TERMS OF USE
We are so glad you are joining us on-line at the P.F.
Chang’s China Bistro Inc., Pei Wei Asian
Diner, Inc. and Taneko Japanese Tavern Inc. website (“Website”) and thank you for reviewing our
Terms of Use. We hope that you will join
us for lunch or dinner soon. PFCCB
Administration, Inc. dba P.F. Chang’s China Bistro, Pei Wei Asian Diner, and Taneko Japanese
Tavern,
hereinafter referred to as “PFCCB,” makes this Website, including all
information, documents, communications, files, text, graphics, and audio/visual
files (collectively, the “Materials”) available for your use subject to the
Terms of Use set forth in this document.
The Terms of Use spell out what you can expect
from us and what we expect from you.
1.
Acceptance of Terms of Use and Non-Transferability.
By using this Website, you accept and agree to all
terms, conditions and notices contained or referenced on the Website (“Terms of
Use”). Please read these following Terms
of Use carefully. If you do not agree to
the Terms of Use, do not use this Website. By accessing, using, or
downloading in any way, without limitation, any Materials from this Website or
merely browsing this Website, you agree to and are bound by these Terms of Use.
PFCCB reserves
the right to change the Terms of Use at any time, without prior notice to any
Website visitor (“User”), so we suggest that you review the current Terms of
Use at the start of each visit to the Website.
If you breach any of the Terms of Use, your authorization to use this
Website automatically terminates. A
User’s right to use this Website is not transferable.
2.
Intellectual Property Rights.
A. Copyright
Information and Personal & Non-Commercial Use Limitation.
All
Materials and the compilation of all content included on this Website are owned
or licensed by PFCCB and protected by
You
have been granted a license to view and use the Materials subject to these
Terms of Use. Unless otherwise
specified, the Materials on this Website are for your personal and
non-commercial use. You may not sell or
modify Materials or reproduce, display publicly or otherwise use the Materials
in any way for any public or commercial purpose. Permission to reprint or electronically
reproduce any document or graphic, in whole or in part, for any other purpose
is expressly prohibited without prior written consent from PFCCB. Users may not provide copyrighted or other
proprietary information to PFCCB without permission from the owner of such
material or rights. Users are solely
responsible for obtaining such permission and for any damages resulting from
unauthorized disclosures or infringement.
B. Notice and Procedure for
Making Claims under the Digital Millennium Copyright Act.
The
Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners
who believe that their rights under the United States Copyright Act have been
infringed by acts of third parties over the Internet. If you believe that your copyrighted work has
been copied without your authorization and is available on this Website in a
way that may constitute copyright infringement, you may provide notice of your
claim to PFCCB’s Designated Agent listed below.
For your notice to be effective, it must include the following
information:
(1) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed;
(2) A description of
the copyrighted work that you claim has been infringed upon;
(3) A description of where
the material that you claim is infringing is located on this Website;
(4) Information reasonably sufficient to permit the
service provider to contact the complaining party, such as address, telephone
number, and, if available, an e-mail address at which the complaining party may
be contacted;
(5) A statement by you that
you have a good-faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; and
(6) A statement that the information in the
notification is accurate and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
PFCCB’s Designated Agent is:
P.F. Chang’s China Bistro,
Inc. and Pei Wei Asian Diner
Attn: Chief
Legal Officer
Fax: (480) 888-3002
The
Designated Agent should be contacted only if you believe that your work has
been used or copied in a way that constitutes copyright infringement and such
infringement is occurring on this Website. All other inquires to the Designated Agent will
not be answered.
C. Trademarks.
PFCCB owns trademarks for its many goods and services, including
without limitation, P.F. Chang’s™, P.F. Chang’s China Bistro®, Pei Wei®, Pei
Wei Asian Diner®, and Taneko Japanese Tavern™.
These and other P.F. Chang’s, Pei Wei, and Taneko Japanese Tavern
graphics, logos and service marks are trademarks of PFCCB and may not be used
without prior written consent of PFCCB.
All other trademarks, product names, and company names and logos
appearing on the Website are the property of their respective owners.
D. Ideas and Inventions.
All
comments, feedback, suggestions, ideas, and other submissions (“Ideas”)
disclosed, submitted, or offered to PFCCB in connection with your use of this
website shall be the exclusive property of PFCCB. User agrees that unless otherwise prohibited
by law PFCCB may use, sell, exploit and disclose the Ideas in any manner, without
restriction and without compensation to User.
E.
Linking.
3.
Privacy and Protection of Personal Information.
PFCCB
respects the privacy of visitors to our Website. Please see PFCCB’s Privacy Policy relating to the collection and
use of your information. User
acknowledges and agrees that this Privacy Policy, including but not limited to
the manner in which PFCCB collects, uses and discloses User’s personally
identifiable information, is incorporated and made part of these Terms of
Use. If User does not agree to each and
every part of PFCCB’s Privacy Policy, then User should not use the Website or
submit any personally identifiable information through this Website. Questions regarding privacy issues should be
directed to PFCCB via e-mail at Privacy@pfcb.com.
4.
Disclaimer of Warranties and Limitation of Liability.
User expressly agrees
that use of the Website and service is at User’s sole risk. Neither PFCCB,
nor its affiliates, nor any of their officers, directors, or employees, agents,
third-party content providers, merchants, sponsors, licensors (collectively,
“Providers”), or the like, warrant that websites affiliated with PFCCB, including but not limited to this Website, will be
uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard
loggers, spyware, adware, malware, harmful or malicious code, or other
defects. The information, products and
services published on this Website may contain inaccuracies or typographical
errors. The Providers make no warranty
as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of
any information content, service, or merchandise provided through the Website. From time
to time the prices of our food in our restaurants may be higher or lower than
those prices on this Website. In that event,
the prices on our menus at each restaurant location will govern the price you
will pay.
A. Disclaimer of Warranties.
THIS WEBSITE IS PROVIDED BY PFCCB ON AN “AS IS” AND “AS AVAILABLE”
BASIS. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, PFCCB AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
PFCCB AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY
OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH
THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR
PRODUCTS, INCLUDED ON THIS WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
B. Limitation
of Liability.
PFCCB AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PFCCB.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT PFCCB AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF PFCCB OR
ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS
PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY
RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT
RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL,
ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR
TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS
OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PFCCB
RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PFCCB AND THE PROVIDERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE
WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL
APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PFCCB
GOODS OR SERVICES, FROM INABILITY TO USE THE PFCCB GOODS OR SERVICES, OR FROM THE INTERRUPTION,
SUSPENSION, OR TERMINATION OF THE PFCCB SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
If you are dissatisfied with any
portion of the Website, your sole and exclusive remedy is to discontinue your
use of this Website.
5.
Third Party Links.
This
Website contains several links to other websites and may forward users to other
websites within the same Internet browser window. These websites are not under the control of PFCCB, and the existence of
a link on the Website does not imply any
endorsement of the linked websites by PFCCB or
any affiliation between PFCCB and the owners
of the linked websites. PFCCB makes no warranties or representations, and disclaims all
liability, relating to the accuracy, content, terms of use, privacy
policies, products, services, legality, reliability, viewpoint, accuracy, currency,
decency, or any other aspect of the linked Websites. You agree that PFCCB has no responsibility to you with respect to such
material. PFCCB encourages you to
examine the privacy policies and/or terms of use policies of any third party
website.
6.
Online Conduct.
The User agrees
to use the Website and any e-mail services provided through this Website only
for lawful purposes. Unacceptable uses
of the Website include without limitation: (i) engaging in any illegal activity
or the planning of any illegal activity; (ii) disseminating or transmitting
statements or material that, to a reasonable person, may be abusive, obscene,
pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or
malicious; (iii) creating, disseminating or transmitting files, graphics,
software or other material that actually or potentially infringes the copyright,
trademark, patent, trade secret, publicity or other intellectual property
rights of any person; (iv) creating a false identity or otherwise attempting to
mislead any person as to the identity or origin of any communication;
(v) exporting, re-exporting or permitting the downloading of any message,
software or content in violation of any export or import law, regulation or
restriction of the United States and its agencies or authorities, or without
all required approvals, licenses or exemptions; (vi) interfering, disrupting or
attempting to gain unauthorized access to other accounts on the Website or any
other computer network; (vii) disseminating or transmitting
viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware,
adware, cancelbots or any other malicious or invasive code or program; or
(viii) engaging in any other activity deemed by PFCCB to be in conflict
with the spirit or intent of this Website.
7.
Termination.
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by
discontinuing use of the Website and destroying all Materials obtained from
this Website and all copies thereof, whether made under these Terms of Use or
otherwise. Your access to the Website
may be terminated immediately without notice from PFCCB if in our sole
discretion you fail to comply with any term or provision of these Terms of
Use. Upon termination, you must cease
use of the Website and destroy all Materials obtained from this Website and all
copies thereof, whether made under these Terms of Use or otherwise.
8.
International Users.
The
Website can be accessed from locations around the world. PFCCB makes no representations that this
Website or the Materials available through it are appropriate for use at other
locations outside the
If you use this
Website, you are responsible for restricting access to your computer and
ensuring that your computer is free from all types of malicious code, spyware,
viruses, Trojans, etc. that may track any data you enter via this Website,
including e-mail address, credit card number, and other payment related
information.
PFCCB reserves
the right to monitor all network traffic to this Website to identify and/or
block unauthorized attempts or intrusions to upload or change information or
cause damage to this Website in any fashion.
Anyone using this Website expressly consents to such monitoring.
10.
Payment Verification.
PFCCB reserves
the right to refuse service or decline orders for any reason. Accordingly, PFCCB may request written
verification and proof of a user’s identity by supplying us with a copy of government
issued photo identification at its sole discretion.
11.
Risk of Loss.
All items purchased from the Website, including but not limited to gift
cards, are made pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier. If the gift card is not received by the
intended recipient and the balance on the card is equal to the original
purchase price, PFCCB can replace the gift card upon request. PFCCB reserves the right to charge a
replacement fee and/or shipping costs for replacement card(s).
12.
Arbitration.
Any dispute relating in any way to your visit to Website shall be
submitted to confidential arbitration in Phoenix, Arizona, except that, to the
extent you have in any manner violated or threatened to violate PFCCB intellectual
property rights, PFCCB may seek injunctive, equitable, or other appropriate
relief in any state or federal court and the User consents to exclusive
jurisdiction and venue in the states and federal courts in the State of Arizona. Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association (www.adr.org). The arbitrator’s award, including attorneys’
fees, shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Terms of Use or
Privacy Policy shall be joined to an arbitration involving any other party
subject to these Terms of Use or Privacy Policy, whether through class arbitration
proceedings or otherwise.
13.
Applicable Law/Jurisdiction.
This Website is hosted by PFCCB
in the State of
14.
Waiver/Severability.
The failure of PFCCB to require or enforce
strict performance by User of any provision of these Terms of Use or to
exercise any right under them shall not be construed as a waiver or relinquishment
of PFCCB’s right to assert or rely upon any
such provision or right in that or any other instance.
The provisions
of these Terms of Use are intended to be severable. If for any reason any provision of these
Terms of Use shall be held invalid or unenforceable in whole or in part by any
court of competent jurisdiction, such provision shall, as to such jurisdiction,
be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or
enforceability thereof in any other manner or jurisdiction and without
affecting the remaining provisions of the Terms of Use, which shall continue to
be in full force and effect.
You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Website, Terms of Use, or Privacy Policy must be filed
within ONE (1) YEAR after such claim or cause of action arose or be forever
barred.
16.
Entire Agreement.
These Terms of Use constitute the
entire agreement between the User and PFCCB with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use
or Privacy Policy will be effective only if in writing and signed by PFCCB.
The section titles in the TERMS OF USE are for convenience only and
have no legal or contractual effect.
Date Last Modified:
July 14, 2006.
These Terms of Use may be changed at any time, without
prior notice.