Welcome to the Bigger Franchises, LLC web sites:
http://shop.teddysbiggerburgers.com/collections/all; and http://teddysbiggerburgers.com/ (the “Sites”). The Sites are provided as a service to our customers. We know that privacy is a major concern of our visitors to the Sites. The following terms and conditions of use and privacy policy (the “Agreement”) describes the personal information we collect on our Site, how we use it, and when we share it with third parties. This policy applies only to personal information collected via the Sites, and does not apply to personal information collected offline (such as information you may provide over the phone, via fax, or when visiting a Teddy’s Bigger Burger restaurant or any other website). Please review this Agreement carefully prior to continuing your review of our Sites or making any purchases. If you have questions, comments or concerns about this Agreement, please contact using the information below:
TEDDY’S BIGGER BURGERS
BIGGER FRANCHISES, LLC
7192 Kalanianaole Hwy. E124
Honolulu, Hawaii 96825
1-800-822-5713
www.TeddysBiggerBurgers.com
Your use of the Sites constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Sites. If you do not agree to these terms, please do not use the Sites.
Information Collection and Use
We may collect personally identifiable information when you contact us such as your name, company name, email address, and other information.
Information Sharing and Disclosure
We will not sell trade or rent your personally identifiable information to anyone. [We may provide aggregate statistics about our customers, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.]
We may, however, release account information when we believe, in good faith that such release is reasonably necessary to (i) comply with the law, (ii) enforce or apply the terms of our site use agreement or (iii) protect the rights, property or safety of ourselves, our users or others.
Site Transactions
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Site Contents
Unless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Bigger Franchises, LLC or its affiliates and other trademarks appearing on the Sites are the trademarks of Bigger Franchises, LLC and/or its affiliates.
The Sites and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended to promote Teddy’s Bigger Burger products and services available in the United States and Japan. The Sites are controlled and operated by Bigger Franchises, LLC from its offices at 7192 Kalanianaole Hwy. E124, Honolulu, Hawaii 96825. One or more patents may apply to the Sites.
Certain portions of the Sites may contain Cookies. Cookies are small pieces of information stored by your browser on your computer’s hard drive, which do not contain personally identifying information. Most web browsers are set up to accept cookies; you can usually change your browser settings to refuse cookies. We may set and access cookies on your computer to enhance your shopping experience on the Sites, to allow you to navigate quickly, and to keep track of items when you shop online. If you choose to disable or refuse our cookies, you may not be able to access or use certain portions of the Sites. Other companies' use of their cookies is subject to their own privacy policies, not this one. Other companies do not have access to our cookies.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Bigger Franchises, LLC, whether online, by email, by postal mail, or otherwise ("Comments") shall be and remain Bigger Franchises, LLC's property. Your disclosure, submission or offer of any Comments shall constitute an assignment to Bigger Franchises, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments, and Bigger Franchises, LLC shall not be limited in any way in its use, commercial or otherwise, of any Comments. Bigger Franchises, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Bigger Franchises, LLC has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Bigger Franchises, LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Bigger Franchises, LLC takes no responsibility and assumes no liability for any Comments posted by you or any third party.
If you choose to contact us via telephone, our voice mail and/or electronic mail (e-mail) are to be used for legal business purposes only. We reserve the right to monitor voice mail messages and e-mail messages at any time to ensure compliance with this Agreement without notice to you. You do not have an expectation of privacy regarding your use of our voice mail system or email through our servers.
Franchising
All information submitted to us through the franchising site is used only to assist us in screening potential franchisees and will be kept confidential.
Through the Franchise Tool Box web pages, we will collect your name, address, and email address, among other items. You acknowledge and agree that we may retain and use the information to respond to your inquiry, to evaluate you as a potential franchisee including consenting to allow us to conduct a background check on you including but not limited to credit history, criminal record and DMV records and to help us improve our franchise marketing efforts. Information on your online form will become part of any application for a franchise that you might later submit. We may disclose your personal information to our business units, agents, affiliates and to other third parties as part of our consideration of any subsequent franchise application. We do not authorize unaffiliated third parties to use your personal information for any purpose other than consideration of your application.
Product Information and Refunds
Many products displayed on the Sites are available in select Teddy’s Bigger Burger restaurants in the United States and Japan. The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites. These products may have limited quantities and are subject to return or exchange only through the Sites according to the applicable return policy. In addition, some products displayed on http://shop.teddysbiggerburgers.com/collections/all and http://teddysbiggerburgers.com/ are available exclusively online.
We have a 30-day return policy on unused merchandise contained in sealed, original packaging that is undamaged. In the event you wish to return a product, we will refund the purchase price, but not shipping and handling costs.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Sites may contain links to other Web sites that are not under the control of Bigger Franchises, LLC. Bigger Franchises, LLC has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Sites' users.
Disclaimer
When you visit the Sites, you automatically agree to abide by this Agreement and agree to be legally bound by its terms. We reserve the right to revise these terms at any time by updating this posting. You are advised to visit this page periodically to review the terms as they are binding. It is also your responsibility to provide the appropriate resources to gain access to our website. Certain provisions may be superseded by expressly designated legal notices of the terms located on particular pages at the Sites.
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THE SITES. THE SITES ARE MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER WE NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THE SITES SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.
Transfers or Moves
In the event of a transfer or sale of our business or some of its assets, we may disclose your personal information to actual or potential buyers. If you move or your personal information changes, feel free to contact us not notify us of the change.
Indemnification
You agree to defend, indemnify and hold Bigger Franchises, LLC and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Bigger Franchises, LLC agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to Bigger Franchises, LLC at: 7192 Kalanianaole Hwy. E124, Honolulu, Hawaii 96825, Attn: Ted Tsakiris, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Bigger Franchises, LLC agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Hawaii, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Hawaii. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Bigger Franchises, LLC's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Sites.
Termination
These terms are effective unless and until terminated by either you or Bigger Franchises, LLC. You may terminate this Agreement at any time. Bigger Franchises, LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
