PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON BRINKER INTERNATIONAL’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
RESTRICTIONS ON USE
Brinker may choose to modify the Online Services without notice or liability to you. Further, in its sole discretion and without notice to you, Brinker may terminate your access to the Online Services at any time including, but not limited to, if Brinker believes you have violated these Terms and Conditions or applicable law. Upon termination, these Terms and Conditions shall continue to apply to your prior use of the Online Services.
With regard to marketing communications you may receive from us, we provide in each email the option to unsubscribe from future emails. Your profile in certain Online Services can also be accessed to manage your communication preferences. Alternatively, you may be able to manage your communication preferences within the settings of your own device. Please note that you are responsible for the security and function of your device, as well as standard text messaging fees imposed by your wireless carrier’s rate plan. You understand that you must specifically opt out of any communications you are receiving from our franchise partners.
You represent that all remarks, suggestions, ideas, graphics, or other information communicated by you to Brinker International through these Online Services (together, the "Submission") is your own. Brinker International will not be required to treat any Submission as confidential. Brinker International will not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Brinker International operations with such Submissions. Without limitation, Brinker International will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Brinker International will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Brinker International, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
RESTRICTION OF LIABILITY
BRINKER INTERNATIONAL WILL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE INDIRECTLY OR DIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES (INCLUDING ANY CONTENT OR MATERIALS INCLUDED IN THE SAME), EVEN IF AN AUTHORIZED BRINKER INTERNATIONAL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. BRINKER INTERNATIONAL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, UNAUTHORIZED ACCESS, LINE FAILURE, OR ANY INFORMATION RECEIVED BY USERS OF THE ONLINE SERVICES. The above limitation or exclusion may not apply to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages. Brinker International's total liability for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid by you to access these Online Services.
You agree to indemnify, defend, and hold harmless Brinker against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses arising directly or indirectly from (i) your breach of these Terms and Conditions or violation of applicable law, (ii) your activities in connection with the Online Services, and/or (iii) infringement of a third party’s property or privacy rights in connection with your Submissions.
THE MATERIALS IN THESE ONLINE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. THE MATERIAL IN THESE ONLINE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. BRINKER INTERNATIONAL MAY MAKE CHANGES OR IMPROVEMENTS TO THE ONLINE SERVICES AT ANY TIME. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRINKER INTERNATIONAL DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRINKER INTERNATIONAL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WOULD BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THESE ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRINKER INTERNATIONAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS IN THESE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU (AND NOT BRINKER INTERNATIONAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE ONLINE SERVICES AND YOU AGREE THAT YOUR SOLE REMEDY AGAINST BRINKER FOR ANY PROBLEMS WITH THE ONLINE SERVICES IS TO DISCONTINUE USE OF THEM. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
ARBITRATION, JURISDICTION, JURY AND CLASS ACTION WAIVERS
Except as described otherwise, all materials in the Online Services are made available only to provide information. Brinker International makes no representation that these materials are appropriate or available for use in locations other than the United States or where the Online Services are otherwise offered. If you use these Online Services from other locations, you are responsible for compliance with applicable local laws.
Any claim you may have with respect to the Online Services must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with Brinker related to the Online Services will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding, and administered by JAMS before a single arbitrator in a location determined by JAMS in accordance with its rules or as mutually agreed. The arbitrator shall apply Texas law and render a decision based on the terms, conditions and agreements referenced herein. Should any part of this arbitration provision be deemed unenforceable, the other provisions described herein shall remain in effect. Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to these Online Services must be brought in the state or federal courts located in Dallas County, Texas. Should you file any administrative or legal claims without arbitrating and Brinker brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Brinker in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall by governed by the Federal Arbitration Act (“FAA”).
BOTH YOU AND BRINKER INTERNATIONAL AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, NO CLAIMS MAY BE MADE ON A CLASS OR REPRESENTATIVE BASIS AS YOU AND BRINKER INTERNATIONAL HEREBY WAIVE THE RIGHT TO ASSERT CLAIMS IN ANY CLASS OR REPRESENTATIVE ACTION.
The failure of Brinker International to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit any party's rights with respect to such breach or any subsequent breaches.
In certain instances, the Online Services may permit you to place orders with our restaurants online. While Brinker products and services are available in many parts of the world, product availability, pricing and menu selection may vary by location. To purchase our products, you must provide valid payment card and billing information. Brinker may use third party providers to process your payments to restaurants and, in doing so, Brinker or our providers may verify that your payment card is valid.
When you purchase items through the Online Services, you agree to pay the price stated at the time of your order, including any applicable taxes. Your payment card will be billed when you check out online or, if you do not provide payment information online, your purchase will be completed in-store when picking up your order. Upon any such purchase, you may receive a notification once your order has been accepted. By purchasing products through the Online Services, you represent and warrant that you are capable of entering into a contract under applicable law and that you understand the restaurant fulfilling your order is responsible for the products provided.
Please note that any offers or promotions you receive through the Online Services may be subject to certain terms including, but not limited to, limited availability in participating restaurants only. Generally, these deals are not transferable and cannot be redeemed for cash.
For more information about how you can use our gift cards, reporting lost or damaged cards, or checking your balance, please review our Gift Card Terms and Conditions.
While Brinker respects the intellectual property rights of others, we do not normally monitor or screen information submitted by you through the Online Services. If you believe that your copyrighted work is being infringed by content in the Online Services, you can notify Brinker in writing at the address below. You must include the following: (i) your name and contact information, (ii) identification of the infringed copyrighted work through a URL or copy of the work, (iii) a detailed description of the Online Services content you believe infringes the copyrighted work, and (iv) a signed statement that you believe in good faith, under penalty of perjury, that such use is unauthorized, that the information provided is accurate, and that you are the true copyright owner or the authorized representative of the owner of such works.
THIRD PARTY LINKS
All third party sites linked herein shall be subject to the policies and terms disclosed on such sites. Brinker disclaims any liability and shall not be responsible for any services or products offered by any such third parties or the privacy practices of such sites.
Please note that our restaurants are sometimes operated by independent franchise partners and that such partners are solely responsible for legal compliance with respect to the products offered and the operation of such restaurants. As Brinker is not responsible for your interaction with such franchise partners, it is advised that you read and understand any applicable terms, conditions, or notices provided to you by that franchise partner.