Last Modified: December 6, 2023 PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING A WEBSITE OR MOBILE APPLICATION (“APP”) PROVIDED BY LETTUCE ENTERTAIN YOU ENTERPRISES, INC. (“LEYE,” “WE” “US” OR “OUR”) ANY RELATED ENTITY OR AFFILIATE, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (EACH SUCH INDIVIDUAL OR ENTITY, AND LEYE, A “LETTUCE ENTITY”), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), INCLUDING THE ARBITRATION AGREEMENT AND SEPARATE CLASS ACTION WAIVER INCLUDED BELOW. These Terms govern all use of the websites and Apps (each, a “Service”) provided by LEYE or a Lettuce Entity. By accessing and using a Service, you agree, on your own behalf and on behalf of any person, corporation, or other entity that you represent or for which you access the Service (your “Company”), to be bound by and comply with these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms, you are not authorized to use our Services. Additional terms may apply to certain portions of a Service, including third-party platforms integrated with the Service to provide functionality such as online ordering. Such additional terms are posted in the applicable portion of the Service. If you access any such portions of the Service, you are bound by both those other terms and these Terms, with these Terms controlling in the event of any conflict between these Terms and those terms.
1. CHANGES TO THESE TERMS AND THE SERVICE
1.1. We may change these Terms at any time, and all such changes are effective immediately upon notice, which we may give by any means, including by posting a revised version of these Terms or other notice on the Service, or by any other reasonable means designed to provide notice under the circumstances. You should review the terms posted on the Service often to stay informed of changes that may affect you. Your use of the Service constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time.
1.2 We expressly reserve the right to make any changes that we deem appropriate from time to time to the Service or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Service (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
2. DISPUTE RESOLUTION
2.1 These Terms will be construed and enforced in accordance with the Federal Arbitration Act, and to the extent state law applies, the laws of the State of Illinois.2.2 ARBITRATION AGREEMENT
You and your Company agree that any and all claims, controversies or disputes of any kind (whether in contract, tort, or otherwise) you may have against LEYE or a Lettuce Entity, including any and all claims, controversies or disputes arising out of or relating in any way to these Terms, the Service or you or your Company’s use of it, or your relationship with LEYE or a Lettuce Entity, and including any dispute regarding these Terms or the enforceability, validity, legality, scope or applicability of this agreement to arbitrate, including arbitrability (each, a “Lettuce Dispute”), will be resolved in accordance with the provisions set forth in the following paragraphs. This Arbitration Agreement is intended to be interpreted as broadly as possible, consistent with governing law, and to survive after your relationship with the Service, LEYE or a Lettuce Entity ends.
Please read this paragraph carefully. It affects your rights and will have a substantial impact on how a Lettuce Dispute is resolved. You agree that whenever you have a Lettuce Dispute, you will send a written notice to Lettuce (a “Demand”) describing the Lettuce Dispute. You must send the Demand to the following address (the “Notice Address”): Lettuce Legal Disputes, 5419 N. Sheridan Road, Suite 116, Chicago, Illinois 60640. You agree that you will not take any legal action, including filing a lawsuit or instituting arbitration, until 30 business days after you send a Demand, except that, notwithstanding this provision and the provisions below, you may seek relief in small claims court for disputes or claims within the scope of its jurisdiction. LEYE and any applicable Lettuce Entity agrees to toll the limitations period, if any, from the date the Demand is sent until the Date the Demand is resolved.If the disagreement stated in the Demand is not resolved to your satisfaction within such 30 business days, the Lettuce Dispute:
(1) will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (the “AAA”) and conducted before a sole arbitrator in accordance with the AAA Consumer Arbitration Rules (as may be amended; see www.adr.org for current rules) and as modified by the agreement to arbitrate in this paragraph;
(2) this Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16;
(3) the arbitration shall be held in Chicago, Illinois, but may proceed telephonically, by video, or in another location if Chicago is not reasonably accessible, if both parties agree, or if the arbitrator otherwise deems it necessary;
(4) the arbitrator’s decision shall be controlled by these Terms (including this Arbitration Agreement) and any of the other agreements referenced herein that the parties may have entered into;
(5) the arbitrator shall apply Illinois law, without regard to its choice of law or conflict of law rules or principles that would result in applying the law of any other jurisdiction, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law;
(6) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the applicable Lettuce Entity or Lettuce Entities’ individual claims; the arbitrator may not consolidate or join the claims of multiple persons or parties who may be similarly situated against the applicable Lettuce Entity or Lettuce Entities; Notwithstanding any other provision of this Agreement, any dispute over the enforceability of this subparagraph (6) shall be resolved by the Court.
(7) in the event that the fees and deposits required to initiate arbitration against any Lettuce Entity exceed $250, and you demonstrate to the applicable Lettuce Entity’s satisfaction in its reasonable discretion that you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, the applicable Lettuce Entity agrees to forward them on your behalf, subject to being reimbursed in whole or in part, as permitted, based on an ultimate allocation by the arbitrator. In addition, if you are able to demonstrate to the applicable Lettuce Entity’s satisfaction in its reasonable discretion that the costs of individual arbitration will be prohibitive as compared to the costs of individual litigation, the applicable Lettuce Entity will pay as much of those costs (but not attorney or other representation fees) in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
(8) with the exception of subparagraph (6) above, if any part of this Arbitration Agreement is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subparagraph (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor the affected Lettuce Entity shall be entitled to arbitrate their dispute. If the parties agree the AAA is unable to conduct the arbitration, you may file your case with another national arbitration company agreed upon by both parties.
(9) If 10 or more claimants submit Lettuce Disputes or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (whether such cases are pursued simultaneously or not) (each such claim, a “Coordinated Claim”), those Coordinated Claims must be resolved in staged proceedings. You agree to this process even though it may delay the arbitration of Your claim. In the first stage, Coordinated Claimants’ counsel and the applicable Lettuce Entity will each select an equal number of Coordinated Claims (up to the lesser of one-half of the similar claims each or 10 cases each (20 cases total)) to proceed in arbitration and resolved individually by different arbitrators. In the meantime, no other Coordinated Claims, cases, or Lettuce Disputes involving the same or similar subject matter may proceed in arbitration, and the AAA must not assess or demand payment of fees for the remaining Coordinated Claims or administer or accept them. If the AAA nonetheless assesses or demands payments of fees for the remaining Coordinated Claims, any such Claimants agree to dismiss their arbitration demands without prejudice, with the statute of limitations being tolled from the date of the dismissal.
The arbitrators are encouraged to resolve the subset of selected cases within 120 days of appointment or as swiftly as possible thereafter, consistent with fairness to the parties. After the first stage is completed, the parties must engage in a single mediation of all remaining Coordinated Claims, and the applicable Lettuce Entity will pay the mediation fee. If the parties cannot agree how to resolve any of the remaining Coordinated Claims after mediation, the parties will repeat the process of selecting and filing up to 20 Coordinated Claims to be resolved individually by different arbitrators, followed by mediation.
If any Coordinated Claims remain after the second stage, the process will be repeated until all Coordinated Claims are resolved, with four differences. First, a total of 50 cases may be filed in the third and later stages. Second, the cases will be randomly selected. Third, arbitrators who decided cases in the first two stages may be appointed in later stages if different arbitrators are not available. Fourth, mediation is optional at the election of counsel for the Coordinated Claimants.
Between stages, counsel will meet and confer regarding ways to improve the efficiency of the staged proceedings, including whether to increase the number of cases filed in each stage. Either party may also negotiate with the AAA regarding the amount or timing of AAA fees.
This Section concerning arbitration of Coordinated Claims and each of its requirements are intended to be severable from the rest of this Arbitration Agreement. If the provisions relating to the staging process are severed, then the claims may be filed in individual arbitration pursuant to this Arbitration Agreement except that the payment of AAA Fees will be assessed as the arbitrations advance and arbitrators are appointed rather than when arbitrations are initiated.
(10) If you do not wish to be subject to this Arbitration Agreement, you may opt out of the Arbitration Agreement. To do so, within 30 days of the date that this Arbitration Agreement is accepted by you, you must send a written notice to the Notice Address stating your intent to opt out of this Arbitration Agreement, as well as your name, address, and the email associated with your account. If you do not opt out of this Arbitration Agreement within the 30-day period, you and LEYE and the applicable Lettuce Entity shall be bound by the terms of this Arbitration Agreement.2.3 Class Action Waiver
Separate and apart from the Arbitration Agreement set forth above and to the maximum extent permitted by law, you hereby independently waive any right to bring or participate in any class action, class arbitration, private attorney general action, or other representative action, however denominated, in any way related to any Lettuce Dispute.
YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST LEYE OR ANY LETTUCE ENTITY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.2.4 Jury Trial Waiver
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATING TO THESE TERMS.2.5 Limitations period
BY USING THIS SERVICE, YOU WAIVE ANY AND ALL RIGHTS TO BRING ANY ARBITRATION, CLAIM OR ACTION AGAINST LEYE OR ANY LETTUCE ENTITY IN ANY FORUM MORE THAN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION, OCCURRENCE, OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED, UNLESS LEYE OR THE APPLICABLE LETTUCE ENTITY AGREES OTHERWISE, OR UNLESS A LONGER PERIOD IS REQUIRED BY LAW.
4. INTELLECTUAL PROPERTY
You understand and agree that we own, or (where applicable) we have licensed from third parties, the Service and all of the Content. You acknowledge and agree that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing or using the Service or the Content. Such intellectual property and proprietary rights may include, but are not limited to, copyrights, trademarks and service marks, trade dress, and trade secrets, and all such rights are the property of LEYE or its licensors.
5. LICENSE TO ACCESS AND USE
5.1 You may access and use this Service only for your personal use (or, if accessing the Service on behalf of a Company, only your Company’s own internal use). Any other access to or use of the Service or the Content constitutes a violation of these Terms and may violate applicable copyright, trademark, or other laws. The Service is controlled and operated by LEYE from within the United States of America, and is intended for use only by residents of the United States and Canada. LEYE and the Lettuce Entities make no representations or warranties that the Content or the Service is appropriate or lawful in any other countries, or that any items offered for sale or download through links on the Services will be available outside the United States or Canada. We make no representation that Service or Content is appropriate or available for use in locations other than the United States. If you choose to access this Service from locations other than in the United States, you do so at your own initiative, at your own risk, and are responsible for complying with applicable local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the Service or any copy or adaptation of such content, in violation of any applicable laws or regulations, including United States export laws and regulations.
5.2 You may not access, use, or copy any portion of the Service or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by us in writing, in no event will you directly or indirectly reproduce, redistribute, duplicate, display, copy, sell, resell, or exploit for any commercial purpose any portion of the Service or the Content or any access to or use of the Service or the Content.5.3. In addition to the provisions of these Terms that apply to the Services in general, the following terms apply to use of our Apps:
(a) Apps are licensed to you, not sold. We grant you a personal, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use an App that you download from an authorized app store only in executable code form and only on the mobile device to which you download the App from the authorized app store. You must not copy the App or transfer the App or any Content accessed through the App from the device on which you originally downloaded the App to any other device. You must not disassemble, decompile or otherwise reverse engineer the App. Your license to an App terminates automatically if you fail to comply with any of the provisions of these Terms.
(b) Your wireless provider may charge for use of the App, including fees for receipt of text messages and data transmission. These fees are not charged by us. You should contact your wireless provider if you have any questions about its fees.
(c) By using an App, you agree that we may communicate with you regarding the Services and our restaurants, products and other services by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your device and usage of the App will be communicated to us.
6. RESTRICTIONS ON ACCESS
6.1 You represent and agree that all information that you provide to us in connection with your access to and use of the Service is true, accurate, and complete to the best of your knowledge and belief. You are responsible for maintaining the confidentiality of any information about you, including any username and any password used in connection with your use of the Service, and must not permit use of your account by anyone else. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone else is using your account, you should contact us immediately. LEYE and any Lettuce Entity will not be liable for any loss or damage arising from the unauthorized use of your username, password, or account.
6.2 LEYE reserves the right, in its sole discretion, to terminate your access to all or part of the Service, without notice or liability, for any reason, including (a) the unauthorized use of any username or password; or (b) the breach of any agreement between you and LEYE or any Lettuce Entity, including these Terms. Following any such termination of access, you will continue to be bound to these Terms to the fullest extent of the law.
6.3 Upon being notified that your access is terminated, you must destroy any materials you have obtained from the Service. You may not access the Service after your access is terminated without our written approval. After terminating your access, LEYE will retain all rights, including all intellectual property rights, proprietary rights, and licenses retained in these Terms, and the limitations upon your use and treatment of Content will remain in full force.
6.4 By using a Service, you represent that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Service with the consent of your parent or legal guardian and that your parent or legal guardian agrees to these Terms. If you are the parent or legal guardian of a Minor using the Service, you agree that the Minor is bound by these Terms and agree to indemnify and hold harmless LEYE and any Lettuce Entity if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Services at any time in any manner or submit any information to LEYE or any Lettuce Entity.
7. USER CONDUCT
7.1 In connection with your access and use of the Service, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct.
7.2 Neither you nor your Company may cause or permit any person to do any of the following: (a) use the Service or Content for any unlawful purpose; (b) use the Service to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (c) impose an unreasonably or disproportionately large load on the Service or otherwise interfere with or inhibit any other user of this Service from using or enjoying the Service; (d) use the Service to post or transmit any materials that is unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable in LEYE’s sole discretion; (e) use the Service to post or transmit any information which is invasive of another’s privacy or publicity rights or that otherwise violates or infringes in any way upon the rights of others; and (f) use the Service to post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication.
8. ONLINE TRANSACTIONS
8.1 Some of our Services offer you the opportunity to make reservations, order food, beverages or gift cards, or complete other online transactions. This Section 8 states additional terms that apply to such transactions (“Orders”). If a Service links to a third-party platform for the placement or processing of Orders, further terms posted there may apply.
8.2 Items available through the Services may differ from those available in our restaurants.
8.3 We try to be accurate when we describe and depict items on the Services. However, images and descriptions are only approximate and are subject to change and availability. We also cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images will always be complete, reliable, current and error-free. If you order an item through one of our Services that you believe is not as described or depicted, please let us know promptly so we can address the situation.
8.4 When you order an item, the price will be stated in U.S. Dollars. You agree to pay the price that is stated in your Order, as well as any applicable taxes. The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your Order.
8.5 We reserve the right to reject or cancel any Order, in whole or in part, at any time. If we do, we will attempt to notify you using the contact information provided in connection with your Order.
8.6 We accept only the payment methods indicated on the Services. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or we are otherwise unable to obtain payment when we try to charge your payment method, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts.
8.7 Gift certificates purchased through the Services will be considered to have been purchased in and issued from the State of Illinois. Title and the risk of loss to gift certificates passes to the purchaser upon our transmission to the recipient.
9.1 By disclosing or offering any information to us, including comments, computer files, documents, graphics, suggestions, ideas, or other information (each, a “Submission”), either through your use of the Service or otherwise, you authorize LEYE and any Lettuce Entity to make such copies thereof as we deem necessary, including to facilitate the posting and storage of the Submission on the Service. By making a Submission, you automatically grant, and you represent and warrant that you have the right to grant, to LEYE and any Lettuce Entity an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, adapt, publish, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), disclose and distribute such Submission for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Submission, and to grant and authorize sublicenses of the foregoing.
9.2 By making a Submission, you represent that you have all requisite rights to, and are authorized to disclose, all of the information contained in the Submission. You are fully responsible for any Submission you make and for the legality, reliability, appropriateness, and originality thereof.
LEYE takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Service. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure.
11.1 The Service may include hyperlinks to other services that are not maintained by LEYE or a Lettuce Entity. We are not responsible for the content of such external services and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such services. The inclusion of any hyperlink to external services does not imply endorsement by LEYE or any Lettuce Entity of those services or any products or services referred to therein. Hyperlinks to other services that are provided on the Service are not intended to imply that: (a) we are affiliated or associated with any external service; or (b) any linked service is authorized to use any of our trademarks, trade names, logos, or copyrights.
11.2 The terms of service and privacy policies applicable to external services may be different from those applicable to our Services. If you decide to access any external service through a link within our Service, you do so entirely at your own risk, and LEYE and any Lettuce Entity will have no liability for any loss or damage arising from your access or use of any external service. Since LEYE and any Lettuce Entity is not responsible for the availability of these services, or their contents, you should direct any concerns regarding an external service to the administrator of that service.
11.3 You agree that you will bring no suit or claim against us arising from or based upon any such use of external services, and that we will have no liability for such services or for any content appearing on such services.
11.4 Images of the LEYE or any Lettuce Entity logo can only be used for purposes of linking to a Service and can only be made with our express written permission. If we give such permission, you must use the LEYE or Lettuce Entity logo only in its original, unmodified form in a manner with our style guidelines. All use of the LEYE or any Lettuce Entity logo will inure to our benefit. By linking to the Service, you agree that you will not misrepresent your relationship with us or present false or misleading information about us. No hyperlinks to the Service may be used in a manner that implies or suggests that LEYE or any Lettuce Entity approves or endorses you, your website, or your goods or services. No hyperlink may appear on any page on your service or within any context containing content or materials that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
11.5 We reserve the right, at any time and in our sole discretion, to request that you remove from your service all hyperlinks or any particular hyperlink to the Service. We may at any time, in our sole discretion, with or without cause, withdraw the permission granted herein to use the LEYE or any Lettuce Entity logo and your right to link to any pages on the Service. Upon our request, you agree to immediately remove all hyperlinks to the Service and to cease using the LEYE or any Lettuce Entity logo for linking purposes. Thereafter, your posting of any future hyperlinks to the Service will require our express written permission.
12. USE OF TRADEMARKS
Except for the limited permission to use the LEYE or a Lettuce Entity logo as set forth in these Terms, you may not, without our express written permission, use any of LEYE or Lettuce Entity trademarks or service marks for any other purpose.
13.1 THE USE OF THE SERVICE BY YOU AND YOUR COMPANY IS AT YOUR AND ITS SOLE RISK. ACCORDINGLY, EXCEPT AS APPLICABLE TO CONSUMER PRODUCTS TO WHICH WARRANTIES MAY SEPARATELY APPLY, THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY LAW.
13.2 LEYE AND ITS AFFILIATES AND LICENSORS DO NOT WARRANT THAT: (a) THE USE OF THE SERVICE OR ANY THIRD PARTY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (b) THAT THE USE OF THE SERVICE OR ANY SUCH THIRD PARTY SERVICE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (c) THE CONTENT OR ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE OR ANY THIRD PARTY SERVICE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (d) THAT ANY DEFECTS IN THE SERVICE OR IN THE CONTENT WILL BE CORRECTED; OR (e) THAT THE SERVICE AND THE CONTENT ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
14. LIMITATION OF LIABILITY AND LIMITATIONS PERIOD
14.1 UNLESS REQUIRED BY GOVERNING STATE LAW, LEYE AND ANY LETTUCE ENTITY (INCLUDING ANY CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE) SHALL NOT BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR COSTS (INCLUDING LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ORDERS OR THE USE OF OR ACCESS TO THE SERVICE OR THE CONTENT, OR THE TRANSMISSION OF INFORMATION TO OR FROM THE SERVICE OVER THE INTERNET, EVEN IF ANY OR ALL OF THE LETTUCE ENTITIES HAVE BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
TO THE EXTENT GOVERNING STATE LAW DISALLOWS THE LIMITATION OR EXCLUSION OF LIABILITY STATED IN THE PRIOR PARAGRAPH, THE LIABILITY OF LEYE AND ANY LETTUCE ENTITY (INCLUDING ANY CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE) WILL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE MAXIMUM EXTENT PERMITTED BY GOVERNING STATE LAW.
14.2 WITHOUT LIMITING ANY OF THE FOREGOING SECTION 14.1, IF LEYE OR ANY LETTUCE ENTITY (INCLUDING ANY CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE) IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICE, ORDERS, OR YOUR USE OF OR ACCESS TO THE SERVICE, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED $100 IN ANY CALENDAR YEAR, OR THE REASONABLE VALUE OF THE ITEMS PURCHASED DIRECTLY THROUGH THE SERVICE, WHICHEVER IS GREATER.
You agree to defend and indemnify any applicable Lettuce Entity against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Service; (b) your access to and use of the Content, the Service, and other materials, products, and services available on or through the Service and LEYE or any Lettuce Entity; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your service; and (f) any unauthorized use of a username, password, or account. We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
16. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. Accordingly, we have adopted a policy for the termination in appropriate circumstances of subscribers and account holders of the Services who are repeat infringers. If you believe that content on a Service infringes your copyright, you may send us a notification pursuant to Section 512 of the Copyright Act (17 U.S.C. § 512) to our designated agent as follows:Legal Department Lettuce Entertain You Enterprises, Inc. 5419 N. Sheridan Rd. Chicago, IL 60640 Telephone: 773-878-7340 Email: email@example.com
17.2 Our electronically or otherwise properly stored copy of these Terms will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms in connection with any action or proceeding arising out of or relating to these Terms.
17.3 Any provisions of these Terms that are reasonably inferable to have been intended to survive termination (including any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Service.
17.4 These Terms do not confer any rights, remedies, or benefits upon any person other than you.
17.5 We may assign our rights and duties under these Terms at any time to any third party without notice. You may not assign these Terms without our prior written consent.
17.6 Our waiver of any breach of these Terms will not be a waiver of any preceding or subsequent breach thereof.
17.7 Unless a provision of these Terms says otherwise, if any provision of these Terms is held to be invalid or unenforceable, that provision will be stricken and severed and will not affect the validity and enforceability of any remaining provisions.
17.8 LEYE and all Lettuce Entities reserve the right to provide to law enforcement authorities possible evidence of use of the Service for what LEYE believes to be illegal or improper purposes.
17.9 Discontinuation of use of this Service is your sole right and remedy for any dissatisfaction with the Service or any of the Content.
19. OTHER AGREEMENTS
If you have entered into a separate agreement with LEYE or any Lettuce Entity with respect to your use of the Service or any Content, that agreement will supersede these Terms to the extent they are in conflict.
Please contact us with any questions regarding the Service or these Terms at: Lettuce Entertain You Enterprises, Inc., 5419 N. Sheridan Rd., Chicago, IL 60640, Telephone: 773-878-7340, Email: firstname.lastname@example.org.