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Terms of Use

Last Revised: August 2, 2014

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE:

This website www.furrs.net (the “Site”) is owned and operated by Fresh Acquisitions, LLC (“Fresh Acquisitions”). These terms of use (these “Terms of Use”) govern your access to and use of the Site. If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site. If you use the Site in any manner whatsoever, your use will be deemed to be acceptance of the Terms of Use.

Changes
Fresh Acquisitions may, at any time, for any reason and without notice, make changes to these Terms of Use. Any modifications will take effect when posted to the Site. Therefore, each time you access the Site, you should note the date the Terms of Use were last revised. If you do not or cannot agree to the amended terms, your only option is to cease all use and access of the Site.

Local Compliance
If the Site Content (as defined below), including its products and services, is contrary to local laws or regulations, you are not authorized to access or use the Site. Fresh Acquisitions makes no representation that the content on the Site is appropriate or that its products or services are available outside of the United States. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. The Site may contain references to products, items and services that are not announced or available in your local area. Such references do not imply that Fresh Acquisitions intends to announce such products, items or services in your area.

“Site Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages or other material that is displayed, used or otherwise incorporated into the Site.

License to Use
Fresh Acquisitions grants you a personal, non-exclusive, non-transferable license to access and use the Site Content for your personal, informational, non-commercial use.

You may not:

(i) Remove any trademarks, copyright notices or any other notice contained in any Site Content;

(ii) Reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Site Content;

(iii) Frame or utilize framing techniques to enclose any Site Content;

(iv) Disassemble, decompile or reverse engineer any of the Site Content;

(v) Attempt to hack any portion of the Site, or to defeat or overcome any encryption technology or security measures implemented by Fresh Acquisitions;

(vi) Interfere with or disrupt the operation of the Site or the servers or networks connected to, or operated in connection with, the Site; or

(vii) Violate any applicable local, state, national or international law.

Intellectual Property
For your convenience, Fresh Acquisitions may provide links to various other websites that may be of interest to you. However, Fresh Acquisitions does not control or endorse such websites and is not responsible for their content, nor is it responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained within such websites.

Feedback
Any information or material sent to Fresh Acquisitions will be deemed NOT to be confidential. By sending Fresh Acquisitions any information or material, you grant Fresh Acquisitions an unrestricted, perpetual, irrevocable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of those materials or information.

Product Information
Fresh Acquisitions attempts to provide nutrition and ingredient information about its products that is as complete as possible. While the nutrition and ingredient information contained on the Site is based on standard product formulations, variations may occur depending on the local supplier, the region of the country, the season of the year, assembly at each restaurant and other factors. Actual portion size and nutritional values may vary if dining at a buffet. Further, product formulations may change periodically, at Fresh Acquisitions’ discretion.

Some menu items may not be available at all restaurants. No products are certified as vegetarian, and products may contain trace amounts of ingredients derived from animals.

No Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FRESH ACQUISITIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF OR RELIANCE ON ANY SUCH MATERIAL.

Governing Law, Forum
These Terms of Use shall be governed in all respects by the laws of the State of Texas, without reference to its choice of law rules. Any lawsuit concerning these Terms of Use or the Site shall be brought only in the courts located in Dallas, Texas, and you expressly consent to the personal jurisdiction and venue of such courts, and waive all objections thereto.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FRESH ACQUISITIONS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FRESH ACQUISITIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE. SOME STATES DO NOT ALLOW LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Indemnity
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FRESH ACQUISITIONS, ITS PAST, PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES, MARKETING PARTNERS AND SUPPLIERS, TOGETHER WITH THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES, RESULTING FROM, OR ALLEGED TO RESULT FROM, YOUR VIOLATION OF THESE TERMS OF USE. WITHOUT LIMITING THE FOREGOING, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FRESH ACQUISITIONS HARMLESS FROM ANY COSTS OR EXPENSES THAT FRESH ACQUISITIONS MAY SUSTAIN, AS A RESULT OF THE PRIVACY, DATA TRANSFER AND DATA PROTECTION LAWS OF THE UNITED STATES OR ANY OTHER COUNTRY, WITH RESPECT TO ANY SITE CONTENT.

Assignability; Severability
Fresh Acquisitions may assign these Terms of Use and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of Fresh Acquisitions or the sale of substantially all of Fresh Acquisitions’ assets related to the Site, to the surviving or successor entity. You may not assign these Terms of Use or the rights and obligations hereunder without the prior written consent of Fresh Acquisitions. If any provision of these Terms of Use shall be determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms of Use shall not be affected thereby and shall remain in force and effect.

Termination
Fresh Acquisitions reserves the right to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice. Sections 4 and 8-13 shall survive any termination of these Terms of Use.

Privacy Policy

Last Revised: August 2, 2014

This is the Privacy Policy for the website located at www.furrs.net (the “Site”), which is operated by Fresh Acquisitions, LLC (together, “Fresh Acquisitions” or “We”). Your right to online privacy is very important. We recognize that when you choose to provide us with information about yourself using our website, you trust us to act in a responsible manner. This Privacy Policy explains the manner in which the Site collects personal data from you and the purpose for that collection. By visiting the Site or submitting your personal data, you accept the terms described in this Privacy Policy.
From time to time, we may modify this Policy. If it becomes necessary to make changes to this Privacy Policy, such changes will be indicated on the Site.

Information Collection
Fresh Acquisitions does not collect information about you as a requirement to navigate the Site. However, we collect personally identifiable information, like names, postal addresses, email addresses, phone numbers, gender, number of children, birth dates, etc., when voluntarily submitted by our visitors when registering for the email club.

We also collect payment information, like credit card numbers, when voluntarily submitted by visitors that purchase items from the Site, such as gift cards.

We do not knowingly collect personal information from children under the age of 13.

How We Use Your Information
We may use your personal information for the purpose for which you specifically provided the personal data; for example, to respond to a request to contact you, complete a survey, enter a contest, fulfill a request for a coupon or process membership in our email club.

When you sign up for our email club, we use your personal information to notify you about our menu changes, products, services and promotions. When you order a gift card, we use your personal information and credit card information for payment and shipping purposes.

We may use your personal information internally to enhance existing features of the Site or develop new features, products or services. For example, information you submit when completing a survey may be used by Fresh Acquisitions to improve our delivery of restaurant services. We may combine or aggregate the information that we collect from you on the Site with information that we collect from third parties.

Access to the Information
Corporate affiliates of Fresh Acquisitions, and authorized employees, agents and service providers acting on behalf of Fresh Acquisitions, may have access to the personally identifiable information provided by you.

We share your information with our email service provider to facilitate email delivery of information to members of our email club about our products, services, special offers and contests. The personal information provided to our email service provider is not shared with other third parties for marketing purposes.

We use a payment service provider to gather and process the personal information and payment information you provide when you buy a gift card. The payment service provider may use your personal data and credit card information to complete your gift card order, and for no other purpose.

There may also be occasion for Fresh Acquisitions to disclose your personal data to third parties if it believes, in its sole discretion, that such disclosure is required by law, to enforce its other agreements or this Privacy Policy, or in connection with a sale or transfer of some or all of Fresh Acquisitions or its assets.

Anonymous Information
Your visit may automatically provide us and our website hosting partner with anonymous data that is not linked to your personal information, such as your Internet Protocol (IP) address, browser type, operating system, domain name, access times, usage and traffic path. We use this anonymous data to obtain general statistics regarding the use of the Site, to evaluate how our visitors use and navigate the Site on an aggregate basis, for promotional purposes and as a representative audience for advertisers.

The Site also uses “cookies.” Cookies are small pieces of information that the Site places on your computer’s hard drive. Most web browsers automatically accept cookies, but if you prefer, you can modify your web browser settings to block cookies in the future.

Links to Other Websites
We may make content or services from other websites, including our affiliated or co-branded websites, available to you from links located on this Site. These other websites are not subject to this Privacy Policy. We recommend that you review the privacy policy at each such website to determine how that site protects your privacy.

Choice and Access
You may ask questions about the data you have submitted through the Site, or let us know that you wish to modify or remove your personal information, by contacting us by emailing Fresh Acquisitions at webmaster@furrs.net. You can notify us that you do not wish to receive messages about our products, services and special offers by following the opt-out instructions provided on each email.