Effective February 11, 2021
Downtown Foods, LLC. Downtown Foods, LLC, its subsidiaries, and affiliated entities (collectively “us”, “we”, “Downtown Foods”) are represented on and conduct business through the following websites Clevelandershamburgers.com; Maderostreettacos.com; Elgallobreakfastburritos.com; and Nanjingnoodles.com, and all corresponding webpages, software applications, mobile applications that link to the terms and conditions included herein (collectively “Sites”).
The following Terms of Service (“Terms” or “Terms of Service”) are a legal agreement between you (“you” or “your”) and Downtown Foods, LLC, Inc. (“Downtown Foods, LLC,” “we,” “us” or “our”) and govern your access to and use of our Sites, which include any websites, applications, digital ordering features, or any other ways Downtown Foods, LLC allows you to engage with us (including but not limited to buying food or ordering food online) directly or through a third party linked to one of the Sites (collectively, part of the “Services”) and Payment Transactions facilitated on the Downtown Foods, LLC by various point of sale features (“Point of Sale”).
FROM TIME TO TIME WE MAY UPDATE OR MODIFY THESE TERMS OF SERVICE AT OUR DISCRETION, AND WILL POST THE UPDATED TERMS TO THIS SITE. SUCH UPDATES MAY BE REQUIRED IN ORDER TO REFLECT ENHANCEMENTS TO OUR SERVICES OR OUR WEBSITE. THE UPDATED TERMS OF SERVICE WILL BECOME EFFECTIVE AS OF THE EFFECTIVE DATE INDICATED IN THE TERMS OF SERVICE (“EFFECTIVE DATE”). ANY USE OF THE SERVICES AFTER THE EFFECTIVE DATE MEANS YOU HAVE ACCEPTED THE UPDATED TERMS. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT YOU DO NOT ACCEPT THE UPDATED TERMS OF SERVICE IS TO CEASE YOUR ACCESS TO AND USE OF THE SERVICES AND OUR WEBSITE.
Downtown Foods, LLC uses the Sites to allow its Guest (defined as customers who use the Sites to view Downtown Foods, LLC’s offerings, by food, order food, or engage with any brands) to place orders for food, beverages, and related products and services (“Purchases”). Additionally, the Sites are designed to facilitate payment for Purchases with the use of an eligible Payment Method (“Payment Transactions”).
COLLECTION OF INFORMATION
LOYALTY AND REWARDS
Downtown Foods, LLC will use all information collected from you to enhance its marketing capabilities. Downtown Foods, LLC will also retain third parties to help with its marketing efforts. Guest information will be shared with third parties as determined necessary by Downtown Foods, LLC consistent with applicable law. We also reserve the right to use collected data to create a loyalty program. By enrolling in any loyalty program offered by Downtown Foods, LLC or by a third party technology provider, you expressly agree to these program terms.
You may enroll in a Downtown Foods, LLC loyalty program by signing up at a store or while placing an order, subject to the terms and conditions related to its loyalty program. Once you have enrolled, you may earn points when you make Purchases, which can later be redeemed for discounts or other benefits. If you initiate a return, chargeback, or refund, points associated with the Purchase may be revoked.
We are solely responsible for the operation and maintenance of our loyalty program, including establishing the number of points that you may earn when you make Purchases, setting redemption thresholds, and determining how and when points may be redeemed for rewards. We reserve the ability to modify our loyalty programs and/or to modify the points balance held by any individual Guest.
Promotions, and Points earned through any loyalty program offered by Downtown Foods, LLC have no cash value and cannot be transferred, redeemed, or sold for cash. Subject to notice requirements under Applicable Law and Rules, Downtown Foods, LLC reserves the right, in its sole discretion and at any time, to modify, suspend, terminate, revalue or cancel its own loyalty program and/or the technology services that enable us to offer loyalty programs through any of the Sites. In the event Downtown Foods, LLC terminates any promotion or loyalty program offered by any of its Sites, Downtown Foods, LLC will, in accordance with the Applicable Law and Rules, maintain records of Guest’s loyalty points for one year following termination of the loyalty program in the event the loyalty program is reinstated within one year of termination. Downtown Foods, LLC reserves the right to adjudicate any discrepancies or disputes regarding rewards allocations or these program terms in its sole discretion and you agree to abide by any such adjudication.
DATA PRIVACY AND SECURITY
Downtown Foods, LLC makes available the Services and, either directly or through a third party service provider, processes Payment Transactions for Purchases through its selected payment networks. When you make a Purchase, you authorize Downtown Foods, LLC, and its agents, to submit the charge in the amount of the Purchase (including any gratuities, fees and taxes) to your Payment Method as well as any credits in connection with chargebacks, reversals, refunds or adjustments. Downtown Foods, LLC, will use agents to assist it in submitting the Payment Transaction to the payment network and processing the Payment Transaction. Upon Downtown Foods, LLC receiving the proceeds of the transaction, your payment obligation will be deemed completed (except in the case of a later chargeback or reversal).
You must provide a valid Payment Method to pay for your Purchases made for any of our Services. You authorize Downtown Foods, LLC to confirm your Payment Method is in good standing with the issuing financial institution. In order to do so, Downtown Foods, LLC may obtain an authorization to charge your Payment Method for a Payment Transaction. This authorization may reduce your available funds balance by the authorization amount until the Payment Transaction is actually charged to your Payment Method and the proceeds are processed and settled. Please contact your Payment Method issuer if you have questions regarding the status of an authorization or of a charge to your Payment Method. You agree that Downtown Foods, LLC, may resubmit a Payment Transaction for processing to a payment network in the event a prior Payment Transaction was declined or returned.
If you choose to store Payment Method information with Downtown Foods, LLC for your convenience and use in future transactions, you agree that Downtown Foods, LLC may receive up-to-date information on your Payment Method information (such as card number or expiration date) through services available from the card networks and may update your Payment Method credentials stored with Downtown Foods, LLC (if you choose to store your Payment Method credentials) from time to time.
ORDER CHANGES, CANCELLATIONS, REFUNDS
Once a Purchase has been made you will need to contact the store directly to inquire if you can make a change to or cancel the Purchase or whether you may receive a refund.
NO CASH VALUE OF PROMOTIONS
When you use the Sites and linked third-party websites, mobile Apps, and/or digital ordering systems you may receive discount codes (“Promotion Codes”) at checkout to receive discounts or other promotional offers on purchases (“Promotions”), subject to any terms and conditions of the specific Promotion Code or Promotion, as displayed on the Sites or related print, social media, or digital marketing materials. The promotional value will be assigned by Downtown Foods, LLC. Promotion Codes may not be redeemed for cash and are non-refundable and non-transferrable. Downtown Foods, LLC reserves the right to modify, suspend, terminate, or alter the terms of any Promotion Code or Promotion at any time. Promotion codes may not be reused in the event of a cancellation and/or refund.
DISCLAIMER OF WARRANTIES
DOWNTOWN FOODS, LLC WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY MISHANDLING OF ITS FOOD BY THIRD PARTY DELIVERY PROVIDERS. WE EXPRESSLY DISCLAIM ILLINESSES, INJURY or DAMAGES THAT RESULT FROM THIRD PARTY HANDLING OF FOOD ORDERED BY GUEST.
EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, DOWNTOWN FOODS, LLC HEREBY EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE SERVICES AND ALL FOOD PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SITES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON- INFRINGEMENT AND QUALITY. DOWNTOWN FOODS, LLC RELIES ON GUEST TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION. DOWNTOWN FOODS, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON ITS SITES IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.
Downtown Foods, LLC does not guarantee the functions contained in the Sites will be uninterrupted or error-free, that the Sites or their servers will be free of viruses or other harmful components, or that defects will be corrected even if Downtown Foods, LLC is aware of them. The Sites may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on the Sites may include technical inaccuracies and typographical errors.
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, DOWNTOWN FOODS, LLC’S LIABILITY OF WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
RELIANCE ON LIMITATIONS
Each party acknowledges that Downtown Foods, LLC has agreed to provide Services to Guest only in reliance on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Guest should immediately discontinue use of the Sites and not order any food or take advantage of any of the Services if Guest are not in agreement with Downtown Foods, LLC’s reliance on the limitations stated herein.
OWNERSHIP OF CONTENT AND USE OF TRADEMARKS
Downtown Foods, LLC owns or has license to all rights, title, interest, copyright and other worldwide intellectual property and trade secret rights in and to the Services (including all derivatives or improvements thereof).
CONSENT TO CONTACT
By voluntarily providing your mobile phone number, email address, social media handle, home address to Downtown Foods, LLC, you confirm that we are authorized to contact you using electronic communications and direct mail. If you provide a mobile number, you expressly agree that Downtown Foods, LLC may contact you using automated telephone call, and SMS or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, informational, and operational purposes.
CONSENT TO ELECTRONIC COMMUNICATION
Your consent to receive electronic Communications is valid until and unless you revoke it. You may revoke your consent at any time, however, consent to electronic. If you wish to revoke your consent for electronic Communications, please contact email@example.com
PRODUCT SALES AND AVAILABILITY
All prices displayed on Sites are in U.S. Dollars and are valid and effective only at the brand specified. Downtown Foods, LLC reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Sites.
Some embedded content or links on this Sites will redirect you to sites not under the control of Downtown Foods, LLC. The appearance of embedded content or a link on this Sites does not imply Downtown Foods, LLC’s support or endorsement, nor is Downtown Foods, LLC responsible for the quality, content, nature or reliability of information found on any embedded content or linked site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk.
THIRD-PARTY ADVERTISEMENTS AND PROMOTIONS
Downtown Foods, LLC may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Downtown Foods, LLC is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Sites.
You agree to indemnify, defend and hold harmless Downtown Foods, LLC, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Sites, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Sites.
METHODS OF AGREEMENT
You acknowledge and agree that by visiting the Sites, clicking on the “Order Here”, “Order”, “Submit” or similar button on the Sites, Online Ordering page (including third party ordering page, TakeOut App or other feature offered under our Sites), you are indicating your intent to sign these Terms of Service. You also agree that the above actions shall constitute your electronic signature to these Terms or other such document displayed with the button(s) and relating to the Services. You further agree that your electronic signature on these Terms shall have the same legal effect under state and federal law as if you signed the documents in ink on paper.
Any action, claim, or dispute related to these Terms of Service will be governed by the laws of the State of Nevada, excluding its conflicts of law provisions, and controlling U.S. federal law.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect. Failure of Downtown Foods, LLC to act on or enforce any provision of these Terms will not be construed as a waiver of that provision or any other provision herein. No waiver will be effective against Downtown Foods, LLC unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Downtown Foods, LLC and you, these Terms, including any Downtown Foods, LLC policies governing the Services referenced herein, constitute the entire agreement between you and Downtown Foods, LLC with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between you and Downtown Foods, LLC with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import.