Terms of Use

These Terms of Use apply to our websites, microsites, and mobile versions of these websites (collectively, the “Website”) that expressly adopt, display, or link to these Terms of Use, as may be revised from time to time, and that are owned, operated, or controlled by Penn Station, Inc. or any of its affiliates (collectively, the “Company” or also referred to as “we,” “our,” or “us”).

These Terms of Use require you to arbitrate certain disputes with the Company rather than resolve disputes through a jury trial or class action, in accordance with the below section “Dispute Resolution and Agreement to Arbitrate.”

While the Company operates and controls the Website, we are not responsible for the operation of franchised Penn Station restaurants. Instead, the franchised restaurants are owned and operated by independent franchisees. Each of these franchisees is solely and independently responsible for its legal and regulatory compliance, for any issues relating to the sale of menu items to you from their restaurant, and for any employment-related matters in the restaurant.

As between you and each such franchisee, each franchisee is intended to benefit from these Terms of Use as a beneficiary, with rights to enforce these Terms of Use against you; provided, however, the below section “Dispute Resolution and Agreement to Arbitrate” shall not apply to disputes you have with any franchisee.

Your access to and use of the Website on your computer, mobile device, tablet, or other device (your “Device”) is subject to certain applicable third parties’ policies, terms and conditions, requirements, and usage rules, including but not limited to your mobile carrier rules, which you agree are, to the extent the foregoing are applicable, binding on you. You shall access and use the Website in strict compliance with all applicable laws, rules, and regulations.

Your access to and use of the Website (and Website Content) are subject to all terms and conditions in these Terms of Use.

BY ACCESSING, BROWSING, AND/OR USING ANY OF THE PAGES, ORDERING THROUGH, OR SERVICES POSTED ON THE WEBSITE, YOU (also referred to as the “User”) AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THE WEBSITE.

Changes to Website. At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension, or discontinuance shall be without liability to the User.

Changes to Terms; Updates. The Company reserves the right to change these Terms of Use at any time and in its sole discretion. The User’s continued use of the Website after any such changes to these Terms of Use are made available will constitute the User’s acceptance of those changes. These Terms of Use shall govern any updates to, supplements to, or replacements for the Website, unless separate terms are provided in conjunction with such updates, supplements, or replacements (in which case such separate terms will apply).

Content. All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code, and scripts (collectively, the “Website Content”), and the collection, arrangement, and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title, or interest in or to the Website Content. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website, or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.

Use of Website Content. The Website, including all Website Content, is provided solely for personal use and may not be used in a commercial manner. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. While accessing and using the Website, you may download one copy of the materials on any single Device for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services, or brands; and (c) you make no modifications to the materials. All rights not expressly granted are reserved by the Company and its licensors. You agree that the unauthorized access or use of the Website Content could cause irreparable harm to the Company, and that, in the event of an unauthorized access or use, the Company shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

Trademarks. All rights regarding any trademarks, trade names, service marks, logos, and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by the Company and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website. The Marks may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Company or the applicable rights holder.

Links. The Website may include links to third-party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND THE COMPANY WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.

User Information. Some functionality of the Website may require the transmission of information provided by the User (“User Information”). User Information may include, but is not limited to, a User’s name, address, email address, telephone number, method of payment, credit card number, password, and billing information. The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change. By using such functionality, the User consents to the transmission of User Information to the Company, its franchisees, its agents, and/or its authorized contractors and authorizes the Company, its franchisees, its agents, and/or its authorized contractors to record, process, and store such User Information as necessary for the Website functionality and, as applicable, for the purposes described in the Privacy Policy located here. By using the Website, you accept the terms and conditions of the Privacy Policy, which is incorporated herein by reference.

Online Commerce. The Website may allow users to make online purchases. When a User makes such a purchase via the Website, information obtained from the User in the course of such purchase, including User Information, may be collected by the Company, as well as its franchisees and our and/or their third-party vendors and service providers, such as payment processing companies responsible for facilitating your purchase. Such third-party vendors and service providers may have privacy and data collection practices that are different from those utilized by the Company. The Company has no responsibility or liability for the independent policies of such third-party vendors or service providers. In addition to being subject to these Terms of Use, certain User purchases may subject that User to additional terms and conditions of these third-party vendors or service providers. The User agrees not to assert against the Company any claims arising from the User’s purchase from any such third-party vendors or service providers.

Third-Party Content. The User understands and agrees that the Company does not control and is not responsible for any content made available on the Website by other users. The User’s use of, or reliance on, any information contained in such third-party content is at the User’s sole risk. Under no circumstances will the Company be liable for any such third-party content or for any loss or damage resulting from the User’s use of, or reliance on, such third-party content.

Social Media Use. Penn Station, Inc. and/or its affiliates may have pages on social media sites, including but not limited to third-party social networking websites. Any use of any such social media site or its features is subject to the terms of use or the like of that social media site and not these Terms of Use.

Acceptable Use. The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent, or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by the Company to access Website Content; (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (v) attempts to gain unauthorized access to the Company’s systems or user accounts; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) attempts to damage, disable, or overburden the Company’s servers or networks; or (viii) fails to comply with applicable third-party terms and conditions. The User must comply with all applicable third-party terms of use, terms of service, or the like (e.g., wireless carrier terms of service) at all times while using the Website. The Company reserves the right, in its sole discretion, to terminate any licenses or permissions granted to the User and/or bring legal action against the User if the User engages in, or the Company reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use. The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

Restrictions. The User must not: (a) access or attempt to access the Website by any means other than through the interface provided by the Company; (b) make any copies of the Website or the Website Content other than the copy that the User needs to operate the Website on the User’s Devices; (c) modify or create any derivative works of the Website or Website Content; (d) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Website, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Company’s networks; (e) use the Website to develop software or services that access the address space of the Website or that intercept the proxy; (f) attempt to gain unauthorized access to any of the Company’s or the Company’s suppliers’, licensors’, or distributors’ services, accounts, computer systems, or networks associated with the Website; (g) resell, lease, sublicense, or otherwise attempt to transfer rights to the Website or the Website Content; (h) remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in the Website or on the Website Content; (i) block, disable, or otherwise affect any advertising, advertisement banner window, tabs, links to other sites and services, or other features that constitute a part of the Website; (j) incorporate, integrate, or otherwise include all or any portion of any of the Website (including the communications protocols) into any software, program, or product that communicates, accesses, or otherwise interconnects any of the Company’s services with any other instant messaging or other online service; (k) use any of the Company’s services associated with the Website in any manner that could damage, disable, overburden, or impair such services or interfere with any other party’s use and enjoyment of them; (l) use the Website or any Website Content in any way that violates these Terms of Use or any law or the rights of any third party; (m) use the Website in any way to transmit, directly or indirectly, any unsolicited bulk communications (such as e-mails, voice, photos, video, chat, or instant messages); or (n) assist any third party to do any of the acts described in this paragraph.

The Company may take any actions or apply any technical remedies to prevent unsolicited bulk communications, viruses, or other harmful code from entering, utilizing, or remaining within our computer or communications networks.

Information Disclaimer. The Company attempts to be as accurate as possible regarding product and service descriptions, pricing, and availability on the Website. However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that product and service descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to product or service descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of products or services without notice. In addition, the Company reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.

Menu or nutritional information is provided on the Website and based on standard recipes and product formulations; however, slight variations may occur due to use of an alternate supplier, region of the country, and/or small differences in product assembly. Certain product or nutritional information may not apply to all restaurants. If you have questions about the products, procedures, or ingredients at a particular restaurant, please contact the restaurant.

Franchise Information. No information available on the Website is intended as an offer to sell, or the solicitation of an offer to buy, a franchise. Franchise offering is by prospectus only. An offer for the sale of a franchise is only commenced by the delivery of the franchise disclosure document to you in compliance with federal and state laws that regulate the sale of franchises. Information available on the Website regarding franchising and the terms and conditions in these Terms of Use do not affect the information or the terms and conditions in an applicable franchise disclosure document and/or franchise agreement.

Eligibility. The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into, and abide by, these Terms of Use; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country; and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not targeted toward or intended for individuals under the age of 18. The Company provides the Website for use in the United States of America. The Company does not represent that the Website is available or appropriate for use in other countries. Any access to or use of the Website from other countries is at the User’s sole risk, and the User is responsible for complying with all applicable local laws.

Disclaimers. THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE WEBSITE CONTENT OR ANY OTHER INFORMATION INCLUDED ON THE WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE WILL BE AVAILABLE AND FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ALL PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, PROMOTIONS, OFFERS, AVAILABILITY, OR THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, CURRENT, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR ERROR-FREE. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT OF DATE, THE COMPANY RESERVES THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION OR TO CANCEL ORDERS RELATED TO SUCH INFORMATION WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER). YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK. ADDITIONALLY, THE COMPANY DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OFFERED BY RESTAURANTS, ORDERED FROM RESTAURANTS THROUGH THE WEBSITE, OR ORDERED THROUGH ANY THIRD-PARTY PROVIDERS’ WEBSITES IN ANY MANNER. These disclaimers and warranty exclusions shall apply except to the extent applicable law does not permit them.

Limitations of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE COMPANY, ALONG WITH ITS PRESENT, PAST, AND FUTURE DIRECT AND INDIRECT AFFILIATES AND RELATED ENTITIES, AS WELL AS EACH OF THE PRESENT, PAST, AND FUTURE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, OWNERS, INVESTORS, SUCCESSORS, ANDASSIGNS, BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE WEBSITE (INCLUDING THE WEBSITE CONTENT), INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO YOUR OR A THIRD PERSON’S COMPUTER AND/OR ITS CONTENTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE (INCLUDING THE WEBSITE AND THE WEBSITE CONTENT). The foregoing limitations will apply even if any stated remedy fails of its essential purpose. In some jurisdictions, certain limitations of liability are not permitted, and, to that extent, such limitations on liability may not apply to you.

Indemnity. Upon request by the Company, the User agrees to indemnify, defend, and hold harmless the Company and its affiliates and their respective employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) that arise from: (i) the User’s misuse of the Website (or the Website Content); (ii) the User’s violation of these Terms of Use; (iii) the User’s violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Company in asserting any available defenses. These indemnification obligations will survive any termination of these Terms of Use.

Governing Law. These Terms of Use are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.

>Injunctive Relief. You agree that your breach or threatened breach of these Terms of Use will cause us irreparable injury for which recovery of monetary damages would be inadequate and that we, therefore, may obtain timely injunctive relief to protect our rights under these Terms of Use in addition to any and all other remedies available to us at law or in equity.

Dispute Resolution and Agreement to Arbitrate.

Jurisdiction. Subject to the below sub-section “Agreement to Arbitrate” and for any disputes not otherwise subject to arbitration, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in or for Cincinnati, Ohio, USA, for purposes of any legal action arising out of or related to these Terms of Use or access to or use of the Website.

Agreement to Arbitrate. Any civil action, claim, dispute, or proceeding arising out of or relating to these Terms of Use or access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court (except as provided in the section “Injunctive Relief”). Except as provided in the section “Injunctive Relief,” the arbitrator – and not any federal, state, or local court or agency – will have exclusive authority to resolve any dispute arising out of these Terms of Use or access to or use of the Website, and to arbitrate any part of these Terms of Use, including any claim that all or any part of the this section or these Terms of Use is void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Cincinnati, Ohio, USA, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules and a form for initiating arbitration proceedings are available at https://www.adr.org.

You and we will select the arbitrator, and, if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited such fees and costs as required by the AAA for arbitration of the type of claim brought by the person requesting arbitration. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Ohio, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding, and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the federal or state courts of record in or for Cincinnati, Ohio, USA.

THE USER IS GIVING UP RIGHTS TO HAVE A TRIAL BY JURY.

Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

For clarification, this section on “Dispute Resolution and Agreement to Arbitrate” does not apply to claims relating to goods or services purchased at franchised restaurants, and any such claims must be directed to the franchisee who owns and operates the restaurant where the purchase was made.

Contact. If you have questions, comments, or complaints regarding the Website, you may contact Penn Station, Inc. at [email protected] or by U.S. mail: 1226 U.S. Highway 50, Milford, OH 45150, Attention: Website Administration.