Effective Date: April 17, 2015
PLEASE READ THE TERMS CAREFULLY.
BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND THAT YOU CONSENT, ON YOUR OWN BEHALF AND ON BEHALF OF ANY COMPANY OR OTHER LEGAL ENTITY THAT YOU REPRESENT OR ON WHOSE BEHALF YOU ACCESS THE WEBSITE, TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS SET FORTH OR REFERENCED IN THE TERMS, YOU MAY NOT USE OR ACCESS THIS WEBSITE. YOU MUST BE 18 YEARS OF AGE OR OLDER TO CREATE AND/OR USE AN ACCOUNT ON THE WEBSITE.
1. USE OF THE WEBSITE
This Website is designed for personal use only and may not be accessed or used for other purposes. It is a violation of these Terms to access or use this Website or its contents for any reason other than personal use and may violate applicable copyright, trademark, or other laws. We reserve the right to make changes, updates, or modifications to the Website and its contents at any time for any reason without notice to you. If you object to any such changes, you may not continue to use or access the Website and its contents and any part thereof and your sole recourse will be to stop using the Website and its contents.
For any services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of your use of the Website.
2. MODIFICATION OF THE TERMS
We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time. Such changes will be effective when posted on the Website or on the effective date specified in our posting or other notice. You agree to review the Terms periodically to ensure you are aware of any changes to the terms and conditions that apply to you. We may notify you of material changes to the Terms by posting a notice on the site or by other methods that we may communicate to you. Your use of and access to the Website or any part thereof after any changes become effective will be considered your acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, you may not continue to use or access the Website and any part thereof and your sole recourse will be to stop using the Website.
3. YOUR PRIVACY
4. OUR RIGHTS TO SUSPEND OR TERMINATE YOUR USE OF THE WEBSITE
We may suspend or terminate any account you have created on the Website or the Website, including any portion thereof, at any time and without notice to you without incurring liability of any kind.
For example, we may suspend or terminate your access to or use of the Website for: (i) the actual or suspected violation of these Terms; or, (ii) the use of the Website in a manner that may cause us to have liability.
5. YOUR CONDUCT AND RESPONSIBILITIES
It is your responsibility to safeguard your electronic devices used to access or use the Website. The Website may use data received or obtained from your electronic device (“Device Data”) and you agree that we may use your device and Device Data in order to provide the Website to you. You are solely responsible for any additional device usage fees, including without limitation, fees for accessing the Internet and transmitting data over a wireless carrier network.
You agree that you will use the Website and its contents solely in compliance with these Terms and all applicable laws. You agree that you will not use the Website to harm the Website or cause harm to others. You agree that you will not, and will not encourage or assist any third party, do any of the following: (i) engage in activity that harms or disrupts the operation or performance of the Website; (ii) misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Website; (iii) use the Website for any illegal purpose, or to publish, post, share, copy, store, backup or distribute any illegal files or data; (iv) use the Website in a manner that results in excessive bandwidth usage, as determined by us; (v) use any robot, spider, scraper or other automated means to access the Website for any purpose; or, (vi) use the Website to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may damage the operation of the Website or another person’s Device or property.
6. FOGO DE CHÃO PROPRIETARY RIGHTS
All patent, copyright, trademark, trade secret, ownership, license, intellectual property and other rights and interests in the Website shall remain solely with Fogo de Chão, including its licensors. As between Fogo de Chão and you, Fogo de Chão or its licensors own and reserve all right, title and interest in and to the Website and all hardware, software and other items used to provide the Website. The Website, and any part thereof, are not being sold to you. No title to or ownership of any proprietary rights related to the Website is transferred to you or any user under these Terms.
Fogo de Chão may have patents, patent applications, trademarks, copyrights or other intellectual property rights that may be protected by national and international copyright laws and treaties, as well as other laws and treaties. Except as otherwise expressly provided under these Terms, we are not giving you any licenses to any such intellectual property by providing the Website to you. All rights not explicitly granted to you are reserved by us.
Fogo de Chão is free to use any comments, suggestions, recommendations, and other feedback, including without limitation, regarding modifications, enhancements and improvements, (“Feedback”) you provide to us, without obligation. By submitting Feedback to us, you agree that you have the right to provide Feedback to us and that you hereby agree to grant Fogo de Chão an irrevocable, worldwide, perpetual, royalty-free license to use the Feedback for any purpose, including without limitation, to incorporate any such Feedback into the Website.
c. Copyright Complaints
If you believe that your work has been copied and posted to our Website in a way that constitutes copyright infringement, you should provide our copyright agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: (i) a description of the copyrighted work that you believe has been infringed; (ii) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our Website; (iii) your address, telephone number, and e-mail address; (iv) a written 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; (v) 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 authorized to act on the copyright owner’s behalf; and, (vi) signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest.
If any part of the site requires a password and user identification, it is your responsibility to safeguard your password and user identification to access this Website and to notify us at email@example.com if you ever suspect that this password or user identification has been compromised. You are solely responsible for any unauthorized use of this Website conducted via your password and user identification.
Please send the written notice to our copyright agent at the following address by mail or e-mail:
Fogo de Chão, Inc.
Attention: General Counsel
5908 Headquarters Dr Ste. K150
Plano, TX 75024
We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes our or others’ copyrights or other intellectual property rights.
7. THIRD PARTY SITES, PRODUCTS AND SERVICES
The Website may contain features and functions that link to third-party websites, some of which may offer products or services (“Third-Party Websites”). We are not responsible for Third-Party Websites nor do we endorse any Third Party Websites. We do not monitor or otherwise review Third-Party Websites and we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of or reliance on any Third-Party Websites. If you choose to rely on any Third-Party Websites, you are doing so at your own risk. You may also be subject additional terms and conditions associated with the use of such Third Party Websites, and any such terms and conditions are solely between you and the applicable third-party.
8. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOGO DE CHÃO: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE WEBSITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE WEBSITE. USE OF THE WEBSITE IS AT YOUR SOLE RISK.
Some jurisdictions do not allow limitations of implied warranties, so certain limitations stated above may not apply to you. In that event, such warranties are limited to the minimum warranty period permitted by applicable law.
To the maximum extent permitted by applicable law, you agree to indemnify and hold us and our respective officers, directors, employees, representatives, licensees, authorized designees, successors and assigns, harmless from and against any and all claims, actions, liabilities, damages, losses, costs, expenses, fees (including reasonable outside attorneys’ fees and costs) that such parties may incur as a result of or arising from your use of or access to the Website or breach of the Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination or cancellation of your use of or access to the Website. We will provide you with notification of any such claim or demand that is subject to your indemnification obligation.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOGO DE CHÃO AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AUTHORIZED DESIGNEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA OR USER CONTENT, OR BUSINESS INTERRUPTION) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND/OR ANY PART THEREOF, EVEN IF FOGO DE CHÃO IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE ABOVE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THE REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
11.ELECTRONIC COMMUNICATIONS AND NOTICES
From time to time we may need to get in touch with you regarding the Terms, the Website and/or other matters related to gift card purchases, reservations or your eClub account. We may provide information to you by email using the email address you provided to us when you opened your eClub account, purchased gift cards, and/or made a reservation. You consent to receive communications from us electronically for the purposes described in this section. If you do not agree to receive notices regarding the Website by email, you must not use the Website. Notices emailed to you will be deemed received by you when the email is sent by us. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received.
You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility.
You may provide legal notices to us by registered mail, return receipt requested, to the following address:
Fogo de Chão, Inc.
Attention: General Counsel
5908 Headquarters Dr Ste. K150
Plano, TX 75024
12. COMPLIANCE WITH LAWS
You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your access to or use of the Website.
13. GOVERNING LAW; VENUE
These terms shall be construed and enforced in accordance with the laws of the state of Texas and the United States of America without regard to any choice of law or conflict of laws principles, regardless of where you live. You further agree that United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to the Terms.
Any dispute between you and Fogo de Chão will be brought in a court in the city and county of Dallas, Dallas County and each party irrevocably waives any claim or defense that such court does not have personal jurisdiction over the party or is an inconvenient forum for such dispute. 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 Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
IN ANY LEGAL, JUDICIAL OR OTHER PROCEEDINGS THAT MAY ARISE FOR ANY REASON HEREUNDER, YOU HEREBY IRREVOCABLY AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL.
A. Severability. If any provision of the Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
B. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
C. Force Majeure. We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, Internet service providers and other third parties, explosions and fires, strikes and labor disputes, governmental decrees and other acts beyond our reasonable control.
D. Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.
E. Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.
F. Termination. We reserve the right, in our sole discretion, to modify your access or terminate your access to this Website and your account, if applicable, at any time, without notice.
G. Survival. The following provisions shall remain in full force and effect notwithstanding any termination of your use of the Website: Sections 2, 3, 5, 6, 8-14.
Fogo de Chão Gift Cards (“Gift Card”) may be used to purchase goods and services at any Fogo de Chão in the United States until the full balance is used.
By purchasing and using Fogo de Chão Gift Cards, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Gift Card terms and conditions (the “Terms”).
2. PAYMENT AND DELIVERY
Fogo de Chão Gift Cards may be purchased with a valid [VISA, MasterCard, Discover, American Express card, or with PayPal]. We are not responsible for delayed receipt of gift cards, or for Gift Cards that are undeliverable or not received due to your failure to enter an accurate address for the recipient.
3. RETURNS AND LOST OR STOLEN CARDS
You may not return or cancel your Fogo de Chão Gift Card after it has been purchased. Ownership and risk of loss of Gift Cards passes to the purchaser as soon as [we send our confirmation to the recipient].
We are not responsible for lost, stolen, or damaged Gift Cards. Lost, stolen, or damaged cards will be replaced if you can provide the original receipt or the damaged card.
Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash or used to purchase other Gift Cards, except in states where required by law. Gift Cards are void if reloaded, resold, transferred for value, or redeemed for cash.
5. LIMITATION OF LIABILITY
THE GIFT CARD IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOGO DE CHÃO: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE WEBSITE IS OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE GIFT CARD USE OF THE GIFT CARD IS AT YOUR SOLE RISK. IF A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
If you have any questions about purchase, ownership, or use of your Gift Card, please contact: firstname.lastname@example.org.
Our Commitment to Accessibility
Fogo de Chao (Holdings), Inc. is committed to making our website content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at (972) 361-6256 or email our team at email@example.com with the words “Disabled Access” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.