Terms and Conditions of UsePlease carefully review these Terms and Conditions before accessing or using any Wulf Burger Online Service.These Terms and Conditions of Use (“Terms”) apply to your access and utilization of Wulf Burger Enterprises, LLC and its affiliates’ Online Services, encompassing websites, mobile applications, and online programs, including self-service devices available at our restaurant locations (such as kiosks), where these Terms are posted or linked.
By accessing or using the Online Services, you enter into a legally binding agreement with Wulf Burger. These Terms govern your utilization of the Online Services, including the programs, content, information, services, and features provided through them.
Your use of the Online Services is at your own risk. If you find any aspect of the Online Services, its programs, contents, features, or these Terms unsatisfactory, your sole recourse is to cease accessing and using the Online Services.
Changes to Terms and Conditions
Wulf Burger retains the right to update, modify, or revise these Terms and Conditions at any time. Any alterations will be effective upon posting the changes, modifications, or revisions on the Online Services. The date of the most recent update will be indicated in the “Last Updated” section at the conclusion of these Terms and Conditions. Your continued use of or access to the Online Services following any changes signifies your acceptance of the modified Terms and Conditions. It is your responsibility to periodically review these Terms and Conditions for updates.
Absolutely, here’s a revised version of the “Use of the Online Services” section considering Texas law:
Use of the Online Services
The Online Services and all content, information, and materials displayed within, including text, images, graphics, designs, illustrations, photographs, audio, software, video clips, page layouts, and computer programs (collectively, “Materials”), are either owned by Wulf Burger or licensed to Wulf Burger and are protected by copyright, trademark, trade dress, patent, and other intellectual property rights under both United States and foreign laws. Subject to your compliance with these Terms and Conditions, Wulf Burger grants you a personal, non-transferable, non-exclusive, limited right to access and use the Online Services solely for noncommercial purposes.
You may view, display, copy, download, and print Materials solely for your own personal, noncommercial use. It is imperative that all copyright, trademark, and other proprietary notices contained within the Materials are retained on all copies.
You agree not to copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Online Services or its Materials in any manner, except as expressly permitted herein. Wulf Burger does not grant any express or implied rights to you under any patents, trademarks, copyrights, or trade secret information beyond what is expressly provided herein.
By using the Online Services, you agree to comply with all additional terms, conditions, and restrictions outlined within the Online Services, Materials, and associated programs, features, and services.
Wulf Burger reserves the right, at its discretion and without notice or liability, to:
- Modify, suspend, or terminate operation of or access to any Online Service or any portion thereof.
- Change, revise, or modify the Online Services, Materials, or any portion thereof.
- Interrupt the operation of the Online Services or any portion thereof for maintenance, error correction, or other purposes.
- Impose limits on certain programs, features, and services or restrict your access to the Online Services, either wholly or partially.
- Terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials in your possession or control.
By using the Online Services, Materials, and associated programs, features, and services, you agree to adhere to these Terms and Conditions and all pertinent laws and regulations. You expressly agree not to:
- Modify, adapt, translate, or reverse engineer any portion of the Online Services or Materials.
- Employ the Online Services or any Materials, features, or services for unlawful, fraudulent, or malicious purposes, or to solicit any such activities.
- Attempt to gain unauthorized access to accounts, features, systems, or networks through hacking, password mining, or any other unauthorized means.
- Utilize the Online Services or any feature in a manner that could disrupt, damage, disable, overload, or impair it, its systems, servers, or networks.
- Frame or mirror any part or feature of the Online Services.
- Use the Online Services or any feature for commercial purposes, such as advertisements, chain letters, spamming, junk mail, or solicitations.
- Utilize any automatic device, program, algorithm, or methodology to access, acquire, copy, monitor, reproduce, or circumvent the structure or presentation of the Online Services or Materials.
- Interfere or attempt to interfere with the proper working of the Online Services, or with any other person’s use or enjoyment of the Online Services.
- Transmit any harmful elements like viruses, worms, Trojan horses, or other items of a destructive nature.
- Circumvent or attempt to bypass any security or authentication measures implemented by or on behalf of Wulf Burger.
- Forge headers or manipulate identifiers.
- Post, transmit, submit, or include any objectionable content, material, or information that may give rise to liability or infringe on laws or regulations.
- Submit or post false or misleading information.
- Violate, infringe, or misappropriate Wulf Burger’s intellectual property, publicity, privacy, or other proprietary rights, or those of its affiliates or any other individual or entity.
Wulf Burger retains the right to prohibit access, use, conduct, communications, or content that, in our sole discretion, is deemed harmful to the Online Services, Materials, users, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable laws.
Wulf Burger reserves the right, at our sole discretion, to post any Submission on the Online Services and identify you as the submitting party. However, we retain the right, without prior notice, to refuse or edit Submissions for any reason, including those that violate these Terms and Conditions, are irrelevant or inappropriate, or do not align with our brand and/or reputation as determined by us.
You affirm that any statements made about us, our products, services, or programs in your Submission accurately reflect your personal beliefs and experiences. Any opinions submitted are true to the best of your knowledge.
You bear full responsibility for your Submissions, ensuring they comply with these Terms and Conditions and are not made on behalf of any person or entity without their prior written consent. You must not include any content (e.g., text, photos, images, quotes, logos, etc.) that belongs to another party (protected by copyright, trademark, or other intellectual property rights) unless you have obtained express, written permission to use said content.
Login and Registration
Certain programs, features, or services available through the Online Services may necessitate completion of a registration process, account setup, or login. In doing so, you agree to (1) provide accurate, current, and complete information about yourself and (2) promptly update this information to ensure its accuracy. You bear full responsibility for maintaining the confidentiality of your login details, including your password. You agree to immediately inform Wulf Burger of any unauthorized use of your login or any security breach. Failure to safeguard and keep your login information secure and confidential may make you accountable for losses incurred by Wulf Burger or any other user or visitor of the Online Services due to unauthorized use of your login.
Using someone else’s login without their express written permission is strictly prohibited. Wulf Burger shall not be held liable for any loss or damage arising from your failure to adhere to these responsibilities.
To utilize the Online Services available via the mobile application (the “Mobile App”), you must possess a compatible mobile device. Wulf Burger does not guarantee that the Mobile App will be compatible with your specific mobile device.
If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and their respective subsidiaries shall be considered third-party beneficiaries to this contract. You acknowledge and agree that these third-party beneficiaries possess the right to enforce these Terms and Conditions against you. However, it’s important to note that these third-party beneficiaries are not direct parties to these Terms and Conditions and are not accountable for providing or supporting the Mobile App. Your access to the Mobile App is also subject to the usage terms detailed in the applicable third-party beneficiary’s terms of service.
The Mobile App might automatically download and install updates periodically or necessitate the downloading and installation of updates or new versions for continued use. You recognize that in certain instances, updates and/or new versions may diminish or eliminate features and functionalities available in prior versions of the Mobile App.
Links To Third-Party Sites and Social Media Pages
The Online Services may feature links to other third-party websites, including those operated by franchised entities of the “Wulf Burger” business (“Operators”), and social media platforms like Facebook, Twitter, Snap Chat, or Instagram (collectively referred to herein as “Linked Sites”). These Linked Sites are provided solely for your convenience. Should you choose to visit any Linked Site, you do so entirely at your own risk. Wulf Burger bears no responsibility or liability for any Linked Sites, including their content, policies, or actions.
Should you opt to purchase any product or service from a Linked Site (including, but not limited to, an Operator’s Linked Site), your relationship is with that specific third party. You explicitly acknowledge that Wulf Burger does not assume responsibility for the quality of third-party products or services. Additionally, Wulf Burger is not liable for fulfilling any terms of your agreement with the seller, encompassing the delivery of products and services and warranty obligations linked to these products and services.
The presence of links to Linked Sites does not imply our sponsorship, endorsement, affiliation, association, or legal authorization to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials visible or accessible through such Linked Sites.
Wulf Burger’s Policy governs the use of the Online Services, and its terms are an integral part of these Terms and Conditions. By accessing and using the Online Services, you agree to abide by our Policy.
Trademark Information and Ownership of Intellectual Property
Wulf Burger® is a registered trademark and service mark of Wulf Burger in the United States and other countries. The Online Services, Materials, and all trademarks, logos, service marks, and other identifiers displayed (collectively referred to as the “Intellectual Property”) are either owned by or licensed to Wulf Burger. All rights are reserved unless explicitly noted otherwise. The absence of a trademark notice or legend does not waive Wulf Burger’s rights regarding the ownership or registration of the trademark or service mark used or referenced on the Online Services.
Use of the Intellectual Property by third parties, including for advertising, endorsements of products or services, contests, promotions, or any other commercial or non-commercial purpose, is strictly prohibited without our prior express written consent.
Nothing presented on the Online Services should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use the Intellectual Property without our prior express written permission. Your use of the Intellectual Property is limited to the terms expressly outlined in these Terms and Conditions. You are explicitly warned that Wulf Burger and/or its licensee(s) will vigorously defend their intellectual property rights, including seeking criminal prosecution, to the fullest extent permitted by law.
By accessing the Online Services or sending e-mails, text messages (as defined below), or other digital communications to us, you are engaging in electronic communication. Your action constitutes consent to receive communications from us electronically. We may correspond with you via e-mail, text message, or by posting notices on the Online Services. You acknowledge and agree that all agreements, notices, disclosures, and other communications provided to you electronically fulfill any legal obligation requiring written communication. Additionally, you accept that any notifications transmitted electronically by us are considered delivered and received on the date we transmit such electronic communication as outlined in these Terms and Conditions.
Consent to Receive Wulf Burger Text Messages
By utilizing or registering for our Online Services, you consent to receiving marketing, customer service, account-related correspondence, job application information, and other communications from Wulf Burger via text messages or similar technology (including automatic telephone dialing equipment). You agree to this SMS Terms section of the Terms and Conditions (the “SMS Terms”) and acknowledge your consent to receive communications from us, including calls and text messages, at the cellular telephone number you provide to us. Depending on your relationship with us and consents received, we or our service providers may send short message service (SMS), multimedia message service (MMS), or other similar text messages (collectively, “text messages”) to:
- Provide information you requested from us.
- Update you regarding orders, transactions, and communications.
- Respond to customer service inquiries.
- Send marketing or promotional text messages.
Consent Acknowledgment and Conditions
Your agreement to these SMS Terms constitutes consent to the use of an electronic record to document your agreement. You may withdraw your consent by emailing us at [email protected].
Access and Retention
To access and retain a copy of this disclosure or any information regarding your enrollment, you will need a device with Internet access and storage space or a printer. For a free paper copy or to update your contact information, email us at [email protected].
Automated Communication and Opt-Out
By consenting to receive Wulf Burger text messages, you agree that automated or non-automated technology may be used to send you transactional and/or marketing text messages. You are not required to consent to marketing text messages to make a purchase. To opt out, text STOP to the number provided.
Modifications and Consent to Recording
Disclaimer of Online Services and Materials Warranty
Wulf Burger, as a provider of food and related services, makes no representations or warranties regarding the Online Services and Materials specifically related to our food products.
No Guarantee of Error-Free, Uninterrupted, or Virus-Free Services
WE DO NOT WARRANT THAT THE ONLINE SERVICES OR MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO WE WARRANT THAT ANY DEFECTS WILL BE CORRECTED PROMPTLY OR AT ALL.
Use of Wulf Burger Online Services and Materials
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF WULF BURGER ONLINE SERVICES OR MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM. THIS INCLUDES, WITHOUT LIMITATION, ANY REPRESENTATION AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
Services Provided “As Is” and “As Available”
THE ONLINE SERVICES AND MATERIALS, PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND.
Disclaimer of Implied Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
Limitation of Liability for Third-Party Providers
WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF WULF BURGER ONLINE SERVICES AND MATERIALS PROGRAMS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE ONLINE SERVICES.
Refund Policy for Unclaimed Items
At Wulf Burger, our commitment is to provide you with the highest satisfaction through our exceptional food products and services. To ensure the optimal quality and freshness of our offerings, we kindly request that orders be claimed within 20 minutes of their preparation. Beyond this timeframe, unclaimed orders are considered sold and are NOT subject to our refund policy.
We understand that unforeseen circumstances may arise, preventing immediate order pickups. In such cases, we encourage our valued customers to promptly contact us so that we may explore potential arrangements and exceptions to this policy.
Timely Claiming of Orders: To guarantee the best culinary experience, we ask customers to claim their orders within 20 minutes of preparation. Our food is carefully crafted, and delays in pickup may compromise its quality. Orders not claimed within this time frame will be considered sold and are NOT eligible for a refund.
Resource Considerations: Every order represents a significant investment of resources and materials for our restaurant. The nature of our delectable offerings means that they are best enjoyed when served hot or freshly made. After 20 minutes, the food may lose its optimal texture and temperature when placed inside a box. We appreciate your understanding of this policy, as it allows us to continue delivering the best possible dining experience.
Refund Policy for Fraud Disputes
Wulf Burger is committed to protecting our customers and ensuring a secure transactional environment. In the unfortunate event of a fraud dispute, we reserve the right to conduct a thorough investigation into the matter. Refunds will be processed in alignment with the findings of our investigation.
Investigation Procedure: Upon receipt of a fraud dispute report, we undertake a comprehensive investigation to verify the authenticity of the claim.
Refund Determination: Refunds, if deemed warranted based on the investigation’s findings, will be processed promptly. The determination of refunds in fraud disputes will be made in accordance with the evidence collected during the investigation.
Customer Reporting: We encourage our customers to report any unauthorized or suspicious transactions promptly. Timely reporting assists us in taking appropriate action to safeguard your interests.
Our Commitment to Customer Satisfaction
These refund policies are established to uphold fair and transparent practices while addressing situations where unclaimed items or fraud disputes may occur. We aim to ensure our customers’ satisfaction while maintaining the integrity of our services and transactions.
Limitations of Liability
At Wulf Burger, we strive to provide exceptional service and experiences through our online services. However, there are certain limitations to our liability that you should be aware of:
No Responsibility for Damages
In no event shall Wulf Burger or any of our providers be liable to any person for damages of any kind, under any legal theory, arising from your use of or inability to use the online services and materials, programs, features, and services made available through the online services. These damages include, but are not limited to, direct, indirect, special, consequential, punitive, or other damages such as lost profits, business interruption, or loss of information, programs, or data.
Awareness of Possible Limitations
It’s important to note that while we take every measure to offer reliable and seamless services, certain circumstances may lead to unforeseen issues or interruptions. Please understand that these limitations of liability are put in place to safeguard our operations and do not intend to restrict or impede your rights beyond what is legally permitted.
Understanding Legal Jurisdictions
The extent of liability may vary by state law. In jurisdictions where certain types of damages cannot be excluded or limited, our liability is restricted to the fullest extent permitted by such state law.
Consideration of Applicable Laws
Please be aware that these limitations align with applicable laws in Texas and are in place to protect both Wulf Burger and our valued customers. We aim to provide clear guidelines while upholding legal requirements governing liability.
At Wulf Burger, we encourage responsible and respectful use of our online services. As a user, you agree to the following indemnification terms:
Your Responsibility to Indemnify
You agree to indemnify, defend, and hold harmless Wulf Burger, along with all its officers, directors, employees, and agents, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly from:
Your Breach of Terms and Conditions: Any violation or breach of these Terms and Conditions by you.
Your Activities on the Online Services: Any actions or activities you undertake in connection with the Online Services, including your use of Materials, programs, features, and services made available through the Online Services.
This clause emphasizes your responsibility to safeguard Wulf Burger from any liabilities resulting from your actions or failure to comply with the outlined Terms and Conditions. It ensures that in the event of any claims, damages, or losses incurred due to your actions, you are accountable for the associated costs and consequences.
Importance of Compliance
By agreeing to these terms, you acknowledge the importance of adhering to the Terms and Conditions outlined by Wulf Burger. This section aims to clarify your responsibility in indemnifying the company and its affiliates against any claims or damages arising from your actions or non-compliance.
International Users and Choice of Law
At Wulf Burger, we strive to maintain compliance with the laws and regulations governing our Online Services. Here are the key points for international users:
Online Services’ Geographic Scope
The Online Services are controlled, operated, and administered by us and our service providers from offices within the United States. We do not assert that the Materials available on the Online Services are suitable or accessible for use in locations outside of the United States. Accessing these Materials from areas where their content is deemed illegal is strictly prohibited. Any attempt to use the Online Services or export Materials in violation of U.S. export laws and regulations is prohibited.
Responsibility for Compliance
If you choose to access the Online Services from locations outside the United States, you bear the responsibility to comply with all local laws and regulations applicable in your area.
These Terms and Conditions, along with our Policy, are governed by the laws of the State of New York. This choice of law is irrespective of any conflict of laws provisions or principles.
Understanding Geographic Limitations
This section underscores the geographic scope of our Online Services, emphasizing that the content available is intended for use within the United States. It also highlights the user’s responsibility to adhere to local laws when accessing the services from outside the U.S. Furthermore, the choice of law is specified as the State of New York for the governance of these Terms and Conditions.
No Agency Relationship
At Wulf Burger, we value transparency in our interactions with users. Here’s what you need to know about the absence of an agency relationship:
Clarity on Relationship
These Terms and Conditions, along with the Materials, programs, features, or services provided through the Online Services, do not establish, imply, or constitute any form of partnership, joint venture, employment, or agency relationship between Wulf Burger and yourself.
Limitations on Authority
It’s essential to understand that you are not authorized to act on our behalf, nor are you permitted to bind Wulf Burger in any contractual obligation through your use of the Online Services or associated materials.
Understanding the Boundaries
This section emphasizes the absence of any formal partnership, employment, or agency association between Wulf Burger and users. It also clarifies that users are not empowered to enter into contracts on behalf of Wulf Burger or bind the company in any way through their interaction with the Online Services.
Violation of Terms and Remedies
A tWulf Burger, we take our terms seriously to maintain a fair and secure environment. Here’s our stance on violations and associated remedies:
Should we determine, at our sole discretion and without prior notice, that you have breached these Terms and Conditions or any associated guidelines, we reserve the right to block and/or terminate your access to some or all of our Online Services.
Impact of Violation
Your breach of these Terms and Conditions is considered an unfair business practice and is recognized as causing irreparable and immeasurable harm to Wulf Burger. We acknowledge that monetary compensation may not suffice for such harm, and therefore, you consent to us seeking injunctive or equitable relief as deemed necessary.
Legal Actions and Remedies
In the event of a violation leading to legal action by Wulf Burger, you agree to cover all reasonable attorneys’ fees and associated costs, in addition to any other relief granted to Wulf Burger. Please understand that termination of access to our Online Services due to a violation of these Terms and Conditions does not render Wulf Burger liable to you or any third party.
Understanding the Consequences
This section emphasizes the serious nature of violating the Terms and Conditions and clarifies the actions Wulf Burger might take as a consequence. It also highlights the user’s responsibility to cover legal expenses resulting from such violations.
Entire Agreement, Claims Limitations, and Severability
At Wulf Burger, we believe in clarity and fairness. Here’s what you need to know about our agreement:
These Terms and Conditions, along with our Policy and any other relevant terms found within our Online Services or Materials, encompass our entire agreement concerning your use of our Online Services. They supersede all prior written or oral agreements relating to the same subject matter between us and you.
Time Limit for Claims
Any legal claims or actions arising from or in connection with the use of our Online Services must be initiated within one (1) year after the claim or cause of action arises. After this period, the right to bring forward such claims may be restricted.
Severability of Provisions
In the event that any provision within these Terms and Conditions or our Policy is deemed unenforceable by a court of competent jurisdiction, that provision will be modified to the maximum extent allowed by law to uphold its intended purpose. The remaining sections of these Terms and Conditions and Policy will continue to be fully effective.
Understanding the Agreement
This section emphasizes that our agreement with users is comprehensive, encompassing all relevant terms, and highlights the time limit for raising claims related to the use of our services. Additionally, it ensures that if any part of these terms is deemed unenforceable, the rest of the agreement remains valid.