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Terms of Use

ONLINE AND CLUB VEG TERMS OF USE

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE "SITE") OF GARDEN FRESH RESTAURANT CORP. ("GARDEN FRESH") AND YOUR MEMBERSHIP IN CLUB VEG, IF APPLICABLE, AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT GARDEN FRESH AND ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AND PROGRAMS DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER AGREE THAT GARDEN FRESH CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.

GENERAL USE RESTRICTIONS

All information, documents, products, software, services, and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Garden Fresh or its licensees. Garden Fresh and its licensees shall own all right, title and interest to the Materials. You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.

Garden Fresh grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) both the Garden Fresh copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use and is not to be distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or reposted in any media. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials.

THIRD PARTY CONTENT

Certain information and content may be provided by third parties to Garden Fresh ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.

LINKING

Without the prior written consent of Garden Fresh, you may not use any of Garden Fresh's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by Garden Fresh; 2) cause confusion, mistake, or deception; 3) dilute Garden Fresh's trademarks or service marks; or 4) otherwise violate state or federal law.

NO FRAMING

You agree not to reproduce, transmit, display, distribute, "frame" or "mirror" any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Garden Fresh or its licensors, respectively.

LINKS TO THIRD PARTY WEBSITES

This Site may be linked to other websites on the World Wide Web or Internet that are not under the control of or maintained by Garden Fresh (“External Websites”). Such links do not constitute an endorsement by Garden Fresh of those External Websites. You acknowledge that Garden Fresh is providing these links to you only as a convenience, and further agree that Garden Fresh is not responsible for the content of such External Websites. Your use of other websites is subject to the terms of use and privacy policies located on the linked External Websites.

PASSWORD PROTECTED AREAS OF THE SITE

Certain areas of the Site are password restricted to registered users ("Password Protected Areas"). If you are a registered user of the Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password. You agree that you are entirely responsible for any and all activities which occur under your account, including any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify Garden Fresh of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

PRIVACY POLICY

Your use of the Site is subject to and governed by the Garden Fresh Privacy Policy that is available here.

UNAUTHORIZED ACTIVITIES

You acknowledge that any unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions or the actions of any person using your email address or password.

RESTRICTIONS ON MINORS

Some of the activities offered on this Site are restricted to participants 18 years or older, by way of example but not limitation, membership in Club Veg.

SUBMISSIONS

Any submissions made to this Site (other than information subject to the privacy policy), including, but not limited to, suggestions, comments, questions, documents, computer files, FTP transfers, or other information or materials, in any form, shall be the exclusive property of Garden Fresh. Such submissions shall be deemed to be non-confidential and Garden Fresh shall have no obligation of any kind with respect to such submissions and shall be free to reproduce, use, disclose, and distribute the submissions to others without limitation. Garden Fresh shall be free to use such submissions, including any ideas, concepts, know-how, or techniques contained therein, for any purpose whatsoever including but not limited to developing, manufacturing, and marketing programs, services or projects based upon such submissions, without any obligation to you. Garden Fresh agrees to use any personally identifiable information included in such submissions in accordance with the Garden Fresh Privacy Policy. You retain ownership of any copyrights or other intellectual property rights applicable to any information you submit to Garden Fresh.

You acknowledge that you are responsible for any submissions you make to the Site, and that you, and not Garden Fresh, will have full responsibility for each such submission, including its legality, reliability, appropriateness, originality and compliance with copyright law. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of other or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition.

CLUB VEG MEMBERSHIP ELIGIBILITY

You must be eighteen (18) or over to register as a member of Club Veg. By registering as a member of Club Veg, you represent and warrant that you have the right, authority, and capacity to abide by all of these terms and conditions. Each member is allowed to have only one Club Veg membership. Garden Fresh allows only one person to use a registered email address.

MEMBERSHIP REGISTRATION

To become a member of Club Veg, you must register and provide certain information, including a member username, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Garden Fresh will use your Registration Data in accordance with its privacy policy, which you can review here.

MEMBERSHIP PRIVILEGES

As a Club Veg member, you may have the opportunity to participate in programs and to receive informational and promotional materials from Garden Fresh. Garden Fresh may change membership programs and privileges at any time. The current membership program includes, but is not limited to, communication regarding our menu, promotions, news, special offers, contests, surveys and newsletters.

MARKETING ALERTS

What is the Club Veg Marketing Alerts Program?

The Club Veg Marketing Alerts Program is SMS messages that are sent to opted-in users that contain marketing and promotional content for Garden Fresh customers. After an initial confirmation SMS message, users will be opted in to a recurring SMS program.

How do I sign up for the Club Veg Marketing Alerts Program?

Sign up for the Club Veg Marketing Alerts Program by texting your email address to 252834. By signing up, you are opting in to receive SMS messaging and emails from the Club Veg loyalty program for Garden Fresh and will receive about fifteen (15) promotional messages per month. Your consent is not required as a condition of purchasing any goods or services from Garden Fresh, including for participation in Club Veg. The Club Veg Marketing Alerts Program messages are not mobile spam. By enrolling in the Club Veg Marketing Alerts Program, you certify that you are over 18 years of age and (a) you are the mobile account holder and can incur any mobile message or data charges related to the Club Veg Marketing Alerts Program. The service is a recurring message program.

Is it free?

Although all the Club Veg Marketing Alerts Program messages are complimentary, Message & Data Rates May Apply. Depending on your text plan, you may be charged by your carrier. Garden Fresh and Club Veg are not responsible for any messaging or data charges incurred by your participation in the Club Veg Marketing Alerts Program.

What if I don't want to receive any more service messages?

To stop receiving all Club Veg Marketing Alerts Program messages, simply text STOP to the short code 252834 Once your telephone number is removed from our system, you will receive a final confirmation message and no further messages will be sent to your cell phone or mobile device.

What if I want to opt back in?

You can start receiving Club Veg Marketing Alerts Program messages again by following any of the steps outlined in the above section: "How do I sign up for the Club Veg Marketing Alerts Program".

What if I want more info?

To request more info, simply text HELP to the short code 252834.

What are the Participating Carriers?

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, iWireless, Leaco, Mobi PCS, Mosaic, MTPCS/ Cellular One (Cellone Nation), Nemont, Nex-Tech Wireless, nTelos, NW Missouri Cellular (Hawkeye), Panhandle Telecommunications, Peoples Wireless, Pioneer, Pine Cellular, Plateau, Revol, Rina - Custer, Rina - All West, Rina - Cambridge Telecom Coop, Rina - Eagle Valley Comm, Rina - Farmers Mutual Telephone Co, Rina - Nucla Nutria Telephone Co, Rina - Silver Star, Rina - Syringa, Rina - UBET, Rina - Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless. Other regional and smaller carriers are also supported.

Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer's equipment, terrain, and proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.

How are the messages sent?

We may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you supply when you opt in.

Termination

Garden Fresh may limit, suspend, or terminate your Club Veg Marketing Alerts Program at any time, with or without notice, and with or without cause.

MEMBERSHIP OBLIGATIONS AND RESTRICTIONS

You shall not use your membership to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) violate or attempt to violate, the security of the Site; (iii) access materials not intended for you; (iv) log into a server or account which you are not authorized to access; (v) disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of such solicitation; (vi) assist or permit any persons in engaging in any of the activities described above or (vii) interfere with another member's use and enjoyment of the Site.

TERMINATION OF MEMBERSHIP

You can terminate your membership in Club Veg by following the unsubscribe link in our email communication with you, or by emailing privacy@gardenfreshcorp.com. Garden Fresh reserves the right to terminate any Club Veg membership at any time, for any reason or no reason, with or without notice.

TRADEMARKS

Garden Fresh Restaurant Corp.®, Sweet Tomatoes®, Souplantation®, and all other marks designated as such are trademarks of Garden Fresh in the United States and other countries. All other marks, names, and logos mentioned herein are the property of their respective owners. You may not remove or alter any trademark. You may not use any trademark displayed on the Site without the express prior written permission of Garden Fresh or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel, or otherwise, any right to use such trademarks.

COPYRIGHT NOTICE

All information and screens appearing on this Site including documents, products, software and services, graphics, text elements, website design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Garden Fresh, Copyright © 2006 Garden Fresh, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

COPYRIGHT AGENTS

GARDEN FRESH RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE GARDEN FRESH'S COPYRIGHT AGENT THE FOLLOWING INFORMATION:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a 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; and
  6. 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.

Garden Fresh's Copyright Agent for notice of claims of copyright infringement on its website is as follows:

By mail: Garden Fresh Restaurant Corp.
Attention: Copyright Agent
15822 Bernardo Center Drive, Suite A
San Diego, CA 92127
By phone: (858) 675-1600
By email: guestservices@gardenfreshcorp.com

MISCELLANEOUS TERMS

Garden Fresh does not monitor your data or transmissions; yet, Garden Fresh does actively monitor overall Site usage for system utilization. You agree that if Garden Fresh becomes aware of inappropriate use of the Site or any Garden Fresh service, Garden Fresh may respond. You acknowledge that Garden Fresh will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Garden Fresh will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, Garden Fresh reserves the right to terminate your access to the Site without notice. Garden Fresh controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to export and import regulations of other countries in relation to the Materials.

Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held to be illegal or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be fully valid, binding, and enforceable. The failure of Garden Fresh to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Garden Fresh in writing. The Terms comprise the entire agreement between you and Garden Fresh and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

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