TERMS OF USE

 

Welcome to Johnny Carino’s.  Please read these Terms carefully.  Your use of the Site constitutes your agreement to these Terms. If you do not agree to the Terms, you may not use the Site. These Terms incorporate our Privacy Policy: www.carinos.com/privacy-policy

These Terms govern your use of the website and our products or services (collectively, the “Services”), including those offered in-restaurant, online, through a mobile application or otherwise. Your use of some Services may be subject to specific additional conditions. If these Terms and such additional conditions conflict, the additional conditions will control.

For purposes of these Terms, Johnny Carino’s (also “we”, “our”, “us) refers to non-franchisee Johnny Carino’s restaurants and its owners and operators, who are not part of the Johnny Carino’s retail franchisee network. This Terms of Use Policy does not apply to those independent third-party franchisees, who own their businesses and may operate their own websites, mobile applications, social media pages, or other online services.  You should refer to their privacy policies for more information about their practices.     

 

Your Conduct

You agree that you will comply with these Terms and that you will not engage in conduct or communications with respect to the Site that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others; (b) contain  viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component that may damage, intercept, expropriate or interfere with any system, data, or personal information; (c) impose an unreasonably or disproportionately large load on our infrastructure; (d) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks or servers by hacking, password “mining” or any other illegitimate means; (e) collect, scrape or store personal information about other users or otherwise violate their privacy; or (f) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of ours or any third party; or (g) advocate, encourage or engage in activity that violates any applicable local, state, national or international law.  You agree not to access, acquire, copy, monitor or circumvent any portion of our Site, systems, networks or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available through the Site. 

We reserve the right to bar any such activity or use in our discretion without prior notice, as well as restrict, suspend, or terminate your access to Services or the Site; change, suspend, or discontinue Services; refuse, move, or remove any Site content; or establish other practices and limits concerning use of the Site. You agree that we will not be liable to you or any third party for taking any of these actions. Nothing in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Website. 

 

Information You Provide

You agree to provide us with true, accurate, current, and complete information.  You represent and warrant that you have the legal right to provide it, and it does not violate any third party’s intellectual property, privacy, or other proprietary rights.  By uploading, sending, posting or otherwise providing us with any information or material, you grant us an unrestricted, irrevocable, worldwide, non-exclusive license to reproduce, display, perform, modify, transmit, distribute, or use it in our sole discretion.  You agree we are free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including to create derivative works.

 

Johnny Carino's Text Club Program

Members of Johnny Carino’s Text Club receive text (SMS) messages about Johnny Carino’s restaurants, including in-restaurant and online offers.  Members must provide Johnny Carino’s with a mobile telephone number and zip code.  Members must expressly consent to Johnny Carino’s sending of automated text messages to the number provided.  If at any time you experience issues, you can text the keyword HELP for more information, or seek help directly via www.carinos.com/contact-us.

You can cancel marketing (SMS) texts at any time by texting “STOP.”  For further information on unsubscribe   We will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

As always, message and data rates may apply for any messages sent to you from us and to us from you. Recurring messaging and frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.  Carriers are not liable for delayed or undelivered text messages.

 

Third Party Sites and Information

Our Site may have links to other websites or make reference to information, documents, software, materials and/or services provided by other parties. We have no control over these websites or resources, nor do we sponsor or endorse them by implication.  You should look to the terms or privacy policy of such websites for information.  You agree that we are not responsible or liable for any content, advertising, or other materials available through these third-party websites and resources, and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource.

If a third-party website links to our Site, the third party agrees pursuant to these Terms of Use to remove and/or disable such link should we so demand.  

 

Intellectual Property

The entire content of the Site, including but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”) is owned controlled, or licensed by or to us or our affiliates or business partners.  

The Site and the Content, except for that in the public domain, is protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.

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 Site in whole or in part, other than as necessary for your own personal non-commercial use, without our prior written consent.

You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, website, medium or commercial enterprise, any part of the Site or any Content without our express prior written consent.

Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except permitted or consented by these Terms.

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.

 Digital Millennium Copyright Act Notice: 

We respect the intellectual property rights of others and expects users of the Site and our Services to do the same.  We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.

If you believe our Site infringes your copyright, please provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed
• A description of the copyrighted work that you believe has been infringed
• The location on the Sites of this allegedly infringing material
• Your address, telephone number and email address and any other pertinent information sufficient to allow us to contact you
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf

Notices of claimed copyright infringement should be directed to:

By mail:  Johnny Carino’s Corporate Offices, Attn: Copyright, 6705 West Highway 290 #50296, Austin, TX 78735. 

 

Online: www.carinos.com/contact-us

 

No Warranties

THIS SITE AND THE SITE CONTENT IS FOR GENERAL INFORMATION ONLY AND PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.

WE DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR THE SITE CONTENT.

WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS REGARDING THE SITE OR THE SITE CONTENT, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE ARE IN FACT AWARE OF ANY SUCH PURPOSE). 

WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT WITH RESPECT TO THE SITE OR THE SITE CONTENT. 

 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE NOR OUR AFFILIATES OR BUSINESS PARTNERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION APPLIES WHETHER THE DAMAGES ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.  NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $100, WHICHEVER IS LESS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.

 

Indemnity

You will indemnify, defend, and hold us and our officers, directors, employees and agents, harmless from and against any and all claims, demands, actions, suits, prosecutions and other proceedings brought by or on behalf of any person not a party to this Agreement (collectively “Claims”), and will pay all resulting damages, liabilities, penalties, judgments, settlements, expenses (including reasonable attorneys’ fees and costs) (collectively, “Losses”) arising out of or relating to any third party claim concerning: (a) your use or misuse of the Site or the Content; (b) your breach of these Terms; (c) your violation of applicable law; and (d) any claim involving alleged infringement or misappropriation of third-party rights by you and/or your Content. If we are obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, and for our time and materials spent responding to the third-party subpoena or other compulsory legal order or process at our then-current hourly rates.

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.

 

Arbitration

You agree to submit to binding arbitration any dispute between you and us (including our affiliates or business partners, or their respective officers, directors, employees, sponsors or agents) arising from or relating to the Site, the Content, the Services or these Terms of Use, including any dispute about the validity, scope or enforceability of this arbitration provision.

YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.  OTHER RIGHTS YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION. 

Prior to initiating any arbitration, the initiating party shall give the other at least 60-days advance notice of its intent to file for arbitration.  The arbitration will be conducted in Austin TX under the commercial arbitration rules of the American Arbitration Association.  Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek 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 in dispute, pending the completion of arbitration.

 

Governing Law

The law of the State of Texas will apply to all matters and disputes arising out of your use of this Site or our Services, without regard to its conflicts of laws principles.

 

Miscellaneous

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 the Site, the Content, the Services or these Terms of Use must be filed within one year after the claim or cause of action arose, or be forever barred.

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.

Last modified:  November 2, 2020