Erbert & Gerbert’s Website User Agreement (Terms of Use)

Welcome to Erbertandgerberts.com (the “Website“), owned and operated by Erbert & Gerbert’s Sandwich Shop(“E&G,” “we,” “us,” or “our“).

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by this User Agreement (“Agreement“). If you do not agree to all of these terms, you must not use the Website.

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1. Acceptance and Changes to Terms

This Agreement constitutes a legally binding contract between you and E&G. We reserve the right to modify this Agreement at any time. Your continued use of the Website after any changes are posted constitutes your acceptance of the revised terms. You are responsible for reviewing this page periodically for updates.

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2. Eligibility and Age Requirements

You must be at least 13 years old to use the Website. If you are between 13 and 17, you represent that you have obtained permission from your parent or legal guardian to use the Website. By using the Website, you warrant that you meet these eligibility requirements.

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3. Website Use: Permitted and Prohibited Conduct

Permitted Use

You may use the Website to:

• Browse menus, locate stores, and place online orders.

• Join loyalty programs and access promotional content.

• Create and manage an account for ordering and preference saving.

Prohibited Use

You agree not to:

• Use the Website for any unlawful activity or in violation of any local, state, or federal laws.

• Interfere with or disrupt the Website, its servers, or related networks.

• Attempt to gain unauthorized access to any portion of the Website or its systems.

• Use automated tools (e.g., bots, spiders, scrapers) to access or collect data without our express written permission.

• Impersonate any person or entity or misrepresent your affiliation with E&G.

• Transmit or upload viruses, malware, or harmful code.

• Copy, modify, or distribute Website content without our prior written consent (except for personal use as allowed under Section 6).

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4. Online Ordering and Payments

• Accuracy: You are solely responsible for ensuring the accuracy of all order details and payment information submitted.

• Pricing: All prices are subject to change without notice. Applicable taxes, delivery fees, and service charges will be added to your order total.

• Payment Processing: We use third-party payment processors (e.g., Stripe, PayPal). By submitting payment, you agree to their respective terms and conditions. We are not liable for any errors or issues arising from their payment processing services.

• Refunds/Cancellations: Refund and cancellation policies are store-specific. For any issues with an order, you must contact the specific store location directly.

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5. User Accounts

• You are entirely responsible for maintaining the confidentiality of your account login credentials.

• You must notify us immediately of any suspected or actual unauthorized use of your account.

• We reserve the right to suspend or terminate any account found to be in violation of this Agreement.

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6. Intellectual Property Rights

All content on the Website, including text, graphics, logos, images, menus, and trademarks, is the exclusive property of Erbert & Gerbert’s or its licensors and is protected by copyright and trademark laws.

• Limited License: We grant you a limited, non-exclusive license to view and print pages for your personal, non-commercial use only. Any other use, including modification or reproduction, is strictly prohibited without our written permission.

• Trademarks: “Erbert & Gerbert’s,” the sandwich logo, and all related names are registered trademarks. Unauthorized use is expressly forbidden.

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7. User Content Submission

If you submit any reviews, photos, comments, or other content (“User Content“) to the Website, you hereby grant E&G a worldwide, royalty-free, perpetual, irrevocable, and sublicensable license to use, modify, distribute, and display your User Content for any marketing or operational purpose.

• You are solely responsible for the legality and appropriateness of your User Content.

• Your User Content must not infringe on any third-party rights, be defamatory or harassing, or contain malicious code.

• We retain the right to remove any User Content at our sole discretion.

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8. Third-Party Links and Services

The Website may contain links to or integrate services from third parties (e.g., delivery platforms, social media). We are not responsible for the content, privacy practices, or terms of use of any third-party websites or services. Your use of these third-party links is at your own risk.

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9. Privacy Policy

Your use of the Website is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review the Privacy Policy to understand our practices regarding data collection, use, and sharing.

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10. Disclaimer of Warranties

THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

E&G EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee:

• Uninterrupted, timely, or error-free operation of the Website.

• The complete accuracy of nutritional or allergen information (always verify with the store).

• The security of data transmitted to or from the Website.

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11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERBERT & GERBERT’S AND ITS AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL.

Our total liability to you for any claims arising out of or related to the Website shall not exceed the amount you paid to us (if any) in the twelve (12) months prior to the date the claim arose.

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12. Indemnification

You agree to indemnify, defend, and hold harmless E&G, its affiliates, officers, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including attorney’s fees) arising from:

• Your breach of this Agreement.

• Your User Content.

• Your misuse of the Website.

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13. Termination

We may suspend or terminate your access to the Website and/or your account at any time, for any reason or no reason, with or without notice. Upon termination, your right to use the Website ceases immediately.

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14. Governing Law and Dispute Resolution

• Governing Law: This Agreement is governed by the laws of the State of Minnesota, without regard to its conflict of law principles.

• Binding Arbitration: Any dispute arising out of this Agreement or your use of the Website shall be resolved exclusively by binding arbitration in St. Paul, Minnesota, under the rules of the American Arbitration Association. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

• Exceptions: Claims for injunctive relief concerning intellectual property violations may be brought in a court of competent jurisdiction.

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15. Miscellaneous

• Entire Agreement: This Agreement and the Privacy Policy constitute the entire understanding between you and E&G regarding the Website.

• Severability: If any part of this Agreement is found to be unenforceable, the remaining provisions will remain in full force and effect.

• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.