LEGAL NOTICES:

These Terms of Use (“Terms”) apply to Nando’s Italian Kitchen websites on which we have posted these Terms, including online, in-restaurant, if applicable, mobile, or social locations (collectively, the "Website(s)"). The website(s) are owned and operated by Nando’s Italian Kitchen and/or affiliates (NIKA).  Throughout the website(s) the terms "we," "us" and "our" refer to NIKA.  NIKA offers the website(s), including all information, tools and services available from the website(s), to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. Your use of a website constitutes your agreement to these Terms, Conditions and Policies.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

Accuracy, Completeness and Timeliness of the website(s): NIKA is not responsible if information made available on the website(s) is not accurate, complete, or current. The material on the website(s) is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the website(s) is at your own risk. The website(s) may contain certain outdated or past information. Outdated or past information is not necessarily current and is provided for reference only. We reserve the right to change, modify or delete the contents or any part of the website(s) at any time, but we have no obligation to update any information on the website(s). You agree that it is your (the users) responsibility to monitor changes to the website.

Communications: NIKA communications will be conducted through many channels, including but not limited to, in-restaurant devices (if applicable), the website(s), email, and text messages. If you provide NIKA with your mobile telephone number for promotional purposes, you agree that NIKA may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Recurring messaging and frequency may vary.  Message and data rates may apply.  See Privacy Notice for privacy related questions. If you sign-up for additional mobile programs in connection with NIKA you may receive additional messages in connection with such program.

Materials and/or Information You Submit: You acknowledge that you are responsible for any material you may submit via the website(s) (including any components of the website(s) administered by third parties, such as tools that allow you to interact with the website(s) or through other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the website(s) any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the website(s).

If you do submit material, and unless we indicate otherwise, you grant NIKA an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that NIKA is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to NIKA. You grant NIKA the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify NIKA for all claims resulting from content you supply.

Conduct on the Website(s): Some features that may be available on the website(s) require registration. By registering at and in consideration of your use of the website(s), you agree to provide true, accurate, current and complete information about yourself and agree to our Privacy Notice.

Some features on the website(s) may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify NIKA immediately. NIKA may assume that any communications NIKA receives under your password have been made by you unless NIKA receives notice otherwise. You or third parties acting on your behalf are not allowed to frame the website(s) or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the website(s) without NIKA’s express written consent. Furthermore, you may not utilize any website content in any meta tags or any other "hidden text" techniques or technologies without NIKA’s expressed written consent.

Links (Hyperlinks): The website(s) may contain links to other websites, some of which are operated by NIKA and others of which are operated by third parties. These links are provided as a convenience to you and to provide access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites (this includes all third party and beyond). Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. NIKA is not responsible for any losses, damages or other liabilities incurred as a result of your use of any links and/or linked sites.

Content: Website content is produced with limited research from resources available to us.  This website is written and produced for informational purposes only. Nutritional data on this site has not been evaluated or approved by a nutritionist or the Food and Drug Administration. Nutritional information is offered as a courtesy and should not be construed as a guarantee. The data is calculated through online nutritional calculators. Although our best has been done to provide accurate nutritional information, these figures should be considered estimates only. Varying factors such as product types or brands purchased, natural fluctuations in fresh produce, and the way ingredients are processed change the effective nutritional information in any given recipe. Furthermore, different online calculators provide different results depending on their own nutrition fact sources and algorithms. To obtain the most accurate nutritional information in a given recipe, you should calculate the nutritional information with the actual ingredients used in your recipe, using your preferred nutrition calculator.  Product images may be stock photos merely to produce the effect or likeness of the product being offered.

Trademarks and Copyrights: Trademarks, logos and service marks displayed on the website(s) are registered and unregistered trademarks of NIKA, its licensors or content providers, or other third parties. All these trademarks, logos and service marks are the property of their respective owners. Nothing on the website(s) shall be construed as granting, by implication, abatable, or otherwise, any license or right to use any trademark, logo or service mark displayed on the website(s) without the owner's prior written permission, except as otherwise described herein. NIKA reserves all rights not expressly granted in and to the website(s) and their content. The website(s) and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries, where applicable.

Infringement Notice: We respect the intellectual property rights of others and request that you do the same. You are hereby informed that NIKA has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of NIKA’s system or network who are repeat copyright infringers.
DISCLAIMERS

YOUR USE OF THE WEBSITE(S) IS AT YOUR SOLE RISK. THE WEBSITE(S) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE(S) OR ANY FEATURE OR PART THEREOF AT ANY TIME. NIKA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE(S) WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE(S) WILL BE SECURE; THAT THE WEBSITE(S) OR THE SERVER THAT MAKES THE WEBSITE(S) AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE(S) WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEBSITE(S), YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIKA OR THROUGH OR FROM THE WEBSITE(S) SHALL CREATE ANY WARRANTY OF ANY KIND. NIKA DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE(S) IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE(S). YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE(S) MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE(S) IS AT YOUR OWN RISK AND THAT THE WEBSITE(S) ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NIKA NOR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE(S), OR ANY OTHER WEBSITES YOU ACCESS THROUGH A LINK FROM THE WEBSITE(S) OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE(S), OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE(S), NIKA'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE(S), WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NIKA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NIKA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE(S). YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COMPANY IS TO DISCONTINUE YOUR USE OF THE WEBSITE(S).

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nando’s Italian Kitchen, affiliates, owner(s) and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the website(s) and any violation of these Terms of Use. If you cause a technical disruption of the website(s) or the systems transmitting the website(s) to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Nando’s Italian Kitchen and affiliates reserve the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Nando’s Italian Kitchen in the defense of such matter.

JURISDICTION AND APPLICABLE LAW

The laws of the State of Washington govern these Terms of Use and your use of the website(s), and you irrevocably consent to the jurisdiction of the courts located in King County for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the website(s) from any jurisdiction in the world, but we have no practical ability to prevent such access. The website(s) have been designed to comply with the laws of the State of Washington and of the United States. If any material on the website(s), or your use of the website(s), is contrary to the laws of the place where you are when you access it, the website(s) are not intended for you, and we ask you not to use the website(s). You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

DISPUTES

You agree that by entering into these Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action.

Any and all disputes NIKA or you has relating in any way to your relationship with NIKA (including without limitation with respect to your transactions with NIKA, NIKA's advertisements and disclosures, email and mobile SMS (text) messages NIKA sends to you, or the use or disclosure of any information about you), these Terms, privacy notices, or terms of use, will be submitted to confidential arbitration in the federal judicial district in which you reside, except to the extent that you have, in any way, violated or threatened to violate any NIKA intellectual property right. Program claims include claims based on contract, tort (including intentional tort), fraud, agency, yours or NIKA’s negligence, statutory or regulatory provisions, or any other source of law.

If you intend to seek arbitration must first send to NIKA, by certified mail, a written Notice of Dispute ("Notice"). The Notice to NIKA should be mailed to:

Nando's Italian Kitchen
Attn: Legal
PO Box 1229
Maple Valley WA 98038 1229

All arbitrations required by these Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to claims is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Company and You agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

For arbitration claims you assert against NIKA in accordance with this section (but not for any arbitration claim against you) NIKA will pay all of your administrative, hearing, and arbitrator's fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, NIKA will pay its, and you will pay your, lawyers', experts', and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against company in any court, or in arbitration, with respect to any program claims. This section (confidential arbitration) will survive the termination of the relationship between you and NIKA.

NIKA or you may seek injunctive relief only in any state or federal court in King County, Washington, USA, and NIKA and you consent to the exclusive jurisdiction and venue in the state and federal courts in King County, Washington USA for injunctive relief purposes. The arbitrator shall have no authority to issue injunctive relief.

Notwithstanding anything to the contrary in these Terms, under no circumstances is company liable for any incidental, indirect, special, punitive, exemplary, or consequential damages.

CHANGES TO THESE TERMS OF USE

Nando’s Italian Kitchen reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the relevant website(s). There is no duty on Nando’s Italian Kitchen to send you additional methods of notice of changes. It is your responsibility to check periodically for any changes we make to the Terms. Your continued use of the website(s) after that point signifies that you accept the changes.

ENTIRE AGREEMENT AND ADMISSIBILITY

This agreement and any policies or operating rules posted on the website(s) constitute the entire agreement and understanding between you and Nando’s Italian Kitchen with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website(s) to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

SEVERABILITY

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

HOW TO CONTACT US

If you have any questions or comments about these Terms or the website(s), please contact us by emailing info@nandositaliankitchen.com.

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Effective:  October 10, 2021