1. INTRODUCTION.
Welcome to the web site for redrobin.com ("Site"), which is owned by Red
Robin International, Inc. ("Red Robin"), a wholly-owned subsidiary of
Red Robin Gourmet Burgers, Inc.
2. ACCESS TO THE SITE.
By accessing, browsing and/or using the Site, you acknowledge that you have read,
understood and agreed to be bound by these terms and conditions of use ("Terms")
and to comply with all applicable U.S. laws and regulations. In addition, you hereby
represent and certify that you are at least eighteen (18) years of age. If you do
not or cannot agree to the Terms, please do not use the Site or any of the services
offered through the Site. Red Robin reserves the right, in its sole discretion,
to update, revise, supplement and to otherwise modify these Terms, and to impose
new or additional terms and conditions on your use of the Site form time to time.
Such updates, revisions, supplements, modifications and additional rules, polices,
terms and conditions (collectively referred to in these Terms as "Additional
Terms") will be effective immediately and incorporated into these Terms upon
notice thereof, which may be given by any reasonable means including by posting
to the Site. Your continued viewing or use of the Site following such notice will
be deemed to conclusively indicate your acceptance of any and all such Additional
Terms.
3. ACCEPTABLE USE OF THE SITE.
In order to use the Site, you must obtain access to the World Wide Web directly
or through devices that access web-based content and pay any and all service fees
associated with such access.
(a) Individual Use. You agree that you are only authorized to visit,
view and to retain a single copy of pages of the Site for your own internal use
and not on behalf of any other person or entities, and that you will not duplicate,
download, publish, modify or otherwise distribute any material on the Site for any
purpose other than for your own internal use unless otherwise specifically authorized
by Red Robin in writing. Red Robin posts legal notices and various credits on pages
of the Site, which may not be removed even in your permitted copies. Please do not
remove these notices or credits, or any additional information contained along with
the notices and credits.
(b) Deep Links; Linking. You agree not to "deep-link"
to the Site, meaning that you will not create, post, display, publish or distribute
any link to any page other than the front (home) page of the Site for any purpose,
unless specifically authorized by Red Robin in writing to do so. If you do want
to link to the Site in any manner, please contact the Site's Webmaster at
webmaster@redrobin.com to seek approval.
(c) Framing. You agree not to create any frames at any other web
sites pertaining to or using any of the content located at the Site for any purpose,
unless specifically authorized by Red Robin in writing to do so.
(d) Security, Cracking and Hacking. You are prohibited from violating
or attempting to violate the security of the Site. Accordingly, you agree not to:
(i) access data or materials not intended for you; (ii) log into a server or account
which you are not authorized to access; (iii) attempt to probe, scan or test the
vulnerability of a system or network or to breach security or authentication measures
without proper authorization; or (iv) attempt to interfere with service to any user,
host or network, including without limitation, by means of submitting a virus to
the Site, overloading, "flooding", "mailbombing" or "crashing"
the Site. Violations of system or network security may result in civil or criminal
liability. Red Robin reserves the right to investigate occurrences which may involve
such violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who have participated in such violations. You understand that
data and communications, including e-mail and other electronic communications, may
be accessed by unauthorized third parties when communicated over the Internet.
(e) You Are Responsible For All of Your Activities and All of The Content You
Post. You represent and warrant that any information you post or provide
to Red Robin by means of the Site, including, without limitation, as part of any
registration or subscription or to gain access to or use any services offered on
the Site, is truthful, accurate, not misleading and offered in good faith. Any information
disclosed to you via the Site including, without limitation, any content, product
or configuration recommendations or product specifications, are not offered with
any warranty or representation as to accuracy, performance or suitability for your
intended purpose or compliance with applicable law. Red Robin expects that you will
exercise caution, best product development practices, best manufacturing practices
and engineering oversight in using information supplied through the Site. You agree
NOT to use the Site for or in connection with any of the following activities: (i)
transmitting or relaying spam, spoofing or otherwise impersonating any person or
entity, or falsely stating or otherwise misrepresenting your identity or affiliation
in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing,
uploading, or otherwise transmitting or using the Site in furtherance of the use,
distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous,
sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable
material of any kind; and (iv) transmitting material that contains viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming routines or
engines that are intended to damage, destroy, disrupt or otherwise impair a computer's
functionality or the operation of the Site.
(f) Do Not Violate Third Party Intellectual Property Rights. Without
limiting the foregoing, you may not, and by using the Site you agree not to, use
the Site to: (i) transmit or post material that is copyrighted, unless you are the
copyright owner or have obtained the permission of the copyright owner to transmit
it; (ii) transmit or post material that reveals trade secrets, unless you own them
or have the permission of the owner to so transmit them; or (iii) transmit or post
material that infringes on any Intellectual Property Rights (as defined below) of
others or violates the privacy or rights of publicity of others. For purposes of
these Terms, the term "Intellectual Property Rights" means collectively,
rights under patent, trademark, copyright and trade secret laws, and any other intellectual
property or proprietary rights recognized in any country or jurisdiction worldwide,
including, without limitation, moral rights and similar rights.
(g) Ownership. Red Robin will put a lot of content on the Site
for you to examine from time to time. An example of possible content includes: text,
graphics, photographs, pictures, drawings, animation, audio, video, literature and
any other material distributed by Red Robin on, through or in connection with the
Site. Moreover, Red Robin attempts to display the content in a way that will be
easily accessible and useful for you, the user. All content and materials on the
Site including, without limitation, text, graphics, logos, button icons, images,
audio clips and software included in the Site and any services offered on the Site,
are the property of Red Robin, its sponsors or business affiliates, and/or their
respective licensors, and are subject to U.S. and international copyright, trademarks
and other proprietary rights and Intellectual Property Rights laws. The compilation
of all content on the Site is the exclusive property of Red Robin and is protected
by U.S. and international copyright laws. All software used on the Site is the property
of Red Robin or its licensors and is subject to U.S. and international copyright
laws. Except to the minimum extent otherwise expressly permitted under copyright
law, no copying or exploitation of material from the Site is permitted except expressly
in accordance with these Terms or with the express written permission of Red Robin
and any other applicable copyright owner. You acknowledge that you do not acquire
any ownership rights by virtue of downloading copyrighted material from the Site.
All rights not expressly granted hereunder are expressly reserved to Red Robin.
(h) Spidering. THE USE OF ANY TOOLS, PROGRAMS, ROBOTIC ALGORITHMS
OR PRODUCTS TO AUTOMATICALLY DOWNLOAD OR "SPIDER" THE SITE OR ANY OF THE
PAGES OF THE SITE INFRINGES ON RED ROBIN'S AND/OR ITS LICENSORS' COPYRIGHTS. DO
NOT USE ANY SUCH TOOLS OR PRODUCTS ON OR IN CONNECTION WITH THE SITE!
4. WARRANTY DISCLAIMER.
THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. RED ROBIN DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR
THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED,
DISCONTINUED OR ERROR-FREE. RED ROBIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY,
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. RED ROBIN EXPRESSLY DISCLAIMS
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO ANY DESIGN, SUITABILITY, CONFIGURATION,
RECOMMENDATION OR CUSTOMIZATION OF ANY RECHARGEABLE SOLUTION, DEVELOPMENT KIT, PRE-PRODUCTION
PROTOTYPE, BATTERIES, CHARGERS AND/OR POWER SUPPLIES YOU SHOULD THEREFORE VERIFY
ANY INFORMATION OBTAINED FROM THE SITE BEFORE ACTING ON IT.
RED ROBIN EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY
OF INFORMATION, PRODUCTS, SERVICES OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT
LINK TO OR FROM THE SITE. RED ROBIN DISCLAIMS ANY RESPONSIBILITY FOR PRODUCT OR
SERVICE ORDERING FUNCTIONS, ORDER FULFILLMENT OR COMPLIANCE OF PRODUCTS OR SERVICES
WITH ANY MANUFACTURER'S WARRANTIES OR SPECIFICATIONS. RED ROBIN CANNOT BE HELD RESPONSIBLE
FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICES NOR DOES
RED ROBIN MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION
YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY SITES.
5. LIMITATION OF LIABILITY.
TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT
LIMITATION, RED ROBIN'S NEGLIGENCE, SHALL RED ROBIN BE LIABLE FOR ANY DAMAGES INCLUDING,
WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY
AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE,
ANY CONTENT AND/OR ANY RELATED SOFTWARE, EVEN IF RED ROBIN OR AN AUTHORIZED RED
ROBIN REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION,
OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF
COMPETENT JURISDICTION, IN NO EVENT SHALL RED ROBIN'S TOTAL LIABILITY TO YOU, OR
ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES
OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED
DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RED ROBIN
AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND
ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN
VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY
RIGHTS OF ANY PERSON OR ENTITY.
6.GOVERNING LAW AND ARBITRATION.
The laws of the State of Colorado (excluding any principles of conflicts of laws)
govern your use of the Site, the services and these Terms. You agree that the parties
shall settle any claim or dispute relating to these Terms by binding arbitration
in Denver, Colorado under the Commercial Arbitration Rules of the American Arbitration
Association. To the fullest extent permitted by applicable law, no arbitration under
these Terms shall be joined to an arbitration involving any other party subject
to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING
THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING
TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES,
YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE
STATE OR FEDERAL COURTS NEAREST RED ROBIN'S PRINCIPAL PLACE OF BUSINESS (CURRENTLY
GREENWOOD VILLAGE, COLORADO).
7. WAIVER AND SEVERABILITY.
Furthermore, no delay or omission by Red Robin to exercise any right or any noncompliance
on your part with respect to the Terms shall impair any such right or be construed
to be a waiver by Red Robin. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid or unenforceable in whole or in part, such
provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity
or unenforceability without in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction,
provided, however, if such invalid or unenforceable provision may be modified so
as to be valid and enforceable as a matter of law, such provision will be deemed
to have been modified so as to be valid and enforceable to the maximum extent permitted
by law.