Privacy Policy

TERMS OF SERVICE, PRIVACY POLICY, AND DIGITAL MILLENNIUM COPYRIGHT ACT NOTICES

I.  WEBSITE TERMS OF SERVICE

Lefty’s Cheesesteaks Franchising, LLC (“LCF”) welcomes you to www.EatLeftys.com.  We ask that you read the following terms of use, which constitute a license which covers your use of this website and any transactions which you engage in through this website.  By accessing, viewing, and/or using this website, you acknowledge that you have read, understand, and agree to be bound by the following terms.  If you do not wish to be bound by the following terms, you are not permitted to access, view, and/or use this website.

A.  USE OF SITE

This website is provided solely for the use of current and future customers of LCF to provide them with information about our company, to permit them to place orders for our products and services, and to enable them to contact us with any questions or comments that they may have. Any other use of this website is strictly prohibited.

You agree to not use any features of this website to publish

i. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

ii. any advertisement, solicitation, spam, chain letter, or other similar type of information;

iii. any encouragement of illegal activity;

iv. unauthorized use or disclosure of private, personally identifiable information of others; or

v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

B.  SITE CONTENTS AND OWNERSHIP

The information contained on this website, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of LCF and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. A revocable license is granted to display, copy, distribute, download, and print portions of this website solely for the purposes of using this website for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Materials.  Except as provided in this notice, LCF does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

C.  DISCLAIMER OF WARRANTY

You expressly agree that use of this website is at your sole risk.  Neither LCF, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information.  Further, LCF does not warrant reliability of any statement or other information displayed or distributed through the website. LCF reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website.  LCF may make any other changes to this website, the Materials and the products, programs, services, or prices (if any) described in this website at any time without notice.

THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. LCF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LCF EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

D.  LIMITATION OF LIABILITIES

YOU AGREE THAT LCF AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL LCF OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER LCF OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

E.  INDEMNIFICATION

You agree to indemnify, defend, and hold harmless LCF, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

F.  LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of this website must be commenced within one year after the claim or cause of action arises.

G.  TERM AND TERMINATION

Without limiting its other remedies, LCF may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.

H.  HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this website links to websites operated by other entities (collectively the “Linked Sites”).  If you use any Linked Sites, you will leave this website.  If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by LCF.  The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by LCF.  LCF does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by LCF. Links do not imply that LCF or this website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of LCF or any of its affiliates or subsidiaries. Except for links to information authored by LCF, LCF is neither responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any website(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. LCF reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.

I.  CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. LCF makes no representation that the materials are appropriate or available for use outside the United States.  If you access this website from outside the United States, you will be responsible for compliance with all local laws.  You agree to comply with all laws and regulations applicable to your use of this website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Wayne County, Michigan for any disputes with LCF arising out of your use of this website.

Furthermore, you agree to not file suit against LCF in any court other than those located in Wayne County, Michigan, concerning any dispute with LCF arising out of your use of this website.

J.  ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between LCF and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and LCF with respect to this website.  A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

K.  MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement.  Any such modifications will become effective on the date they are first posted to this website.  It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions.  LCF does not and will not assume any obligation to notify you of changes to this Agreement.

L.  ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from LCF solely through electronic transmission.  You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

M.  JURY TRIAL WAIVER

YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, CROSSCLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.  KMC Co. v. Irving Trust Co., 757 F.2d 752 (6^th Cir., 1985) (holding that the right to a jury trial can be waived expressly by contract).

N.  DMCA NOTICES

To submit a notice of claimed copyright infringement, you will need to provide us with the following information:

1. A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;

2. Identification of the copyrighted work claimed to have been infringed (e.g., a link to your original work or clear description of the materials allegedly being infringed upon);

3. Identification of the infringing material and information reasonably sufficient to permit us to locate the material on our website;

4. Your contact information, including your address, telephone number, and an email address;

5. A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the complaint is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Your notice of claimed copyright infringement should be emailed to support@theleftys.com.

II.  PRIVACY POLICY

A.  Our Commitment to Privacy

Your privacy is very important to us.  Part of our operation of this website involves the collection and use of information about you.  This privacy policy explains what type of information we collect and what we do with that information to allow you to make choices about the way your information is collected and used.  This privacy policy may change from time to time, so please check it often.

B.  What Information Do We Collect?

In general, you can visit this website without identifying who you are or revealing any information about yourself.  Information collected online can generally be categorized as anonymous or personally identifiable.  Anonymous information is information that cannot be connected to the identity of a specific individual.  Personally identifiable information is information that specifically identifies a particular user, such as name, address, or phone number.  An example of anonymous information is the fact that, while this website may record the number of visits to a particular page that occur in a given period of time, it does not necessarily tell us the names or other identifying information of every visitor.  Many users of this website will choose not to provide any personally identifiable information; therefore, those individuals are anonymous to us, and any data collected about their use of this website is anonymous information.

C.  Automatic Anonymous Information

When you visit our website, we collect certain technical and routing information about your computer.  For example, we log environmental variables such as browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, to try to bring you the best possible service.  We also record search requests and results to try to ensure the accuracy and efficiency of our search engine.  We use your IP address to track your use of the website, including pages visited and the time spent on each page.  We collect this information and use it to measure the use of this website and to improve its content and performance.  All of the information that is automatically submitted to us by your browser is considered anonymous information.  To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.

D.  Cookies

This website uses cookies.  Cookies are small data files, typically made up of a string of text and numbers, that assign you a unique identifier.  This information enables your computer to have a “dialogue” with our website and permits us to administer our website more efficiently and to provide a more tailored and user-friendly service to you.  You may set your browser to notify you when you receive a cookie or to prevent cookies from being sent; if you do so, this may limit the functionality we can provide you when you visit our website.

Third parties that link on this website may use cookies or collect other information when you go to their website. We do not control the collection or use of your information by these companies. You should contact these companies directly if you have any questions about their collection or use of information about you.

E.  How Do We Use Information We Collect?

We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our website or services that may affect you. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.

We will not sell or give any personally identifiable information to any third parties.

We may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested by law enforcement or judicial authorities, we will provide this information on receipt of the appropriate documentation. We may also release information to law enforcement agencies or other third parties if we feel it is necessary to protect the safety and welfare of our personnel or to enforce our terms of use.

F.  Opt-Out Policy

If at any time you do not wish to receive offers and emails from us, we ask that you tell us. You may remove your name from our mailing list by sending us an email addressed to support@theleftys.com and indicating in the subject line “No Offers or Email.”

G.  Security

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.

H.  Transfer of Customer Information

Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.