Date Last Modified: July 16, 2021
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2. Intellectual Property Rights.
A. Copyright Information and Personal and Non-Commercial Use Limitation.
All Steak ‘n Shake Materials and the compilation of all content included on our Website are owned or licensed by Steak ‘n Shake and protected by United States and international copyright laws. Steak ‘n Shake does not claim ownership of copyrights owned by third parties.
B. Trademarks and Copyright.
Steak ‘n Shake owns trademarks for its services and products. These and other Steak ‘n Shake logos and service marks are trademarks of Steak ‘n Shake and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, used or distributed in any way, without prior written consent of Steak ‘n Shake. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives of such trademarked material or content without the express written consent of Steak ‘n Shake. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners, i.e. our supplier-partners.
If you have a website and wish to establish temporary or permanent links from your website to our Website, you must link to our homepage only. If you would like to link to another location within our Website you will need to receive written permission from us.
3. Privacy and Protection of Personal Information.
4. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of our Website is at User’s sole risk. Neither Steak ‘n Shake, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Steak ‘n Shake, including but not limited to our Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on our Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of our Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our Website. From time to time, the prices of our food in our restaurants may be higher or lower than those prices on our Website. In that event, the prices on our menus at each restaurant location will govern the price you will pay.
A. Disclaimer of Warranties.
OUR WEBSITE IS PROVIDED BY STEAK ‘N SHAKE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STEAK ‘N SHAKE AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
STEAK ‘N SHAKE AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, SECURITY OF OUR WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
STEAK ‘N SHAKE AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF OUR WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF STEAK ‘N SHAKE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEAK ‘N SHAKE AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF STEAK ‘N SHAKE OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OUR WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO STEAK ‘N SHAKE RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT STEAK ‘N SHAKE AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE STEAK ‘N SHAKE GOODS OR SERVICES, FROM INABILITY TO USE THE STEAK ‘N SHAKE GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE STEAK ‘N SHAKE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of our Website, your sole and exclusive remedy is to discontinue your use of our Website.
5. Third Party Links.
6. Online Conduct.
The User agrees to use the Website and any services provided through the Website only for lawful purposes. The User agrees to abide by all marketing laws, including but not limited to CAN-Spam, CASL and GDPR, if applicable. Unacceptable uses of our Website include without limitation:
- (i) engaging in any illegal activity or the planning of any illegal activity;
- (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;
- (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
- (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
- (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on our Websites or any other computer network;
- (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or
- (viii) engaging in any other activity deemed by Steak ‘n Shake to be in conflict with the spirit or intent of our Website.
8. International Users.
Steak ‘n Shake provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
If you use our Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our Website, including e-mail address, credit card number, and other payment related information.
If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify Steak ‘n Shake immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Steak ‘n Shake reserves the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.
11. Applicable Law/Jurisdiction.
13. Statute of Limitations.
You agree to defend, indemnify and hold harmless Steak ‘n Shake and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
15. Entire Agreement.
16. Contact Information. Questions can be directed to Steak ‘n Shake at: firstname.lastname@example.org
Steak n Shake Enterprises, Inc.
Attn: Chief Legal Officer
107 S Pennsylvania Street
Indianapolis IN 46204