THESE TERMS OF USE CONTAIN A BINDING ARBITRATION AGREEMENT IN SECTION 19 THAT AFFECTS YOUR RIGHTS. THE BINDING ARBITRATION AGREEMENT REQUIRES THAT ALL DISPUTES BE RESOLVED IN INDIVIDUAL ARBITRATIONS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of this website (the “Website”), including any content, functionality, and services offered on or through the Website. These Terms of Use are entered into by and between You and Acurio International, Inc. (“Company,” “we,” or “us”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them on the Website. However, any changes to the dispute resolution provisions set out in Section 19 herein will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are encouraged to check this page each time you access the Website so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You are responsible for both:
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide on this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
The Website and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to the Company at the contact information provided below.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The Company name, the Company logo, the restaurants names and their corresponding logos, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
Additionally, you agree not to:
We reserve the right, but not the obligation, to monitor the Website for violations of these Terms of Use; take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; and otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Please be aware that any orders placed through the Website are processed and fulfilled by third-party websites and service providers (“Third-Party Services”). While we carefully select our Third-Party Services to enhance your experience and ensure the quality of the services offered, it is important to understand that these transactions are subject to the terms of use, privacy policies, and other relevant agreements of the respective Third-Party Services.
By opting to place an order through our website with any Third-Party Service, you acknowledge and agree that:
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that content or files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
The Company is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards to ensure we provide equal access to all users.
In our effort to provide a fully accessible and optimized user experience for all site visitors, the Company strives to conform to the Web Content Accessibility Guidelines (WCAG), and comply with the Americans with Disabilities Act (ADA) effective communication requirements, and other applicable regulations.
To accomplish this, we have built our Website to be accessible to impaired users by enabling software solutions that improve the user experience for all. We monitor the Website regularly to maintain this, but if you do find any problems, please contact us.
If you have difficulty using or accessing any element of this Website please contact us using the contact information provided below and we will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law (for example, through telephone support).
We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND THE COMPANY HAVE AGAINST EACH OTHER ARE RESOLVED. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
This Dispute Resolution Section shall be interpreted broadly and shall survive the termination of the Terms of Use or your relationship with the Company.
Definitions
“Dispute” means any and all controversies or claims arising out of, related to, or in connection with any aspect of the relationship between You and the Company, including but not limited to (i) any and all claims for relief based on any theory of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (ii) any and all claims or controversies that arose under these Terms of Use or any other prior version; and (iii) any and all claims or controversies that arise after the termination, expiration, or cancellation of these Terms of Use.
As used in this Dispute Resolution Section, the “Company” (or “we” or “us”) means Acurio International, Inc. and any of its parents, subsidiaries, and other affiliates, each of their respective predecessors, successors, and assigns, and each of their respective officers, directors, employees, and agents. “You” means you and any users or beneficiaries of our services. The Company and You are each individually, a “Party” and collectively, the “Parties.”
Exclusions
Notwithstanding the forgoing definitions, the following Disputes are not subject to this Dispute Resolution Section: (a) any Dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief (“Excluded Disputes”).
Informal Negotiations
To expedite resolution and control the cost of any Dispute brought by either You or the Company, the Parties agree to first negotiate any Dispute informally for at least thirty (30) calendar days before initiating arbitration. These informal negotiations are a required condition precedent to initiating arbitration and may only be waived by both Parties in writing. Such informal negotiations commence upon a Party’s receipt of written notice of a Dispute from the other Party.
Binding Arbitration
This written agreement to arbitrate is made pursuant to and governed by the Federal Arbitration Act. This Section can only be modified, amended, or waived by mutual agreement.
Any Dispute, including questions regarding the existence, validity, scope, or termination of the Terms of Use or this agreement to arbitrate, shall be referred to and resolved by binding arbitration administered by the American Arbitration Association (“AAA”), and conducted accordance with the AAA Consumer Rules (the “Rules”). If there is a conflict between the Rules and this agreement to arbitrate, this agreement to arbitrate shall govern. If there is a conflict between the rest of the Terms of Use and this agreement to arbitrate, this agreement to arbitrate shall govern. The number of arbitrators shall be one, and discovery shall be limited to document requests. There shall be no depositions or other discovery without the agreement of the Parties. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect confidential or proprietary information of the Parties. Unless the Parties agree otherwise, the seat, or legal place, or arbitration shall be in Miami, Florida, or, at either Party’s election, virtually via Zoom, Teams, or some other equivalent platform to be determined at the discretion of the arbitrator. The arbitrator’s award may be entered in any court having jurisdiction only if necessary for purposes of enforcing the arbitrator’s award.
No Collective, Class, or Representative Actions
The Parties agree that dispute resolution, including but not limited to any and all arbitration or litigation, shall be limited to the Parties on an individual basis only. To the full extent permitted by law, (a) no arbitration shall be consolidated or joined with any other proceeding; (b) there is no right or authority for any Dispute to be resolved, in arbitration or litigation, on a class-action or collective basis or to utilize class action or mass action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. This waiver of class, collective, and all other joint or representative actions is an essential part of the Parties’ agreement to resolve their Disputes pursuant to this Section and cannot be severed from it. If any other portion of this Dispute Resolution Section is found to be illegal or unenforceable, than that portion may be severed by a court of competent jurisdiction.
Small Claims Court Option
Notwithstanding anything else to the contrary, after engaging in the Informal Negotiations procedure described above, either You or We may elect to have a Dispute heard in a small claims court of competent jurisdiction if no claim underlying the Dispute is aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
THE GOVERNING LAW OF THESE TERMS OF USE SHALL BE SUBSTANTIVE LAW OF THE STATE OF FLORIDA. FOR ANY MATTERS NOT COVERED BY THE DISPUTE RESOLUTION PROVISIONS ABOVE, INCLUDING, WITHOUT LIMITATION, THE EXCLUDED DISPUTES, THE PARTIES CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN MIAMI-DADE COUNTY, FLORIDA. REGARDLESS OF WHERE ANY CLAIM, CONTROVERSY, ISSUE, DISPUTE, OR MATTER IS RESOLVED, INCLUDING IN COURT OR IN ARBITRATION, THE PARTIES AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY.
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and any other documents and policies referenced herein constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior versions of these Terms of Use and all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by Acurio International, Inc.
All notices and claims should be sent in writing to the contact information below in the manner and by the means set out herein.
2850 West Horizon Ridge Parkway, Suite 200
Henderson, Nevada 89052
Or Google@AcurioInternational.com
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: Google@AcurioInternational.com
