Eat, Drink, Be Hppy

 

 

Terms and Conditions

 

EFFECTIVE DATE: Updated January 31, 2013

 

 

Welcome to the web sites of BL Restaurant Operations, LLC, its subsidiaries, parent, and affiliated companies (collectively, “Bar Louie”) (this "Site"). Set out below are certain terms and conditions for use of this Site (“Terms and Conditions”). You agree to be bound by these terms if you use this Site. If you do not agree with these Terms and Conditions do not use this Site. Be sure to check this page periodically for updates, as your continued use of this Site signifies your acceptance of any changed items.

 

Bar Louie App

Bar Louie has created a mobile application of the Bar Louie Gift Card (“Bar Louie App”) for mobile users to download and send a Bar Louie Gift Card to anyone via an applicable mobile unit or via social networking sites. Bar Louie is not responsible for any use or misuse of such units or social networking sites by any user. This application provides the user a replica of a Bar Louie Gift Card and all terms and conditions associated with the Bar Louie Gift Cards are set forth below. By ordering a Bar Louie Gift Card through this app you agree to be bound by such terms and conditions as well as the Bar Louie App terms and conditions agreed and accepted with the download. All state and federal laws apply to purchasers and recipients of the Bar Louie App as are with Bar Louie Gift Card. Please note that although the user of the Bar Louie App may purchase and send a Bar Louie Gift Card to a recipient with a suggestion of a beverage or other item, the recipient of the Bar Louie App may utilize their Gift Card for the purchase of any food or beverage in accordance with the use of a Bar Louie Gift Card.

 

Gift Cards

Bar Louie offers gift cards for your purchase, receipt and use (“Bar Louie Gift Card”) subject to the terms and conditions set forth herein and applicable state and federal laws. We use a third party service provider to make gift card services available to you. The information that you submit while placing a gift card order ("Gift Card Information"), including your name, address, email address, phone number and credit card information, is collected by our third party gift card service provider. Bar Louie does not collect or store your Gift Card Information and will not share this information with other third parties. We require our gift card service provider to maintain the confidentiality of the Gift Card Information that you submit and to use the Gift Card Information only for purposes related to fulfilling and tracking your order, providing you with related customer service and for reporting purposes. We also require our gift card service provider to maintain your Gift Card Information confidential and to use at least industry standard encryption technology and security procedures for all payment processing. Protect your Bar Louie Gift Card like cash. Lost or stolen Bar Louie Gift Cards will not be replaced. Bar Louie does not charge any service fees on Bar Louie Gift Cards and each Bar Louie Gift Card may be redeemed for food and beverages at any participating Bar Louie. Bar Louie Gift Card sales are final and cannot be returned and cannot be resold for less than face value.

 

PROGRAMS

Louie’s Crew Terms and Conditions

Bar Louie may discontinue, or change from time to time or at any time, any program including without limitation “Louie’s Crew”, “Text Club”, or “Email Club” without prior notice (“Program”). This set of terms is in addition to or supplement the aforementioned Terms and Conditions and for use of the Programs as defined. Throughout these Program terms, we make reference to Bar Louie, which is also defined in the Terms and Conditions. Be sure to check these Program terms periodically for updates, as your continued participation in the Program signifies your acceptance of any changed items.

 

Eligibility and Registration

You must be at least 21 years of age at the time of enrollment to participate in a Program with a valid postal zip code, email address and telephone number. Louie’s Crew allows only one person to use a registered email address or mobile telephone number. To become a Program member, you must register and provide certain information including first name, last name, email address, birthdate, zip code, Bar Louie location preferred and specification of what type of communication you prefer; I.e. email, text message or both. You agree to provide accurate registration data and to update your registration data as necessary to keep it accurate. Your registration data will be used in accordance with the privacy policy.

 

Privileges and Rewards

Your use or operation of the Program may allow you to receive certain rewards or privileges, which may not be identified to you in advance. Purchases at participating Bar Louie locations (which may or may not include franchisees) may be required to redeem offers. Check with your Bar Louie location to identify participating locations. Rewards may be issued by Bar Louie on a periodic basis. Number, type and frequency of rewards are based upon a number of factors, including without limitation, volume and type of purchases at participating the Bar Louie, member usage, type and amount of personal information provided, and type and amount of participation in and/or interaction with other Programs and/or applications. You are not obligated to accept or utilize any rewards. Bar Louie reserves the right to terminate or change the Program, including these Program terms, and/or terms of the rewards, at any time without notice.

 

Termination

You may terminate your participation in the Program by following the unsubscribe link in our email communication with you or by texting STOP to 89074. Your participation in the Program may be discontinued by us in connection with unauthorized or fraudulent use of the Program or violation of these Program terms. Bar Louie reserves the right to seek all remedies available at law and in equity for violations of any of the Program terms, including suspending or blocking your access to the Program or member card.

 

GENERAL TERMS

Nutritional and Other Information

Nutritional and other information provided on this Site applies only to menu items made available by Bar Louie.

 

Links to Other Sites

This Site may provide links to co-branded, third party supplier sites in addition to other web sites not operated by Bar Louie. Such links do not imply, nor should you infer, association, sponsorship, affiliation or endorsement of material on any other site, and Bar Louie assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. Any creation by you of hyperlinks to this site is not allowed without the express without consent of Bar Louie.

 

Information We Collect and How We Use It

Information is collected about you (directly and/or through the activities of franchisees and third party suppliers and service providers (“suppliers”)) from various sources, including without limitation the following: (i) Information you provide when you contact us through the website, (ii) Information you provide on the sign up slips, online pages, surveys, or other submission through the barlouieamerica.com website or in connection with the Program, (iii) Information recorded as a result of your interaction with us and/or franchisees, and (iv) Information you provide when you respond to surveys conducted by or on behalf of us and/or franchisees. The information collected may be combined, used and disclosed in a number of ways by us (directly and/or through the activities of franchisees and supplier(s)), to help us better understand and serve our customers, including without limitation the following: (i) to administer the Program including providing you with Program benefits and related communications, and to verify your participation in the Program; (ii) to provide you with, or otherwise respond to your requests for, information and/or services, including but not limited to e-newsletters, marketing programs, or other options in our marketing programs; (iii) to provide you with information about new products or services, events in our locations, Bar Louie sponsored events, including but not limited to contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about our affiliated company(ies), franchisees and/or other programs any of us or them are involved with; (iv) to enhance our customers' experiences in our locations, on this Site and in the Program; (v) to analyze customer behaviors and trends; (vi) to conduct research and analysis and to otherwise measure the effectiveness of our online and offline marketing efforts and to develop products, services, and marketing programs; (vii) to coordinate Program activities and communications with other marketing programs conducted by us and/or franchisees; or (viii) as otherwise described in this Site.

 

Privacy

We do not sell or rent to third parties any of the personal information that you provide to us through this Program, or authorize any of our suppliers to sell or rent any such personal information, and we do not authorize any of our suppliers to make independent use of your personal information for their own purposes, including but not limited to for direct marketing. However, aggregated information about customers participating in the Program, surveys or otherwise providing information to Bar Louie (directly or through franchisees and/or supplier(s)) may be combined and utilized by Bar Louie, franchisees and/or supplier(s) for purposes of research, benchmarking and other like uses. Additionally your information may be disclosed in connection with a transfer/sale of business/assets, our compliance with applicable laws, and/or investigation of fraud or violation of these Program terms and other like activities. Please see Bar Louie’s full version of its Privacy Policy at www.barlouieamerica.com/privacy-policy.aspx .

 

Miscellaneous

Bar Louie, its affiliates, ours/their franchisees, and suppliers make no representations, warranties or conditions of any kind, express or implied, with respect to the Program, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Bar Louie does not represent or warrant that the Program will always be accessible or accepted. In the event that Bar Louie, its affiliates, our/their franchisees, and/or suppliers are found liable to you for any reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed $100. Bar Louie shall have no liability for any incidental, indirect, special, punitive or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with the Program or any rewards that may be offered, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Bar Louie have any liability for unauthorized access to, or alteration, theft or destruction of your Program information, member card, or reward through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond Bar Louie’s control.

 

General Use

Bar Louie uses service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate this Site, to provide other services in support of this Site, to create this Site and its content, and in support of any programs that may be available through or described on this Site, and each is hereinafter singly and collectively referred to as a “supplier”. The logos, trademarks, designs or information contained in this Site is the property of Bar Louie or Bar Louie is a licensed user of such information and your reproduction, duplication, or otherwise exploitive use for any commercial purpose without the express without consent of Bar Louie is prohibited. Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Bar Louie, it supplier(s), or any third party. This Site, unless specifically otherwise identified, does not create a business or professional services relationship between you and Bar Louie, its supplier(s) or any of its franchisees. You may not use this Site for any purpose that is unlawful or prohibited by this Statement, or cause damage on or through this Site. You promise that none of your communications with or through this Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through this Site, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner. You agree to defend, indemnify and hold Bar Louie, its parent, affiliates, franchisees, agents, licensors, and supplier(s) and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the foregoing statements.

 

DISCLAIMER

This site, and all its contents, and each supplier website accessible from or through this site, are provided to you "as is," without warranty of any kind, either express or implied. Bar Louie and its franchisees and suppliers, any supplier website accessible from or through this site and/or their contents and each of their respective officers, directors, employees and insureds (collectively, “Bar Louie parties”) make no representations, express or implied, including, but not limited to, the implied warranties of merchant ability, fitness for a particular purpose, title, non-infringement of the rights of third parties, data accuracy, systems integration, or quiet enjoyment. Bar louie parties do not warrant or make any representations regarding the use or the results of the use of the features of or information available on this site in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While we make reasonable efforts to provide accurate and timely information on this site, you should not assume that the information provided is always up to date or that this site contains all the relevant information available about our company. Bar Louie undertakes no obligation to verify or maintain the correctness, accuracy, reliability or currency of such information. Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of Bar Louie or any franchisee, supplier, any supplier website accessible from or through this site, and/or their contents, or any of their officers, directors, employees or insured to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this site or $100, whichever is less. You agree to bring any and all actions within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

 

Governing Law and Jurisdiction

This Site is operated by or for Bar Louie. Bar Louie makes no representation that the information in this Site is appropriate or available for use outside of the United States, and access to this Site from territories where the content of this Site may be illegal is prohibited. If you access this Site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside of the United States do so based on their own initiative and are responsible for compliance with applicable local laws. These Terms and Privacy are governed and interpreted under the laws of the State of Texas, United States of America. By using this Site you consent to the jurisdiction of the courts located in Texas for any action arising from these Terms and Conditions or Privacy Policy. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms and Conditions and/or Privacy Policy is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. The failure of Bar Louie to act with respect to a breach of these Terms and Conditions and/or Privacy Policy by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.

 

Notices

To request consent or any other notice related to this Site, please send as follows: BL Restaurant Operations, LLC Attn: Legal Department 4550 Beltway Drive Addison, Texas 75001 Any content made available by a franchisee through any co-branded or third party provider website is the responsibility of the franchisee.