While the Company operates and controls the Website, we are not responsible for the operation of franchised Penn Station restaurants. Instead, the franchised restaurants are owned and operated by independent franchisees. Each of these franchisees is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you from their restaurant, and for any employment-related matters in the restaurant.
Your access to and use of the Website on your computer, mobile device, tablet, or other device (your “Device”) is subject to certain applicable third parties’ policies, terms and conditions, requirements, and usage rules, including but not limited to your mobile carrier rules, which you agree are, to the extent the foregoing are applicable, binding on you. You shall access and use the Website in strict compliance with all applicable laws, rules, and regulations.
Changes to Website. At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension, or discontinuance shall be without liability to the User.
Content. All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code, and scripts (collectively, the “Website Content”), and the collection, arrangement, and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title, or interest in or to the Website Content. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website, or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.
Use of Website Content. The Website, including all Website Content, is provided solely for personal use and may not be used in a commercial manner. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. While accessing and using the Website, you may download one copy of the materials on any single Device for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services, or brands; and (c) you make no modifications to the materials. All rights not expressly granted are reserved by the Company and its licensors. You agree that the unauthorized access or use of the Website Content could cause irreparable harm to the Company, and that, in the event of an unauthorized access or use, the Company shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.
Links. The Website may include links to third-party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND THE COMPANY WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.
Third-Party Content. The User understands and agrees that the Company does not control and is not responsible for any content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third-party content is at the User’s sole risk. Under no circumstances will the Company be liable for any such third-party content or for any loss or damage resulting from the User’s use of, or reliance on, such third-party content.
The Company may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses, or other harmful code from entering, utilizing, or remaining within our computer or communications networks.
Information Disclaimer. The Company attempts to be as accurate as possible regarding product and service descriptions, pricing, and availability on the Website. However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that product and service descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product or service descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of products or services without notice. In addition, the Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
Menu or nutritional information is provided on the Website and based on standard recipes and product formulations; however, slight variations may occur due to use of an alternate supplier, region of the country, and/or small differences in product assembly. Certain product or nutritional information may not apply to all restaurants. If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact the restaurant.
Disclaimers. THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE WEBSITE CONTENT OR ANY OTHER INFORMATION INCLUDED ON THE WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE WILL BE AVAILABLE AND FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ALL PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, PROMOTIONS, OFFERS, AVAILABILITY, OR THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR ERROR-FREE. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT OF DATE, THE COMPANY RESERVES THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION OR TO CANCEL ORDERS RELATED TO SUCH INFORMATION WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER). YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK. ADDITIONALLY, THE COMPANY DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OFFERED BY RESTAURANTS, ORDERED FROM RESTAURANTS THROUGH THE WEBSITE, OR ORDERED THROUGH ANY THIRD-PARTY PROVIDERS’ WEBSITES IN ANY MANNER. These disclaimers and warranty exclusions shall apply except to the extent applicable law does not permit them.
Dispute Resolution and Agreement to Arbitrate.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Cincinnati, Ohio, USA, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules and a form for initiating arbitration proceedings are available at https://www.adr.org.
You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the federal or state courts of record in or for Cincinnati, Ohio, USA.
THE USER IS GIVING UP RIGHTS TO HAVE A TRIAL BY JURY.
Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
For clarification, this section on “Dispute Resolution and Agreement to Arbitrate” does not apply to claims relating to goods or services purchased at franchised restaurants, and any such claims must be directed to the franchisee who owns and operates the restaurant where the purchase was made.
Contact. If you have questions, comments, or complaints regarding the Website, you may contact Penn Station, Inc. at [email protected] or by U.S. mail: 1226 U.S. Highway 50, Milford, OH 45150, Attention: Website Administration.