Last Updated: January 25, 2019
You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms from Friendly’s or any third party acting on its behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide Friendly’s with a valid credit card accepted by us, charge card, Friendly’s-specific gift card or Friendly’s-specific cash card (“Payment Provider”). You acknowledge and agree that for each order you place through the Service, the full cost of Products you order will be assessed against your Payment Provider. You acknowledge and agree that a command originating from your Account constitutes an authorization for the Service to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your Account. The Service will provide you with reasonable notice of any material modification in the fees charged for the Products, which notice may be provided by posting the new fee schedule on the Website. You agree to immediately notify Friendly’s of any change in your billing address or the credit card used for payment hereunder.
You acknowledge that Friendly’s is not responsible for full or partial refunds on purchases of Products or related order fulfillment charges, including any associated delivery-related charges. Addressing customer requests for refunds on purchases of Products will be the sole responsibility of the Friendly’s location at which the order was placed in accordance with such location’s refund policies. Contact the location directly with the phone number provided as soon as possible to request a full or partial refund.
YOU EXPRESSLY AGREE THAT USE OF THE PROPERTIES IS AT YOUR OWN RISK. THE PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRIENDLY’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. FRIENDLY’S MAKES NO WARRANTY THAT THE PROPERTIES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE PROPERTIES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH USE OF THE SERVICES IS DONE AT YOUR OWN RISK, AND FRIENDLY’S MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRIENDLY’S OR THROUGH THE PROPERTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The content and information on the Properties (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, maps, icons, software, code or other material) (collectively, the “Content”), as well as the infrastructure used to provide such Content, is proprietary to Friendly’s. You agree that Friendly’s and its suppliers own all rights, title and interest in the Properties, including without limitation all Content, trademarks, brand names, and logos therein. All such material is protected by relevant intellectual property laws, including copyright, trademark, patent and/or trade secret laws. Such material may not be modified, reproduced, transmitted, sold, offered for sale, publicly displayed, or redistributed in any way without Friendly’s prior written permission and the prior written permission of any other applicable rights licensor. All trademarks, brands, slogans and other indicia of origin (“Marks”) that appear on or in connection with the Properties or Products are the property of Friendly’s and/or its affiliates, licensors and/or licensees. You are not authorized to use any such Marks.
Please read this Section 11 (“Arbitration Agreement”) carefully. It is part of your contract with Friendly’s and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
You may give notice to Friendly’s only at the following address:
FIC Restaurants, Inc.
1855 Boston Road, Suite 200
Wilbraham, MA 01095
Attn: General Counsel
Such notice shall be deemed given when received by Friendly’s by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.
You may not use, export, import, or transfer the Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Properties, and any other applicable laws. In particular, but without limitation, Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Friendly’s are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Friendly’s products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
You also confirm that your web browser meets the following requirements:
If our requirements change, we will post to the Website the updated requirements. Continuing to use the Website after posting of the changes to the Website is reaffirmation of your consent.
Please be aware that by submitting any message, data, information, text, music, sound, photos, graphics, code or any other Content to any of the Properties by electronic mail, postings on the Website, or other social network platforms operated by Friendly’s, including any questions, comments, suggestions, ideas or the like contained in any submissions (collectively, “Submissions”), you are certifying that you are the rightful owner or licensee of the Submission, that you are at least 18 years old, and you grant Friendly’s a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that Friendly’s may choose to provide attribution of your comments or reviews at our discretion. You further grant Friendly’s the right to pursue at law any person or entity that violates your or Friendly’s rights in the Submissions. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
The Properties and/or Friendly’s social network platforms may contain discussion forums, bulletin boards, reviews or other means in which you or third parties may post Content, messages, materials or other items (“Interactive Areas”). If Friendly’s provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Properties or Interactive Areas any of the following:
Friendly’s takes no responsibility and assumes no liability for any Submissions posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Friendly’s liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Friendly’s is not liable for any statements, representations or Submissions provided by its users in any public forum, personal home page or other Interactive Area. Although Friendly’s has no obligation to screen, edit or monitor any of the Submissions posted to or distributed through any Interactive Area, Friendly’s reserves the right, and has absolute discretion to, or not to, remove, screen or edit without notice any Content posted or stored on the Properties at any time and for any reason.
If it is determined that you retain moral rights (including rights of attribution or integrity) in Submissions, you hereby declare that (1) you do not require that any personally identifying information be used in connection with the Submission, or any derivative works of or upgrades or updates thereto; (2) you have no objection to the publication, use, modification, deletion and exploitation of the Submission by Friendly’s or its licensees, successors and assigns; (3) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Submission; and (4) you forever release Friendly’s and its licensees, successors and assigns, from any claims that you could otherwise assert against any of them by virtue of any such moral rights.
Friendly’s respects the intellectual property rights of others. Friendly’s may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe your work has been copied and is accessible at the Website or Application, or other social network platforms operated by Friendly’s, in a way that constitutes copyright infringement, or that the Properties contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512.
Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail: FIC Restaurants, 1855 Boston Road, Suite 200, Wilbraham, MA 01095, Attn: General Counsel; by email: firstname.lastname@example.org; or by telephone: (413) 543-2400.
Please provide our agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
Friendly’s shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
If you have any questions, complaints or claims with respect to a restaurant or restaurant services, please contact the restaurant at https://www.friendlysrestaurants.com/locate/ or Friendly’s help desk at email@example.com.
If you have any questions, complaints or claims with respect to the Properties, please contact Friendly’s customer service at firstname.lastname@example.org.
If you have an issue with the web hosting service, please contact Amazon Web Services at: https://aws.amazon.com/contact-us/.