These Terms constitute an agreement between you and Summa Dis Summa Dat and More llc, related entities (collectively, “Summa Dis Summa Dat and More” or “we” or “us”).
Notice Regarding Refunds: We will not render refunds under any circumstances, unless otherwise agreed upon with owner of Summa Dis Summa Dat and More directly. Due to Covid-19 we will not accept any returns on products sold. For more information, email us at firstname.lastname@example.org.
Certain services offered by through Summa Dis Summa Dat and More llc Services, such as mobile apps, loyalty programs and other similar offers, will be subject to additional terms. Those terms will be presented in conjunction with the particular program or offer and will be binding on those who participate in those programs or offers. These Terms will apply equally. Without limitation, the additional terms include the following:
Summa Dis Summa Dat and More llc Services, are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE OUR ONLINE SERVICES. By accessing, using and/or submitting information to or through the Summa Dis Summa Dat and More llc Services, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use our Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE Summa Dis Summa Dat and More llc ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS
RESPONSIBLE USE OF ONLINE SERVICES
You may use our Online Services for lawful purposes and in accordance with these Terms. No other use is permitted. Without limiting the foregoing, you may not use the Summa Dis Summa Dat and More llc Online Services: (a) for any purpose that is unlawful or prohibited by these Terms; (b) to cause harm or damage to any person or entity; (c) to interfere with the proper operation of the Summa Dis Summa Dat and More llc Online Services; or (d) to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by our in its sole discretion). YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Summa Dis Summa Dat and More llc AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY OUR ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Summa Dis Summa Dat and More llc may make available to you the ability to order online. These terms related to online ordering only apply to orders placed through the Summa Dis Summa Dat and More llc Online Services. Minimum order amounts may apply. Any applicable taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Summa Dis Summa Dat and More llc Online Services. You are responsible for payment of your order by means of a payment option made available through the Summa Dis Summa Dat and More llc Online Services at the time of ordering. We use third-party providers and may accept various third-party services to process payments. The Summa Dis Summa Dat and More llc location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Summa Dis Summa Dat and More llc Online Services. The Summa Dis Summa Dat and More llc Online Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information. Refunds, if any, of amounts paid for cancelled orders will be identified at the time of cancellation. Please contact the Summa Dis Summa Dat and More llc location responsible for fulfilling your order directly to identify amounts due.
SOCIAL MEDIA ACCESS
MOBILE ACCESS & TEXT MESSAGING TERMS
USE OF MOBILE DEVICES
If you use a mobile device to access the Summa Dis Summa Dat and More llc Online Services, you acknowledge and agree that: (a) you are solely responsible for all message and data charges that apply to use of your mobile device to access the Summa Dis Summa Dat and More llc Online Services; and (b) all such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You further understand that service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. See iPhone App End User Agreement and Android App End User Agreement.
UNITED STATES ONLY
The Summa Dis Summa Dat and More llc Online Services are intended for use only in the 50 United States, plus D.C. You are responsible for compliance with any local laws if you access or use the Checkers Online Services anywhere else. All prices displayed on the Checkers Online Services are quoted in U.S. Dollars and are valid and effective only in the United States.
INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
You agree to indemnify, defend, and hold harmless all Summa Dis Summa Dat and More llc entities and their respective affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your breach of these Terms. Summa Dis Summa Dat and More llc reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and if Summa Dis Summa Dat and More llc assumes defense and control, you agree to cooperate with our defense of an applicable claim. You agree not to settle any matter related to the Summa Dis Summa Dat and More llc Online Services, including indemnified claims, without our prior written consent. We will use reasonable efforts to inform you of any indemnified matter.
To the maximum extent permitted by law, THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND ABOUT the Summa Dis Summa Dat and More llc Online Services, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT. THE COVERED ENTITIES HAVE NOT MADE ANY REPRESENTATION AS TO THE POTENTIAL BENEFITS YOU MAY REALIZE BY USING THE Summa Dis Summa Dat and More llc SERVICES. THE Summa Dis Summa Dat and More llc SERVICES ARE PROVIDED AS IS, with all faults, AND AS AVAILABLE. THE COVERED ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THOSE MENTIONED ABOVE.
THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY A THIRD PARTY OR BY YOU OR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, OR SOFTWARE. THE COVERED ENTITIES UNDERTAKE NO OBLIGATION TO ENFORCE THEIR POLICIES OR RIGHTS AGAINST ANY THIRD PARTY. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC. The Covered Parties are not responsible or liable for the conduct of any user of the Summa Dis Summa Dat and More llc Online Services.
LIMITATIONS ON LIABILITY
THE COVERED ENTITIES SHALL NOT BE LIABLE FOR (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, Statutory Damages or penalties, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF these types of DAMAGES, OR (B) LOSS OF OR DAMAGE TO REPUTATION arising in connection with, out of, or as a result of (i) these Terms or the Summa Dis Summa Dat and More llc online services, and (ii) any acts or omissions of any of the covered entities in connection with these terms or the Summa Dis Summa Dat and More llc services. The only remedy available to you under these terms AND in connection with the Summa Dis Summa Dat and More llc online services is reimbursement of the access fees you have paid for the our online services.
In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EXCEPTIONS TO DISCLAIMERS AND EXCLUSIONS OF DAMAGES
If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
TIMING OF CLAIMS
You must bring any claim you have against Summa Dis Summa Dat and More llc relating to these Terms or the Summa Dis Summa Dat and More llc Online Services within two years from the date of accrual of the applicable claim.
LEGAL DISPUTES AND ARBITRATION AGREEMENT
TERMS OF SERVICE AND BINDING ARBITRATION AGREEMENT
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Summa Dis Summa Dat and More llc Online Services shall be finally settled by binding arbitration administered on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.
CLASS ACTION WAIVER
The parties further agree that any arbitration—and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement—shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
EXCEPTION – SMALL CLAIMS COURT CLAIMS
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
EXCEPTION—CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (PAGA) ACTION.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act
COPYRIGHT AND TRADEMARK
Unless otherwise noted, all materials published in or through the Summa Dis Summa Dat and More llc Online Services are protected as the copyrights, trade dress, trademarks and/or other intellectual property of Summa Dis Summa Dat and More llc or its licensors. You may not remove or alter any copyright, trademark or other proprietary right notice in the Summa Dis Summa Dat and More llc Online Services. All rights not expressly granted are reserved.
Summa Dis Summa Dat and More llc is strongly committed to respecting intellectual property and other rights. As set forth in the following paragraphs, we have a policy of responding to notices of alleged copyright and trademark infringement that comply with applicable laws, including the Digital Millennium Copyright Act in the United States, and terminating accounts of repeat infringers in appropriate circumstances. We may, in our sole discretion, limit, suspend, or terminate and user’s access or account, delay or remove Content, and take technical and legal steps to keep users from using the Summa Dis Summa Dat and More llc Online Services, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
Links provided within the Summa Dis Summa Dat and More llc Online Services will allow you to connect to other websites and services that are not under Summa Dis Summa Dat and More llc control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
ERRORS AND INACCURACIES
The Summa Dis Summa Dat and More llc Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the Summa Dis Summa Dat and More llc Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s or mobile device’s display of color or other product features is accurate.
Summa Dis Summa Dat and More llc does not seek or accept unsolicited ideas. By submitting any material to us through any of the Summa Dis Summa Dat and More llc Online Services, you expressly grant to us and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Summa Dis Summa Dat and More llc and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
These Terms constitute a contract made solely over the Internet and you agree that the laws of the State of Kentucky, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Summa Dis Summa Dat and More llc relating to use of any aspect of the Summa Dis Summa Dat and More llc Online Services.
These Terms and the terms and conditions incorporated in these Terms by reference are the entire agreement between you and Summa Dis Summa Dat and More llc.