Buona Beef LLC (“Buona”, “we,” or
“us”) welcomes you to use our websites (“Websites”), mobile application
(“App”), Text Program, Buona Rewards Program and its Terms and Conditions,
third party messaging platforms, ordering and online services or programs (collectively
“Services”). Before you use our Services, create an account, download
the App, or use any other tools, please read the following rules and understand
that when you use the Services, i you agree to follow the terms and conditions
outlined below (the “Terms of Use”), and that the Terms of Use are a
legal and binding agreement between you and Buona.
By accessing or using the
Services, you agree that you have read and accept these Terms of Use (including
the Text (SMS) Messaging Terms below and the Privacy Policy and Buona
Rewards Program Terms and Conditions (as applicable) all of which are
incorporated herein (and may be referred to collectively as the “Buona Terms”),
and you voluntarily consent to the collection and use of your information
described herein and in the Privacy Policy. Use of the Services, even if
you disagree with or do not understand these Terms of Use, nonetheless
constitutes acceptance of these Terms of Use, the Privacy Policy, and Buona Rewards
Program Terms & Conditions (as applicable). Do not use the Services
if you do not agree to be bound by these Terms of Use, the Privacy Policy, and Buona
Rewards Program Terms & Conditions (as applicable) (collectively may be
referred to as the “Buona Terms”).
ARBITRATION NOTICE: BY USING OUR SERVICES, YOU AGREE THAT
DISPUTES BETWEEN YOU AND BUONA ARISING OR RELATING TO THE SERVICES OR ANY
ELEMENT THEREOF WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU
WAIVE YOUR RIGHT TO PARTICIPATE IN A JURY TRIAL, CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION. SEE DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS
ACTION WAIVER.
MODIFICATIONS TO THE TERMS OF USE
From time to time, these Terms of Use or any element thereof may change in Buona’s
sole discretion, and any changes are effective immediately. Any changes will be
posted to our Websites within seven (7)
days of the effective date of the change(s). Your continued use of the
Services indicates your acceptance of the revised Terms of Use. You
should periodically review the Terms of Use to stay informed as to any
revisions that may be applicable to your use of the Services.
ELIGIBILITY
All legal residents of the 50
United States of America and Washington, D.C. who are 13 years of age or older
may open a Buona Rewards Program account. A Buona Rewards Program account is
intended for personal use only. Commercial use is prohibited. Buona Rewards
Program accounts are not targeted toward, nor intended for use by, anyone under
the age of 13.
PRIVACY POLICY
Your privacy is important to us. The information we collect about you is
subject to our Privacy Policy, the terms of which constitute part of these
Terms of Use and are incorporated herein. We encourage you to read our
Privacy Policy to become familiar with its terms.
YOUR USE OF SERVICES
Buona grants you permission to
use the Services in compliance with these Terms of Use for your own personal,
non-commercial purposes only. You have no right, title, or interest in
any Services, Trademarks (defined below), Buona Content (defined below), or
materials you download from the Websites. You may NOT reproduce, create
derivatives, distribute, change, display, re-create, publish, re-post, transmit
or sell the Services or any materials contained therein without the prior
written permission of Buona, which permission may be withheld in Buona’s sole
discretion. Any unauthorized use of the Services may violate these Terms
of Use and result, among other things, in you no longer being permitted to use
the Services.
You will have to create a Buona
Rewards Program account in order to access some features of the Services. When
creating an account, you must provide accurate and complete information. You
are solely responsible for all activity that occurs on your account, and you
must keep your account password secure. You may never use another’s account
without permission. Buona may update your telephone number or other information
associated with your account, as provided by you. However, maintaining accurate
account information remains, at all times, your and not Buona’s responsibility.
Buona will not be liable for any losses caused directly or indirectly by any
unauthorized use of your account, but you may be liable for Buona’s or others’
losses due to such unauthorized use.
You may not or attempt in any way
to use any hardware or software intended to damage or interfere with the proper
working of the Services or to surreptitiously intercept any system, data or
personal information from the Services. You agree not to interrupt or attempt
to interrupt the operation of the Services in any way. You understand
that engaging in this or any similar behavior may subject you to criminal
and/or civil liability without limitation. Buona reserves the right, in its
sole discretion, to limit or terminate your access to or use of the Services at
any time for any reason without notice, and Buona will have no liability for
such decision. Termination of your access or use will not waive or affect any
other right or relief to which Buona or any of its affiliates may be entitled
at law or in equity.
BUONA’S PROPERTY
The Services contain many valuable intellectual property including all patents,
copyrights and trademarks owned, licensed and used by Buona (collectively
referred to as “Trademarks”). These Trademarks distinguish Buona, its products
and Services. The Trademarks, and all photographs, illustrations, designs,
icons, logos, text, graphics, and html code and all other similar materials and
content contained on this Website, in the App, and throughout the Services are
the exclusive property of Buona (“Buona Content”). Buona’s Content is protected
from reproduction and simulation under several international, federal, state,
and local laws (“Laws”) and, except where otherwise noted, is not to be used,
copied, distributed, displayed, reproduced, or transmitted in any form, by any
means, without Buona’s prior express written consent, which may be withheld in
its discretion. Any unauthorized use of the Buona’s Content, may violate
without limitation all applicable Laws, these Terms of Use, as well as laws of
privacy and publicity, and communications regulations and statutes.
If you are an owner of
intellectual property who believes your intellectual property has been
improperly posted or distributed through the Services, please notify Buona
immediately at the following address: 7075 Veteran’s Blvd., Burr Ridge, IL
60527. Attention: Legal Department.
YOUR COMMUNICATIONS WITH BUONA
Buona appreciates appropriate feedback from our guests and visitors who use our
Services. Please be aware that anything you transmit or post, including
but not limited to suggestions, know-how, techniques, concepts, ideas,
promotion, sweepstakes, contest entries, and other submissions (collectively
“Comments”), become the sole property of Buona. Buona (and its authorized
third parties) are free to use or not to use the Comments for any purpose
whatsoever and we may use them in modified, altered, condensed or composite
format in whole or in part, and without any compensation or attribution to you.
Submission of any such Comments constitutes your consent to all such use.
Except as governed by our Privacy Policy, any Comments, communication or
material you transmit to Buona by electronic mail or otherwise, including any
data, questions or answers, comments, and suggestions is, and will be treated
as, non-confidential and non-proprietary. You represent that Comments you
submit to Buona do not contain libelous, unlawful, abusive, or obscene
material, and any use of Comments by Buona or any other party as provided
herein will not give rise to any third party claim including, but not limited
to infringement of an intellectual property or proprietary right or invasion of
privacy or publicity. You agree that you are solely and completely responsible
for any Comments you submit and all content therein, and agree to release,
indemnify and hold us harmless therefrom.
DISCLAIMER
Buona strives to make sure the
information provided related to the Services is accurate and complete, but
sometimes errors may occur. Your use and browsing of the Services is
at your own risk. We make no representations or warranties that your use
of the Services or any third party websites or links from our Services will
allow you to obtain any particular results.
THE BUONA WEBSITES, SERVICES
AND ALL BUONA CONTENT THEREIN ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE”
BASIS, AND BUONA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, BUONA DOES NOT GUARANTEE
THAT ITS WEBSITES, SERVICES OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE
CORRECTED. WE DO NOT WARRANT YOUR SATISFACTION WITH OUR WEBSITES, SERVICES OR
CONTENT, AND DO NOT WARRANT OR REPRESENT COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF ANY OF THE AFOREMENTIONED,
AND BUONA MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE ANY OF THE
AFOREMENTIONED. THE FOREGOING DOES NOT APPLY TO THE EXTENT PROHIBITED BY
APPLICABLE LAW.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify,
defend, and hold harmless Buona and all of its affiliates, providers, officers,
directors, members, employees, and agents from and against any and all alleged
or actual claims, suits, demands, proceedings, damages, losses, costs
(including reasonable attorney’s fees), liabilities, costs, fees and expenses
arising at any time directly or indirectly out of or from your breach of any of
these Terms of Use, or any other Buona Terms, any activity related to your
account (including negligent or wrongful conduct) by you or any other person
accessing your account, your use of (or inability to use) the Services your use
or submission of any Content or Comments, and your (or any other persons) use
of any other materials, content, features, or services made available through
the Services.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL
BUONA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE SERVICES, WEBSITES, CONTENT, COMMENTS OR ANY OF THE BUONA
TERMS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY
PARTICIPATING IN OR USING ANY OF THE BUONA SERVICES, WEBSITES, ACCOUNTS, THE BUONA
TERMS, CARDS AND/OR ANY REWARD, YOU AGREE THAT BUONA HAS NO RESPONSIBILITY OR
LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY EXPENSE,
FEES (INCLUDING ATTORNEY FEES), LOSS, COST, INJURY, DAMAGE, LIABIITIES OR ANY
OTHER MATTER OR THING WHATSOEVER, HOWEVER SUFFERED OR CAUSED AT ANY TIME,
DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO ANY OF THE AFOREMENTIONED.
THE FOREGOING DO NOT APPLY
TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN THAT EVENT, BUONA’S TOTAL
LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, IN CONTRACT,
TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE,
SHALL NOT EXCEED $100.
HYPERLINKS
The Services may link to websites and content not maintained or related to Buona.
Buona has not reviewed all of the websites that have linked themselves to the
Services and is not responsible for the contents of any non-Buona pages,
websites, or any other sites linked to the Services. The inclusion of any link
to such websites does not imply that Buona endorses or supports the websites.
Clicking or accessing any other off-site pages or other websites is at your own
risk. Buona does not allow the unauthorized use of its logos, trademarks, or
other graphics to create links to third party sites.
Text (SMS) Messaging Terms
Buona may offer programs that
involve the use of text messaging (either sending or receiving) to communicate
with you, including but not limited to sending you promotional and marketing
text communications, including texts relating to Buona Rewards Program from Buona
(collectively “Text Program”). To participate in the Text Program you must be
the mobile phone account holder and at least 13 years of age or have a parent
or guardian’s permission in order to participate. We may amend the Text
SMS Messaging Terms and modify or cancel our Text Program or any of the
respective terms, short codes, or features without notice.
If you would like to voluntarily
participate in any of our Text Program, then you must opt-in to receive text
messages. You may need to confirm your consent by following the instructions
contained in an initial text message we send. If you opt-in to our Text
Program, Buona may provide communications regarding promotional offers, Buona
Rewards Program including participation milestones, Rewards, and related offers
and promotions in connection with the Buona Rewards Program, restaurant
openings, new menu items, or other offers or promotions, including for
marketing purposes, with messages through your wireless provider to the mobile
phone number you provide. By opting-in you expressly acknowledge and agree that
you are voluntarily consenting to receive text messages from Buona and its
respective service providers (which may vary depending on the applicable Text
Program) in connection with our Text Program to which you opt-in.
You may obtain help or opt out of
our Text Program by (i) texting the keyword HELP to the short code 86278 for
help, or contact Buona support at rewards@buona.com or or (ii) to opt-out text
the keyword STOP to the short code 86278 to cancel. After texting STOP, you
will receive one additional message confirming that your request has been
processed.
Buona does not charge for its
Text Program, but you are responsible for all charges and fees associated with
text messaging that may be imposed by your mobile operator/carrier. Standard
message and data rates may apply. You can expect to receive recurring autodialed
marketing messages from Buona and its service providers. Message frequency will
vary.
Buona reserves the right to
remove you from our Text Program and database at our discretion. In the event
that you change or deactivate your mobile number it is your responsibility to
notify Buona support at mybuona@buona.com to have your number
removed. Buona will not be liable for any delays in the receipt of any text
messages or undelivered messages, or any violations of law caused by a carrier
network failure or malfunction. Our carrier policies require that we specify
that our carrier, also, will not be liable for any delays in the receipt of any
text messages or undelivered messages.
Data obtained from you in
connection with the Text Program may include your cell phone number, your
carrier’s name, the date, time and content of your messages and other
information you provide to Buona as part of the Services. We may use this
information to contact you and to provide the services you request from us, and
as further described in Buona’s Privacy Policy.
These Text (SMS) Messaging Terms
do not apply to order delivery notifications from delivery drivers, including
when using a third-party delivery service.
IN ADDITION TO ANY LIMITATIONS ON
OUR LIABILITY AS SET FORTH IN THE TERMS OF USE, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, BUONA IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR FAILED,
DELAYED, OR MISDIRECTED DELIVERY OF ANY INFORMATION SENT THROUGH ANY TEXT
PROGRAM, ANY ERRORS IN SUCH INFORMATION, AND/OR ANY ACTION YOU MAY OR MAY NOT
TAKE IN RELIANCE ON THE INFORMATION OR TEXT PROGRAM.
ONLINE ORDERS (ON WEBSITES AND APP)
Buona may make available to you the opportunity to place an online order
through the Services (via Website or App). These Terms of Use apply to
orders placed online. Minimum order amount subtotals may apply and delivery is
subject to availability . In addition, there may be limits on the dollar value
and number of orders that may be placed using the Services. Discounts,
coupons and other offers may not be able to be combined with online
ordering. Any applicable delivery fees, taxes and other amounts due in
connection with the Services will be identified when the order is placed. You
are responsible for providing billing information and a valid payment method
allowed by the Services when placing an order. Buona collects and uses
such information in accordance with Buona’s Privacy Policy. The Buona location
identified when you place your online order is responsible for fulfilling your
order and for any questions or other communications regarding your order.
Availability of merchandise and menu items may vary by participating location.
BUONA GIFT CARDS & PROMOTIONAL CARDS
Buona Gift Cards and promotional cards are issued by Valuetec Card Solutions
LLC (“Valuetec”) , a Tennessee limited liability company, and their use are
subject to the terms and conditions of such issuer. Valuetec is
authorized to issue Buona Gift Cards (and promotional cards) for sale by and
redemption at participating Buona locations in the United States. Valuetec
is solely responsible for the operation and maintenance of Buona gift card
program (including promotional cards), and Valuetec is the sole legal obligor
for all gift cards and promotional cards. Buona and its affiliates have
no liability, responsibility, or obligation for any Buona gift cards or
promotional cards. In addition to the indemnity obligations below, you
knowingly release and hold harmless Buona and its affiliates from and against
any and all liability or claims of any nature whatsoever arising in connection
with Buona gift cards or promotional cards.
TERMINATION AND REMEDIES
Buona reserves the right to
refuse to provide the Services to any person, and to terminate any user’s right
to access the Services at any time, in our sole discretion, without prior
notice. If you violate any of the Terms of Use, your permission to use the Services
automatically terminates. You agree that Buona will not be liable to you
or any third party for termination of your access to the Services as a result
of any violation of these Terms of Use.
GOVERNING LAW AND JURISDICTION
These Terms of Use are governed
by United States law and are subject to all applicable federal, state, and
local laws and regulations. All issues and questions concerning the
construction, validity, interpretation, and enforceability of these Terms of Use,
Buona Rewards Terms and Conditions and any other Buona Terms, or the rights and
obligations of you or Buona in connection with your use of the Services or
participation (or inability to participate) in any activity or benefit provided
by the Services, shall be governed by, and construed in accordance with, the
laws of the State of Illinois, without regard to conflicts of laws.
You agree that any action of
whatever nature arising from or relating to these Terms of Use, the Services,
or any other Buona Terms, which is not subject to Dispute Resolution,
Arbitration Clause, and Class Action Waiver section set forth below, will be
filed only in the state courts located in DuPage County, Illinois, or federal
courts located in Chicago, Illinois. You consent and submit to the personal
jurisdiction of such courts for the purposes of any such action.
DISPUTE RESOLUTION,
ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or
dispute at law or equity that has arisen or may arise relating in any way to or
arising out of these Terms of Use will be resolved in accordance with the
provisions set forth in this Dispute Resolution section. PLEASE READ
THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL
IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have
a disagreement with Buona arising out of, connected to, or in any way related
to these Terms of Use, the Services or any of the other Buona Terms, you will
send a written notice to Buona setting forth the specific details of the
disagreement (“Demand”). You agree that the requirements of this Dispute
Resolution section will apply even to disagreements that may have arisen before
you accepted these Terms of Use. You must send the Demand to the following
address (the “Notice Address”): Buona LLC, Attn: General Counsel, 7075 Veterans
Blvd., Burr Ridge, IL 60527. You agree that you will not take any legal action,
including filing a lawsuit or demanding arbitration, until 60 calendar days
after you send a Demand. If the disagreement stated in the Demand is not
resolved to your satisfaction within 60 calendar days after it is received, you
agree that your sole legal recourse will be to file a demand for arbitration
with the American Arbitration Association (the “Arbitrator”).
As a condition of using or
participating in the Services, to the fullest extent permitted by law, you
agree that any and all disputes that cannot be resolved between the parties and
causes of action arising out of or connected with the Services and these Terms
of Use, and any other of the Buona Terms shall be resolved individually, without
resort to any form of class action or a jury trial, exclusively before
a neutral one person binding arbitration using AAA or other
agreed upon arbitration service located in or near Burr Ridge, IL having
jurisdiction. Under no circumstances will you be permitted to obtain awards
for, and you waive all rights to claim punitive, incidental, consequential, and
any other damages (other than for actual out-of-pocket expenses) and any and
all rights to have damages multiplied or otherwise increased.
GENERAL PROVISIONS
Your access and use of the
Services is subject to the above Terms of Use (including the Privacy Policy)
and other applicable Buona Terms. By accessing, browsing, participating and/or
using the Services or any element thereof, you accept, without limitation or
qualification, these Terms of Use, the Buona Terms and Privacy Policy, and
acknowledge that any of the Terms (as may be amended from time to time)
constitute the entire agreement with respect to your use of the Services, and
supersede all prior or contemporaneous communications and proposals whether
electronic, oral or written, between you and Buona with respect to the
Services.
Buona is not responsible for any
failures or delays arising from any telephone, wireless or network carrier or
operator or other service provider, Website users, human error, tampering,
hacking, artifice, or for any failure of the equipment or programming associated
with or utilized by the Services or any element thereof and we assume no
responsibility for any error, omission, interruption, deletion, defect, delay
in operation or transmission, incompatibility, communications failure, theft,
loss or destruction of any information, nor for the failure to capture data,
materials, Comments or other information at any time in connection with the
Services or any element thereof.
Any failure by Buona to exercise
or enforce any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. If any provision of these Terms of Use
is found to be unlawful, void, or for any reason unenforceable by a court of
competent jurisdiction, then that provision shall be construed in accordance
with applicable law to the greatest extent possible, and the remainder of the
provisions shall remain in full force and effect.
Any failure by Buona to provide
any part of the Services, including but not limited to an inability to comply
with these Terms of Use due to or by reason of any act of God, any action(s),
regulation(s) order(s) or request(s) by any governmental or quasi-governmental
entity (whether or not invalid), equipment failure, terrorist act,
cyber-attack, earthquake, war, fire, flood, explosion, unusually severe
weather, hurricane, embargo, labor dispute or strike (whether legal or
illegal), labor or material shortage, supply chain issues, transportation
interruption of any kind, work slow-down, civil disturbance, insurrection,
riot, cancellation or delay of any kind, epidemic or pandemic, or any similar
or dissimilar event beyond Buona’s reasonable control.
The headings in these Terms of
Use are for your convenience and reference. These headings do not limit or
affect this agreement.
