Terms & Conditions
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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
Welcome to www.tendershack.com (the “Site”). The documents, data, information and other materials [collectively the "Material(s)"] contained on the Site are provided by Outback Steakhouse of Florida, LLC, a company within the Bloomin’ Brands, Inc. (“BBI”) group of brands, exclusively for non-commercial, individual use to inquire about Outback Steakhouse food and related services and for no other purpose (“Authorized Users”). By using the Site, you agree to all of the Terms of Use set forth below. Please read them carefully. If you do not wish to agree to the Terms of Use, please refrain from using the Site.
BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE "AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the terms of this Agreement, you may not use this Site.
AGREEMENT FOR USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation. You agree that if ordering facilities are made available for your use through the Site, the ordering facilities shall be used only to make legitimate purchases for you or for other people for whom you are legally authorized to act. You understand that overuse or abuse of the ordering facilities of this Site may result in your being denied access to such facilities.
For any ordering or other services for which fees may be charged, you agree to abide by the terms and conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Site.
MINORS
This Site is for a general audience and is not designed nor intended to collect personal information from children under the age of 13. BBI does not knowingly collect personal information from anyone under the age of 13. We ask that parents supervise their children while online.
WIRELESS RESERVATIONS
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
LIMITED LICENSE TO VIEW AND COPY
The content and information displayed on this Site (“Materials”) is the property of BBI and/or other parties. The downloading, reproduction, or retransmission of BBI Materials, other than for non-commercial individual use, is strictly prohibited. This Site is to be used by Authorized Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorized User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
PROHIBITED CONDUCT
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of BBI; ( b) interfere with or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS
This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of BBI, through its subsidiaries, and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of BBI, through its subsidiaries, and/or other parties is granted to or conferred upon you. Reproduction or storage of Materials obtained from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any BBI trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this Site are the copyrighted property of BBI, or its subsidiaries, affiliates, or a BBI licensor, as applicable. All contents of the Site are protected by United States and international copyright laws. Bloomin’ Brands, Inc. is a trade name describing the subsidiary companies of Bloomin’ Brands, Inc. involved in the restaurant industry in the U.S. and around the world. Bloomin’ Brands, Inc., through its subsidiaries, is the franchisor/licensor of the BBI brand names and marks. Trademarks owned by a BBI company may not be used or displayed publicly without the prior written permission of the owner of the marks, except for downloaded logos and photographs as and if provided for elsewhere on the Site. Any rights not expressly granted herein are reserved.
The following are some of the service marks owned by Bloomin’ Brands, Inc., or its subsidiaries, or affiliates: OSI Restaurant Partners, LLC, Outback Steakhouse, Carrabba’s Italian Grill, Bonefish Grill, Fleming’s Prime Steakhouse and Wine Bar, Boomerang Club and Carrabba’s Amici Club.
COPYRIGHT COMPLAINTS
If you believe that your work has been copied and posted to our Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information: (1) a description of the copyrighted work that you believe has been infringed; (2) a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on our Site; (3) your address, telephone number, and e-mail address; (4) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or person authorized to act on behalf of the owner of the copyright interest.
Please send the written notice to our Copyright Agent at the following address by mail or e-mail:
Bloomin’ Brands, Inc. Attn: Copyright Agent/Legal Department 2202 N. West Shore Boulevard, Suite 500 Tampa, FL 33607 E-mail: copyrightagent@outback.comWe reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of BBI or others.
SUBMISSION OF CONTENT
Any submission to BBI is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to BBI and its designees a perpetual, irrevocable, non-exclusive fully-paid and royalty-free license to use any ideas, photos or other materials you submit (collectively the “Content”) to BBI and/or the Site without restrictions of any kind and without any payment, acknowledgement or other consideration of any kind, or permission or notification, to you or any third party. By submitting Content to the Site, you are giving BBI permission to publish such Content to any BBI maintained material including, but not limited to: websites, e-mail campaigns, social media pages, in-restaurant print materials, radio and television.
MONITORING
BBI shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by BBI, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, BBI shall have the right, but not the obligation, to remove any material that BBI, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:
- • Hate speech - language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
- • Personal attacks - language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
- • Invasion of privacy - phone numbers, e-mail addresses, physical addresses or other personal information;
- • Off topic - opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
- • Advertising – solicitations or advertising of any kind, including comments or links that are aimed at promoting other products or services;
- • Copyright/Plagiarism - comments that appear to violate copyright laws;
- • Offensive – offensive language or images, including but not limited to nudity.
LINKED WEB SITES
This Site includes links to other web sites. BBI provides such links solely as a convenience to you and for informational purposes only. BBI has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates BBI’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither BBI, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
PRIVACY
Your use of the Site is subject to our Privacy Policy. Notice to Nevada Residents: Requests by Nevada residents to exercise their privacy rights should direct their request to: NVprivacyrequest@bloominbrands.com. If you would like to view our privacy practices please review our Privacy Policy.
SECURITY
If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept full responsibility for all activities that occur under your account or password. You must notify BBI immediately in the event that the security of your login or password has been breached.
DISCLAIMER
THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS, AND SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Further BBI does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials, nor does BBI warrant that the Site will be current, error free or available at all times or without interruption. BBI also does not warrant that the Site or communications from BBI will be free of viruses or other harmful components. BBI may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. BBI makes no commitment to update the Materials.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BBI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY BBI, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF BBI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711):
WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
TERMINATION/ACCESS RESTRICTION
BBI reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and your account, if applicable, at any time, without notice. The provisions above relating to Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.
NOTICES
When you visit the Site or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS PROVISIONS
Any claim relating to this Agreement or the Materials shall by governed by the laws of the State of Florida, United States of America, exclusive of the choice of law rules thereof. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of BBI in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement. There are no third-party beneficiaries of this Agreement.
SITE POLICIES AND MODIFICATION
We reserve the right to make changes to our Site, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site. These changes will be effective immediately for new users of the Site. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such modifications.
