LAST UPDATED MARCH 6, 2018
Welcome to Dig Inn or a website hosted by Dig Inn.
Our Accessibility Policy can be found here: www.diginn.com/accessibility.
The Services are offered and available only 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 any Service, you represent and warrant that you are 18 years of age or older, reside in one of those locations, and are fully competent to agree to and comply with these Terms.
MOBILE DEVICE APPLICATION END-USER LICENSE
In the event that the Service is provided to you in the form of an application (“App”) provided or installed on a portable device, such as but not limited to an Apple® or Android® or Fire® device, the terms of this agreement are between Dig Inn and you only, and not with any third-party device manufacturer or supplier. Dig Inn is solely responsible for the Site, Services or Apps and the content thereof.
If you install or use our Services, including any accompanying documentation on a mobile device (" Mobile App"), we grant you a limited, non-transferable right to install and use the Mobile App on a single authorized device located in the United States and its territories or in another country where we may offer the Mobile App. You may use the Mobile App for your personal, non-commercial and entertainment purposes only.
You agree to also comply with any App Store Terms of Service. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the Mobile App. We will not provide you with a mobile phone or computing device, internet access or wireless connection in order to use the Mobile App. We are not responsible for any interaction between you and another Mobile user, or information you transmit through the Mobile (including your location).
In the event of any failure of the Mobile App to conform to any applicable warranty, you agree that you may notify the Supplier of the Mobile App (such as the Apple® App Store, or Google Play®), and the Supplier may refund the purchase price for the Mobile App to you; and that, to the maximum extent permitted by applicable law, the Supplier may have no other warranty obligation whatsoever with respect to the Mobile App. You agree that any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Dig Inn.
By using the Mobile App you acknowledge that Dig Inn, not a Third Party Supplier (Apple, Google, etc.), is responsible for addressing any claims of the end-user or any third party relating to the Mobile App or the your possession and/or use of that the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. However, you acknowledge that any liability on behalf of Dig Inn is strictly limited by the terms of this Agreement, so long as those terms do not conflict with any applicable law.
By using the Mobile App, you agree that in the event of any third-party claim that the Mobile App or your possession and use of Mobile App infringes any third party’s intellectual property rights, Dig Inn and not any Supplier will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
By using the Mobile App, you represent and warrant that (i) you are 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 supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the Mobile App, you acknowledge and agree that a Supplier, and any Supplier’ subsidiaries, are third party beneficiaries of the this agreement, and that, upon your acceptance of the terms and conditions of the this Agreement, the Suppler will have the right (and will be deemed to have accepted the right) to enforce the terms of this agreement against you as a third party beneficiary thereof.
The Mobile App are not intended for children under the age of 13 and no person under the age of 13 may use the Mobile App.
PRODUCT, PAYMENT, ORDERS
In connection with the Services you may have the opportunity to purchase products or services provided by us.
Like most perishable food suppliers, we prepare and serve products that may contain egg, milk, soy, wheat or other allergens. While a particular food may not contain one of these allergens, our products may be prepared on the same equipment and in the same area as those that do. We cannot guarantee that cross contact with allergens will not occur and neither Dig Inn, our employees, agents, affiliates or licensee assume any responsibility for a person's sensitivity or allergy to any item provided. Variations may occur due to differences in suppliers, ingredient substitutions, recipe revisions, and/or product production at the local facility or store. Some menu items may not be available at all local facilities or stores. If you have specific order preferences, or custom orders, you may attempt to contact your local customer service representative to place such orders. While we make every effort to accommodate dietary, allergen and nutritional restrictions, we cannot, and do not guarantee that we have, stock, provide or otherwise sell any form or modified product that meets your request or expectation within a given retail location.
You represent and warrant that you are authorized to use any designated payment method you select, and that you authorize us (or our third-party payment processor) to charge or access your payment method for any orders placed using the Services. (including any applicable taxes, delivery charges, and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled.
All prices for products and services, applicable taxes and other charges are in U.S. dollars, unless otherwise stated. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.
All products offered for sale using the Services are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products (including, but not limited to, specific ingredients or entire meals) without prior notice.
We strive to provide you with high-quality products, and given the perishable nature of certain products, local circumstances, and market conditions beyond our control, we may be required to make substitutions from time to time.
We will collect applicable sales tax on products shipped for which we determine we have a duty to collect sales tax. If a product is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted.
You agree to pay any shipping, delivery or handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate delivery, shipping or handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, delivery and shipping are handled by a third-parties. When you purchase a product, any delivery or shipping times shown on the Services are estimates only. Actual delivery dates and times may vary. In the case of inclement weather, natural disaster, infrastructure outages or other events beyond our control that interfere with our ability, or a third parties’ ability to deliver your order, we will attempt to have your order delivered as soon as reasonably possible.
You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption for at-risk groups.
You are not permitted to resell or otherwise use the products for commercial purposes.
If you are dissatisfied with our products for any reason, please contact us at [email protected] Depending on the circumstances, we may, in our sole discretion, replace any product at our expense, provide you a full or partial refund of the purchase price for that product or provide your account with a credit against future purchases.
MODIFICATION OF THE TERMS
OWNERSHIP; PROPRIETARY RIGHTS
The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that resides or is viewable, submitted or otherwise discoverable on the Services (collectively, the "Content") is owned by us or our licensors. We have copyright rights in the Services and Content. We may change the Content and features of the Services at any time.
So long as you adhere to the terms of this agreement, we grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use the Services and its Content as permitted by these Terms. As a condition precedent, you agree that you will not:
• Create similar or competing sites, applications, services, or products using information, data, code or materials obtained from the Services or Content.
• Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
• Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the Services;
• Link to any portion of the Services other than the URL assigned to the home page of our Site or a URL for user storage located within the Service;
• "Frame" or "mirror" any part of the Services;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
• Remove any copyright, trademark or other proprietary rights notices contained on/in the Services;
• Use any robot, spider, offline reader, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, including with respect to any CAPTCHA or other account registration system provided or displayed on the Services. Where relevant, operators of public search engines may use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Content;
• Use the Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section or exceeds the scope of the license granted to you herein, constitutes unauthorized use, reproduction, display, or creation of unauthorized derivative versions of the Services and Content, and infringes our copyrights, trade secrets, and other rights we may have in the Services and Content. You will not acquire any ownership rights by using the Services or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Services are owned by us or our licensors.
You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by writing: [email protected]
The Services are directed to people residing in the United States. We do not represent that Content available on or through the Services is appropriate or available in other locations. We may limit the availability of the Services or any service or product described on the Services to any person or geographic area at any time. If you choose to access the Services from outside the United States, you do so at your own risk.
Without prejudice to the Ownership and Conditional License Section, your authorization to access this site is revoked immediately upon doing any of the following:
· Use any Service for any purpose that is unlawful in any applicable jurisdiction or prohibited by these Terms.
· Use any Service other than for personal, non-commercial use.
· Reproduce, duplicate, copy, sell, trade, resell, distribute, exploit, modify, adapt, translate or create derivative works based upon any portion of the Services, including any Materials.
· Interfere with, damage, impair, or disable the operation of the Services by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
· Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services.
· Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means.
· Attempt to interfere with the proper working of the Services or any activities conducted on the Services.
· Attempt to obtain any materials or information through any means not intentionally made available through the Services.
· Modify the Services in any manner or form, or use modified versions of the Services, for any reason including without limitation to obtain unauthorized access to the Services.
· Use any automated means to access the Services for any purpose without express written consent, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Services.
· Use any of our names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or “hidden text”, without our express written consent.
· Remove, alter, or obscure any trademarks or any intellectual property or proprietary rights notices from any Service, including any copy thereof.
· Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Service or any part thereof, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
· Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available an Application, or any features or functionality of an Application, to any third party for any reason, including without limitation by making an Application available on a network where it is capable of being accessed by more than one device at any time.
ACCESS AND ACCOUNT SECURITY
You must use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
CHANGES TO THE SERVICES
We may, but are not obligated to, update the content of the Services from time to time. Any of that content may be out of date at any given time.
We may, from time to time, develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, or new features. These updates may also modify or delete in their entirety certain features and functionality. We are not obligated to provide any such update or to continue to provide or enable any particular features or functionality of any Application. Based on your mobile device settings, when your mobile device is connected to the internet either (a) the Application will automatically download and install all available updates, or (b) you may receive notice of or be prompted to download and install available updates. You must promptly download and install all Application updates and acknowledge that Applications may not properly operate should you not do so.
We may, in our sole discretion and for any or no reason, terminate your access to the Services at any time, with or without notice, without liability to you or any third party.
Violation of these Terms
You agree that any attempt to access the Services subsequent to: (1) a notification of violation of these Terms; (2) engaging in Prohibited Uses of the Services; or (3) knowledge that such attempt is in violation of these Terms; shall constitute unauthorized access under 18 U.S.C § 1030 (Computer Fraud and Abuse Act).
We may investigate any violation of these Terms, including unauthorized use of the Services. We may take legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Services at any time without notice to you. If that happens, you may no longer use the Services or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Services or to your account or any related information, and we will not be required to make the Services or your account or any related information available to you. We may refuse to honor pending and future transactions made from all accounts we believe may be associated with you.
You agree that your abusive use of the Services may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Services are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
You agree that your failure to abide by these terms may cause irreparable harm to Dig Inn, which harm cannot be adequately compensated for by money damages. It is further agreed by you that an order of specific performance or for injunctive relief against the you in the event of a breach or default under the terms would be equitable and would not work a hardship on the you, your business interests or activities. Accordingly, in the event of a breach or default by you of any term provided hereunder, Dig Inn, without any bond or other security being required and in addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance by, or to obtain injunctive relief against you, with respect to any obligation or duty herein or breach thereof.
DISCLAIMERS; NO WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN. THIS DISCLAIMER EXTENDS TO OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
THE USE OF THE SERVICES, AND ANY GOODS OR SERVICES OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, GOODS, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WE AND OUR SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT REPRESENT OR WARRANT
(A) THAT THE MATERIALS, SERVICES, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY OF THE FOREGOING WILL BE CORRECTED;
(B) THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE; OR
(C) THAT ANY APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS OR DATA THROUGH THE SERVICES AT YOUR OWN DISCRETION AND RISK AND ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM AND MOBILE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR LICENSORS, 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, ANY SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, 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 IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You hereby release each us and our affiliates, licensees, licensors, vendors, suppliers, partners, designees, and assigns and each of their respective employees, officers, directors, and suppliers (collectively, the “Releasees”) from all claims, causes of action, liabilities, losses, costs, and expenses (including without limitation attorneys’ fees) relating to your use of the Services, whether known or unknown and whether past, present, or future.
If anyone brings a claim against us related to your use of the Services, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Any claim relating to the use of the Services shall be filed in a federal or state court located within New York County, New York, and we both consent to the jurisdiction of those courts for such purposes.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
Alternatively, at Dig Inn’s sole discretion, any claim relating to the use of the Services shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GOVERNING LAW; FORUM
The laws of New York govern all matters arising under and relating to these Terms. You shall (a) submit to the exclusive jurisdiction of the state and federal courts located within New York County, New York for litigating all such matters and (b) waive all objections to the exercise of jurisdiction over you by those courts and to venue in those courts.
A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
If any provision of these Terms is determined to be unlawful or unenforceable, then that provision is severed from these Terms and the remaining provisions remain in full force.
ASSIGNMENT AND DELEGATION
You may not assign any right or delegate any obligation under these Terms. Any purported assignment or delegation in violation of these Terms is void. We may freely assign and right or delegation any obligation under these Terms without notice to you.
THE PARTIES’ RELATIONSHIP
No joint venture, partnership, employment, or agency relationship exists between Dig INN and you as a result of these Terms or use of the Services.
These Terms constitute the final and exclusive agreement between Dig INN and you relating to the subject matter of these Terms and supersede all previous communications, understandings, and agreements, whether oral or written, between the parties with respect to that subject matter.
CLAIMS OF COPYRIGHT INFRINGEMENT
Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Services; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.
Notices and counter-notices should be sent to [email protected]
There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.