

Notice Regarding Copyright Agent.

Groucho's respects the intellectual property rights of others and requests that users of our Digital Services do the same. If you believe that any content on the Digital Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the Digital Services containing the following:


  •  An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and information enough to permit Groucho's to locate the material;
  • The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
  • A representation that the complaining party has 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; and
  • A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright infringement claims and notices should be sent to:

Southeast IP Group, LLC

Attn: Tom Moses

139 Commons Way. | Greenville, SC 29611

http://www.seiplaw.com/

Links to Third-Party Websites and Social Media Pages

Some links on this site will connect you with websites or social media pages that are not under our control. The inclusion on this site or on an App of a link does not imply an endorsement by Groucho’s of, nor is Groucho’s responsible for any content of any linked site or social media page. We assume no responsibility or liability for any information, intellectual property or material that may be obtained on other websites or social media pages accessed through this website. We do not make any representations or warranties regarding the quality of any product or service contained at any such website or social media pages or the ownership of intellectual property related to it. Access them at your own risk.

Additional Terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Minors

Groucho’s recommends that parents and guardians supervise their children’s internet use. It is our policy that no information should be posted or submitted to the Digital Services or any site or social media account linked to by the Digital Services by a minor under the age of 13 without parental consent.

 

Use of Information and Materials

The information and materials contained in these pages and the terms and conditions set forth herein are subject to change without prior notice. Unauthorized use of the Digital Services including but not limited to unauthorized entry into Groucho’s systems, misuse of passwords, or misuse of any information posted on any of the Digital Services, is strictly prohibited. Not all products and services are available in all geographic areas. Eligibility for products and services is subject to final determination by Groucho’s and/or its affiliates.

No Warranty

THE INFORMATION AND MATERIAL CONTAINED IN THE DIGITAL SERVICES, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE.” WE AND OUR AFFILIATES, AGENTS AND FRANCHISEES DO NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIAL AND EXPRESSLY DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIAL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR MALWARE, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIAL AVAILABLE ON THIS SITE. WE AND OUR AFFILIATES, AGENTS AND FRANCHISEES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE DIGITAL SERVICES.

Limitation of Liability

 WE AND OUR AFFILIATES, AGENTS AND FRANCHISEES DO NOT GUARANTEE THAT YOUR USE OF THIS SITE OR THE DIGITAL SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, NOR THAT THIS SITE OR THE SERVER AND THE DIGITAL SERVICES WILL BE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. WE AND OUR AFFILIATES, AGENTS AND FRANCHISEES WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA, AND IN THE CASE OF A BUSINESS, ANY LOST PROFITS OR DAMAGES FROM BUSINESS INTERRUPTION, AND IN THE CASE OF AN INDIVIDUAL, LOSS OF INFORMATION OR LOSS OF VALUE THAT RESULT FROM ACCESS TO, USE OF OR INABILITY TO USE THE DIGITAL SERVICES OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF WE OR OUR AFFILIATES, AGENTS OR FRANCHISEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

      

You agree to indemnify, defend, and hold harmless Groucho’s and its parents, subsidiaries, franchisees, and affiliates, and their respective officers, directors, employees, agents, licensors, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

 

Governing Law; Jurisdiction; Venue; Severability of Provisions

The terms are governed by the laws of the State of South Carolina and controlling United States federal law without regard to any conflicts of law provisions. All parts of these terms apply to the maximum extent permitted by law. We agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce to the extent permitted by law. The invalidity of part of these terms will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect.

General

Use of the Digital Services is unauthorized in (a) any manner that does not give full effect to all provisions of these Terms and Conditions and (b) any jurisdiction where the use of the Digital Services may violate any legal requirements. No joint venture, partnership, employment or agency relationship exists as a result of these Terms and Conditions or your use any of the Digital Services.

These Terms of Use, our Privacy Policy, and other policies we may post on this site constitute the entire agreement between you and Groucho’s with respect to this site and supersede any prior or contemporaneous communications and proposals, whether electronic, oral or otherwise between you and Groucho’s with respect to the Digital Services.  No modification of these Terms of Use shall be effective unless specifically authorized by an officer of Groucho’s. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach.

Contact Us

If you have any questions or concerns about these Terms of Use, please contact us using the information provided at http://www.grouchos.com/contactus.html.

 

These terms were last updated and posted on December 13, 2019.