Terms of Use

TERMS OF USE
Latest Revision: July 22, 2016

Thank you for visiting our terms of use (the "Terms of Use").  These Terms of Use govern your use of this website which is owned and operated by Eat'n Park Hospitality Group and its operating divisions, found here (collectively "Eat'n Park") and apply to all Eat'n Park websites, mobile/tablet sites, social media presence, applications, locations and the services provided therein (collectively, the "Site").  The Site is the property of Eat'n Park and your use is subject to the following conditions.

This Site is offered for general purposes and is not targeted towards children under the age of 13.  By using this Site, you represent and warrant that you are 18 years of age or older.  If you are under the age of 18, you may use the Site only with the oversight of a parent or guardian.  If you do not meet all of these requirements, you must not access or use the Site.

Please read these Terms of Use carefully.  By accessing or using the Site or the services, you confirm that you have read, understand and agree to be bound by these Term of Use and you are of legal age to agree to be bound by the Terms of Use. If you do not agree to be bound by the Terms of Use, you may not access or use this Site or the services.

1. License of Use  

Eat'n Park grants you permission to view this 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 Terms of Use. 

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 increasing 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. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.  If we provide social media features with certain content, you may take such actions as are enabled by such features.

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: 

  • 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. 
  • You may not decompile, reverse engineer, or disassemble software materials. 
  • You may not remove any copyright notice or other proprietary notices from the Site Materials. 
  • You may not transfer any of the Site Materials to another person. 
  • You agree to prevent any unauthorized copying of the Site Materials. 

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. Other than the Terms of Use and agreements between you and Eat'n Park relating to User Content (as defined herein), 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. Prohibited Uses  

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  • In any way that violates any applicable federal, state, or local law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Eat'n Park or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site Material.
  • Use any manual process to monitor or copy any of the Site Material or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

3. Changes to the Terms of Use  

Eat'n Park may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately, and apply to all access to and use of the Site thereafter.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

4. Privacy

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms of Use. In addition, the Privacy Policy is subject to the terms and conditions of these Terms of Use and in the event of conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall govern and prevail.

5. Copyrights and Trademarks

This Site and the Site Materials within it are Copyright 2004-2016 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, Parkhurst Dining, Hello Bistro, Six Penn Kitchen, SmileyCookie.com, The Porch, and any other Eat'n Park formatives may not be used in any other way without prior written permission from Eat'n Park. 

6. Account

You may be required to create an account to access or use certain areas of the Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Eat'n Park immediately of any unauthorized access or use of your account or password, or any other breach of security.

7. Content Posted by You  

The Site may contain interactive features that allows users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Site.  All User Content must comply with these Terms of Use.

Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you grant Eat'n Park and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.

You represent and warrant that (a) you own or control all rights in and to the User Content and have the right to grant the license granted above to Eat'n Park and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, and (b) all of your User Content does and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have fully responsibility for such content.  Eat'n Park is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.

User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not: (i) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (iii) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; or (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

8. Monitoring and Enforcement; Termination 

Eat'n Park has the right to in its sole discretion to: (a) remove or refuse to post any User Content; (b) take any action with respect to any User Content that it deems necessary or appropriate; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS EAT'N PARK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9. 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 Park's 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 Park's 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. 

10. 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.

11. Disclaimer of Warranties and 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 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 of merchantability and fitness for a particular purpose. Eat'n Park does not warrant that the Site or the functions contained in the material on the 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 the Site 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. 

12. Indemnification

You agree to defend, indemnify and hold harmless Eat'n Park, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns 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 of Use or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

13. Jurisdiction and Venue  

The Terms of Use 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 the Terms of Use or the Site.

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. 

14. Arbitration

At Eat'n Park's sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law.

15.  Limitation on Time to File Claims  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

16.  General  

You agree that no joint venture, partnership, employment or agency relationship exists between you and Eat'n Park as a result of the Terms of Use 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 your right to use the Site at any time and for any reason.  Eat'n Parks' performance is subject to existing laws and legal process and nothing contained herein 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. 

16. Contacting Us  

If you have any questions about the Terms of Use or the Site, you may contact us in any of the following manners: 

Postal address: 

Eat'n Park Hospitality Group, Inc.
285 E. Waterfront Dr.
Homestead, PA 15120
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. 

The Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Eat'n Park with respect to this Site. The Terms of Use supersede 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 the Terms of Use shall be effective unless it is authored Eat'n Park, or unless agreed to in writing by an Eat'n Park officer. Any alleged waiver of any breach of the Terms of Use shall not be deemed a waiver of any future breach. A printed version of the Terms of Use 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 the Terms of Use 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  2004-2016 Eat'n Park Hospitality Group, Inc. All rights reserved. 



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