Terms of Use

Latest Revision: March 19, 2010

1. License of Use

Eat'n Park Hospitality Group, Inc. ("Eat'n Park") grants you permission to view this Internet web site (hereinafter referred to as the "Site") and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth in this Agreement.

Viewing this Site creates a copy of Eat'n Park materials in your computer's random access memory and/or on your hard drive and/or on your proxy server ("Cache Copy"). You may download Cache Copies of Site Materials (as defined below) for the sole purpose of increase the speed and efficiency at which you access the Site and may download material that is expressly made available on a download basis, if any. No other copy of any portion of the Site or Site Materials is authorized or otherwise permissible except as specifically permitted hereunder, and such unauthorized copy shall constitute an act of copyright infringement. As used herein, "Site Materials" refers to all materials and content available through the Site including without limitation human readable audio and/or visual elements of the Site, user generated content, user posted materials and, any other text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site.

Use of the Site and Site Materials and permission to download Cache Copies as outlined above are granted as a license, not a transfer of title, and are subject to the following restrictions:

(a.) You may not modify, alter, or adapt the Site Materials, create derivate works based upon any Site Materials, or use them for any commercial purpose or any other distribution, public display, performance, sale, or rental.

(b.) You may not decompile, reverse engineer, or disassemble software materials.

(c.) You may not remove any copyright notice or other proprietary notices from the Site Materials.

(d.) You may not transfer any of the Site Materials to another person.

(e.) You agree to prevent any unauthorized copying of the Site Materials.

Your use of this Site and Site Materials constitutes your agreement and acceptance without modification of the notices, terms, and conditions set forth herein. Any other use or exploitation of this Site or the Site Materials is strictly prohibited. If you violate any provision of these Terms of Use, your permission to use the Site Materials automatically terminates and you must immediately destroy any copy you may have of any of the Site Materials. If you do not agree and accept without modification the notices, terms, and conditions set forth herein, do not use this Site. Other than this Agreement and Agreements between you and Eat'n Park relating to user generated content, certain contests and promotions, the sale of products or services to you through this Site, Eat'n Park will not enter into any Agreement or obligation, express or implied, with you through this Site.

2. Copyrights and Trademarks

This Site and the Site Materials within it are Copyright 2004-2010 Eat'n Park Hospitality Group, Inc. The trademarks, service marks, and logos (hereinafter the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Eat'n Park and others. Nothing on this Site should be construed as granting any license or right to use any Trademarks displayed on the Site without the prior written consent of the Trademark's owner. Fair use of Eat'n Park's Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

Eat'n Park enforces its intellectual property to the fullest extent of the law. The name of Eat'n Park Restaurant, Smiley Cookie, and any other Eat'n Park formatives may not be used in any other way without prior written permission from Eat'n Park.

3. Links To and From Third Party Sites

Eat'n Park prohibits the use of any Eat'n Park Trademarks as part of a hyperlink to or from any website unless establishment of such a link is approved in advance by Eat'n Park in writing.

This Site may contain links to websites owned or operated by parties other than Eat'n Park. Such links are provided for your reference only. Eat'n Park does not control outside websites and is not responsible in any manner for their content.

Eat'n Parks' inclusion of links to an outside website does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor. Eat'n Parks' inclusion of such links is not an authorization to make use of any trade name; trademark; logo; legal or official seal; copyrighted symbol; or material that may be reflected in the linked Site.

4. Eat'n Park Information

Eat'n Park may make employment information available through this Site. Eat'n Park is an equal opportunity employer. Eat'n Park provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability.

5. Limits of Liability

The information, material, services, and products included on this Site may include inaccuracies or typographical errors. Eat'n Park may make changes or improvements to this Site at any time.

You understand that through your use of the Site you may encounter content, including user generated content that may or may not have been pre-screened by Eat'n Park, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site at your sole risk and that Eat'n Park shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.

The materials on this Site are provided "as is" and without warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Eat'n Park disclaims all warranties or merchantability and fitness for a particular purpose. Eat'n Park does not warrant that the functions contained in the material on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that it resides on will be free of viruses or other harmful components. Eat'n Park does not warrant or make any representations regarding the use of or the result of the use of the materials in this Site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. Eat'n Park will not have any liability or responsibility for your action or inaction in connection with this Site or for any damage to your computer or data or any other damage you may incur in connection with this Site. In no event shall Eat'n Park, its affiliates, or its agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site, the delay or inability to use this Site, or otherwise arising in connection with this Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such damages. Your use of this Site, including but not limited to the use of any interactive area, is at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.

6. Jurisdiction

This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and performed exclusively in Pennsylvania. Any court of competent jurisdiction sitting within Allegheny County, Pennsylvania, will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement.

This Site is owned and operated by Eat'n Park Hospitality Group, Inc., from the Commonwealth of Pennsylvania, United States of America. Eat'n Park makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

7. General

You agree that Eat'n Park may, at any time and without notice, change the terms, conditions, and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Eat'n Park as a result of this Agreement or your use of this Site.

In addition and without prejudice to any other legal or equitable remedies available to Eat'n Park Hospitality Group, Inc., Eat'n Park may terminate this Agreement at any time and for any reason.

Eat'n Parks' performance of this Agreement is subject to existing laws and legal process and nothing contained in this Agreement is in derogation of Eat'n Parks' right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Eat'n Park with respect to such use.

8. Contacting Us

If you have any questions about this Agreement, you may contact us in any of the following manners:

Postal address:

Eat'n Park Hospitality Group, Inc.
285 E. Waterfront Dr.
PO Box 3000
Pittsburgh, PA 15230

email: wecare@eatnpark.com

Phone: 412-461-2000

Although Eat'n Park will, in most circumstances, be able to receive your email or other information provided through this Site (including, without limitation, service requests or other submissions), Eat'n Park does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.

This Agreement constitutes the entire agreement between you and Eat'n Park with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Eat'n Park with respect to this Site. No modification of this Agreement shall be effective unless it is authored Eat'n Park, or unless it is physically signed in blue ink by an Eat'n Park officer. Any alleged waiver of any breach of this Agreement shall be deemed a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Eat'n Park in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Eat'n Park in printed form.

Copyright  2004-2010 Eat'n Park Hospitality Group, Inc. All rights reserved.



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