Shane's Rib Shack
Disclaimer as to Accuracy of Information.
License and Access to Shane’s Online Services
Content License From You
As between you and Shane’s, you may possess certain intellectual property rights you have under law in content that you may submit, display and/or post via the Shane’s Online Services. This content, which includes, but is not limited to your comments, reviews, analysis, ideas, proposals, feedback, depictions, sound recordings, photographs, moving images and other data submitted in any form or medium, whether by emails, posting or otherwise, is considered “User Generated Content.” Your use of the Shane’s Online Services and your submission and/or posting of User Generated Content grants Shane’s, and its affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content, without any obligation, notification or compensation to you. This license is granted to Shane’s with respect to the use of such User Generated Content in connection with the Shane’s Online Services, and any other use determined by Shane’s in its sole and absolute discretion.
You agree and acknowledge that Shane’s and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content in such manner as may be required to conform User Generated Content to standards, protocols, formats and requirements related to the Shane’s Online Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Shane’s and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various networks.
Your use of the Shane’s Online Services and your submission and/or posting of User Generated Content confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to Shane’s the forgoing license and you further represent, warrant and agree that none of the User Generated Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements or materials.
Restrictions on Your Use
All content within the Shane’s Online Services and any materials made available on these pages for downloading, if any, are the property of Shane’s and/or its affiliates, or other third parties. The Shane’s Online Services and portions of the Shane’s Online Services are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Shane’s Online Services that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Shane’s Online Services.
To the extent applicable, when accessing the Shane’s Online Services, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Shane’s Online Services. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Shane’s Online Services. All forms of indirect and ‘spoofed’ access are strictly prohibited.
Intellectual Property Ownership
Shanes Rib Shack® is a registered trademark of Shane’s Rib Shack, Inc. The absence of a product or service name or logo belonging to Shane’s anywhere in the text of this Shane’s Online Services does not constitute a waiver of Shane’s trademark or other intellectual property rights concerning the name of logo used or referenced on this Shane’s Online Services.
Shane’s may from time to time in its sole discretion develop and provide software and mobile application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Shane’s has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the mobile 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 shall promptly download and install all Updates and acknowledge and agree that the applicable software, mobile application, or portions thereof may not properly operate should you fail to do so.
Programs and Promotions
This Shane’s Online Services may provide or include links to other third-party Shane’s Online Services, including the franchised operators of Shane’s Rib Shack restaurant businesses (“Operators”), and social media platforms, such as Facebook, Twitter, Instagram, or Foursquare (all links to third-party Shane’s Online Services and social medial platforms are collectively referred to herein as “Linked Sites”). While Shane’s attempts to provide links only to third-party Shane’s Online Services that comply with all applicable laws and regulations and Shane’s standards, please understand that the content on these third-party Shane’s Online Services is subject to change without notice to Shane’s. Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Because we have no control over such sites and resources, you acknowledge and agree that Shane’s is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SHANE’S SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
Shane’s prohibits caching of any portion of the Shane’s Online Services and any unauthorized hypertext links to the Shane’s Online Services. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your Shane’s Online Services to the Shane’s Online Services, you must contact Shane’s to discuss mutually agreeable terms for such hyperlink.
The owner of this Shane’s Online Services is based in the State of Georgia in the United States. We provide this Shane’s Online Services for use by persons located in the United States. We make no claims that the Shane’s Online Services or any of its content is accessible or appropriate outside of the United States. Access to the Shane’s Online Services may not be legal by certain persons or in certain countries. If you access the Shane’s Online Services from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.
Exclusion of Warranty
SHANE’S MAKES NO WARRANTY OF ANY KIND REGARDING THE SHANE’S ONLINE SERVICES AND/OR ANY CONTENT AND MATERIALS PROVIDED ON THE SHANE’S ONLINE SERVICES, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SHANE’S DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SHANE’S ONLINE SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SHANE’S DOES NOT WARRANT THAT THE SHANE’S ONLINE SERVICES, ITS SERVERS OR ANY E-MAIL, TEXT MESSAGE OR SMS SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHANE’S PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SHANE’S ONLINE SERVICES 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.
NEITHER SHANE’S, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SHANE’S ONLINE SERVICES OR SERVICES, OR (2) THE INTERNET GENERALLY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERM, PROVIDED HOWEVER YOU AGREE AND ACKNOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
Limitation of Liability
SHANE’S ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SHANE’S ONLINE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SHANE’S ONLINE SERVICES. IN NO EVENT SHALL SHANE’S BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SHANE’S ONLINE SERVICES OR CONTENT FOUND THEREIN.
Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials or content available on the Shane’s Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove such materials or content, or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the Shane’s Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located within the Shane’s Online Services; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
Shane’s Rib Shack
829 Fairways Court, Ste 200
Stockbridge, GA 30281
DMCA details are available at http://www.copyright.gov/onlinesp/
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
Login and Registration
Certain programs, offers, features, or services offered on or through the Shane’s Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Shane’s immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Shane’s or any other Shane’s Online Services user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. Shane’s shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Shack Rewards Program: Shane’s offers its customers subscription access to exclusive offers, coupons, and promotions over SMS (“Rewards Program”). Enrollment in the Rewards Program requires providing an active mobile phone number. The mobile phone number's verification is completed by initiating an invitation text message, to which message you must confirm your number and enrollment in the Rewards Program by replying "YES". The invitation text message will notify you that you will receive recurring text messages in connection with the Rewards Program. Message & data rates apply. Customers will be allowed to opt out of the Rewards Program at any time. The text messages are sent using an automated system. Customers may receive up to four (4) messages per week. Customers are not required to opt in to receive text messages as a condition of purchasing any property, goods or services. Customers may also opt in to the program by texting “SHANES” to 21241 from their mobile phone and then following same mobile verification instructions described above.
Questions: You may contact us at email@example.com, or at any time from your mobile phone, text "HELP" to 21241. We can answer any questions you have about the Rewards Program including instructions on how to use the service or opt-out of the Rewards Program.
To Stop the Rewards Program: To stop the messages coming to your phone, you can opt out of the Rewards Program at any time via SMS. Text the word "STOP" to (21241) from the mobile phone number in which you wish to opt-out of the Rewards Program. You'll receive a one-time opt-out confirmation text message. After this, you will no longer receive SMS messages from Shane’s Rib Shack.
If you want to join again, just sign up as you did the first time and we will begin sending SMS messages to you again.
Wireless Carriers Supported include the following, which list may not be complete and is subject to change without notice:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
***Carriers are not liable for delayed or undelivered messages***
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 4 text messages per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
For all questions about the services provided by this short code, you can send an email to firstname.lastname@example.org.
Rewards Program Terms & Conditions: By participating in the Rewards Program, you are agreeing to the terms and conditions presented here and located at Shack Rewards Program Rules (collectively, the “Shack Rewards Program Terms & Conditions”).
Pricing or Other Information Errors
Although Shane’s strives at all times to maintain the accuracy of information maintained on Shane’s Online Services, including pricing information and product details, occasionally pricing or other information errors may occur. In the event that any product that is available through the Shane’s Online Services is mistakenly listed at an incorrect price or with other incorrect information, Shane’s reserves the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.
Shane’s Online Order Acceptance and Inability to Fulfill Orders
If you select the appropriate option at the time you place your order, you will receive an order acknowledgment e-mail or text message, as requested, to your designated e-mail address or phone number once you have placed an order through Shane’s Online Ordering platform. Shane’s reserves the right to refuse or cancel any orders for any reason (including for pricing errors as noted above), and whether or not the order has been confirmed. Without limitation of the foregoing, Shane’s is not responsible for any inability to fulfill orders.
Although Shane’s Online Services may be accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. The Shane’s Online Services are controlled and operated by Shane’s from its offices within Stockbridge , Georgia, United States of America. Shane’s makes no representation that materials and content available via the Shane’s Online Services are appropriate or available for use in other locations. Those who choose to access this Shane’s Online Services from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use this Shane’s Online Services or export any of the materials or content contained herein in violation of any U.S. export laws or regulations.
Choice of Law and Forum
Indemnity and Release
Severability and Integration
This Agreement was last modified and is effective as of August 21, 2020.