Some of the Services may be subject to additional posted conditions and your use of those Services is subject to those conditions. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions will control.
Unless you have greater rights in a separate signed agreement with us, we have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services or the Web site;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, or remove any content that is available on our Web site;
- Establish general practices and limits concerning use of our Web site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our franchisees, affiliates or business partners and that these communications are considered part of the Services. You also understand that our Services may include advertisements.
Content on our Web site
Our Web site includes a combination of content that we create and that our franchisees, affiliates or business partners create. All materials published on our Web site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are the intellectual property of Fired Up, Inc. or our franchisees, affiliates or business partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Web site in whole or in part, other than as necessary for your own personal non-commercial use, without our prior written consent.
Our Web site contains content that we create as well as content provided by third parties. This content may include, among other things, company information, and product or service information or reviews. There may be some inadvertent inaccuracies or typographical errors in the content and we do not guarantee the accuracy, integrity, completeness or quality of the content on our Web site or that located at third party URLs that may be posted on our Web site.
Trademarks and logos
The use of trademarks, service marks and logos appearing on our Web site is prohibited without our prior written consent and we will strictly exercise and enforce our rights to them to the full extent of the law.
Your conduct on our Web site
Any information that you choose to provide us must be true, accurate, current, and complete. You agree not to copy or imitate the appearance, design or style of our Web site. The technology and the software underlying our Web site and the Services are the property of Fired Up, Inc., our franchisees, our affiliates and/or our business partners. You agree not to copy, modify, use, reverse engineer, or misappropriate any right to the technology or software underlying our Web site or the Services.
You agree not to modify the software underlying our Web site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our Web site.
You agree that you will not use our Web site or its content to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Fired Up, Inc. or any other person or entity;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our Web site, software or hardware, third party Web sites or telecommunications equipment;
- Restrict or inhibit any other user from using and enjoying any public area within our Web site;
- Collect or store personal information about other end users;
- Interfere with or disrupt our Web site, servers, or networks;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Transmit information that infringes any trademark, patent, copyright or other intellectual property right of any third party; or
- Engage in any illegal activities.
Use of our Web site is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Web site.
You hereby agree to indemnify, defend and hold harmless Fired Up, Inc. and all of our officers, directors, owners, employees, agents, information providers, franchisees, affiliates, partners, and licensors (collectively, Fired Up, Inc. Parties) from and against any and all liability, losses, costs, and expenses, including attorneys' fees, incurred by any Fired Up, Inc. Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of:
- Your use or misuse of our Web site or any information obtained from our Web site;
- Your connection to our Web site;
- Your violation of these Terms; or
- Your violation of the rights of Fired Up, Inc. or any other person or entity.
We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
Unless you have greater rights in a separate signed agreement with us, we disclaim responsibility and liability for any service outages that are caused by our maintenance on the servers or the technology that underlies our Web site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEB SITE. OUR WEB SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) OUR WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEB SITE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEB SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR WEB SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR FRANCHISEES, AFFILIATES OR BUSINESS PARTNERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEB SITE, EVEN IF THERE IS NEGLIGENCE BY FIRED UP, INC., OR AN AUTHORIZED REPRESENTATIVE OF FIRED UP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. FIRED UP, INC.’S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT [INCLUDING, WITHOUT LIMITATION, NEGLIGENCE], OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT PAID TO ACCESS OUR WEBSITE.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Fired Up, Inc. may elect to resolve any controversy or claim arising out of or relating to these Terms or our Web site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. By use of our Web site, you agree to submit any controversy or claim to binding arbitration, if so elected by Fired Up, Inc. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Austin, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a state or federal court of competent jurisdiction in Travis County, Texas, necessary to protect the rights or the property of you or Fired Up, Inc. (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
All remarks, suggestion, ideas, graphics, or other information communicated to Fired Up, Inc. through this site (together, the “Submission”) will forever be the property of Fired Up, Inc. Fired Up, Inc. will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in the future Fired Up, Inc. operations. Without limitations, Fired Up, Inc. will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Fired Up, Inc. will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Fired Up, Inc., have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Web site or these Terms must be filed within one year after your use of the Web site which resulted in such claim or cause of action, or be forever barred.
These Terms will be construed in accordance with the laws of the State of Texas, and you irrevocably consent to the bringing of any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction located in Travis County, Texas if seeking interim or preliminary relief or enforcement of an arbitration award, and in connection therewith, you hereby irrevocably submit yourself to the jurisdiction of the state courts and federal courts located in Travis County, Texas.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Fired Up, Inc. is committed to safeguarding your privacy; we take your privacy seriously. We will not sell, rent or otherwise distribute your personally identifiable information, which we receive through our Web site or from any other source, to third parties except as explained below. Please read the following policy to understand the care with which Fired Up, Inc. will treat your information. This policy may change from time to time so please check back periodically.
What information does Fired Up, Inc. collect from me?
Fired Up, Inc. may collect information about you, such as your name, postal address, email address, zip code, phone number and dining preferences through any of the following: online email address submissions, in-restaurant surveys, research surveys, dining frequency cards, online gift card purchases, guest relations communications and online restaurant location searches or other voluntary activities.
Can I remain anonymous when I provide information to Fired Up, Inc.?
You can visit our Web site without identifying yourself or giving us any personal information. If you give us your email address, purchase gift cards online, voluntarily provide feedback to Guest Relations or complete a survey, you will no longer be anonymous to Fired Up, Inc. We may ask you for additional information from time to time, which you may decide to provide to us or not. If you contact Fired Up, Inc. through the Web site or otherwise, we may keep a record of that correspondence.
How does Fired Up, Inc. use the information?
Our primary goal in collecting information is to improve customer service by understanding your preferences, communicating our promotions and services and providing you with the best possible experience. For example, if you visit our Web site and give us your zip code, we are able to provide the location of the Carino’s Italian restaurant closest to you. We may also use your information to notify you of special offers and services available from Fired Up, Inc., its affiliated companies and franchisees.
On a blinded, aggregated basis, we may do research on our guests' and Web site users' demographics and behavior based on the information you, other guests and users provide to us. Personally identifiable information would not be used for this type of research. We may disclose such blinded and aggregated data and user statistics to third parties and for other lawful purposes.
Does Fired Up, Inc. share my information?
We will not sell, rent or otherwise distribute your personally identifiable information to third parties, except when we have your permission or under the following circumstances:
- As required by law: We may disclose or access your information when we believe in good faith that the law requires it.
- Gift cards: We use a third party service provider to facilitate the gift card service. That third party is required to maintain the confidentiality of your gift card information and may only use your information for the purposes of fulfilling and tracking your order, customer service and reporting to us.
- To provide service: We may share aggregated, non-identifiable information as well as personally identifiable information with our franchisees, affiliated companies and service providers, such as those who provide gift card service or email marketing. All such service providers are under contract with Fired Up, Inc. to help provide specific services. If you do not want your information to be shared, you can choose not to provide the information.
How does Fired Up, Inc. protect financial-related information?
Keeping your personal financial information private is vitally important to us. You may provide such information to us when you purchase gift cards online. We do not store credit card numbers or bank account numbers. This information will be kept secure and we will transfer your credit card number, bank account number or other personal information only to the third party gift card service provider, which is bound to keep your information confidential, and to the appropriate credit card company or bank only in order to process any online payments.
What security precautions are in place to protect the loss, misuse or alteration of my information?
We closely guard your personally identifiable information. We use encryption technology for credit card numbers and bank account numbers. Remember to close your browser window when you have finished your gift card order. This is to ensure that others cannot access your information by using your computer when you are away from it. Because of the global nature of the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Though no data transmission over the Internet can be guaranteed to be 100% secure, Fired Up, Inc. employs security techniques that are designed to protect the privacy of any information you share with us.
What are cookies and how does Fired Up, Inc. use them?
How do I opt out?
If you no longer wish to receive ongoing marketing communications from us, we will provide you with simple instructions on each marketing email from Fired Up, Inc. to enable you to unsubscribe from future emails from Fired Up, Inc.. You can be unsubscribed by contacting us at firstname.lastname@example.org or by writing us to our corporate office: Fired Up, Inc. 13420 Galleria Circle Building A, Suite 250 Austin TX 78738
What else should I know about my privacy?
Please keep in mind that whenever you voluntarily disclose information online, that information may be accessible to other online users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any other personal information. Please be careful and responsible whenever you are online.
How is information from children treated?
Fired Up, Inc. does not intend to collect any personally identifiable information from children under the age of 13 without verifiable parental consent. In fact, when we request personal information from users of this Web site, we also ask for their birthdate in order to comply with the Children's Online Privacy Protection Act (COPPA) which prohibits the collecting of personal information of anyone under the age of 13. If we learn that such a child has provided us with personally identifiable information, we will immediately delete it. If you learn that such a child has provided us with personally identifiable information, the parent or guardian should contact us at the Privacy Desk above and we will immediately delete it.