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Terms of Use – Ellianos Coffee Company

 

TERMS OF USE

1. Acceptance of Terms of Use

Ellianos, LLC (together with its affiliates, “Ellianos”) operates a franchise of drive-thru specialty coffee shops across the Southeast United States. These Terms of Use (“Terms”) incorporate our accompanying Privacy Policy and together govern your use of our website (https://www.ellianos.com/ ) and any related online and offline services we provide (collectively, the “Services”). This includes any electronic content, functionality, features, and applications provided through the Services (collectively, “Materials”).

Please read these Terms carefully before you start to use our Services. By using the Services, you acknowledge that you have read, understood, and agree to be bound and abide by our Terms and Privacy Policy. If you do not agree to all of our Terms, or if you violate them in any way, your right to access or use the Services is terminated. PLEASE SEE SECTIONS 12-14 BELOW REGARDING YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, INCLUDING A WAIVER TO BRING ANY CLAIM UNDER A CLASS ACTION.

We reserve the right, in our sole discretion, to modify, alter or otherwise update the Terms at any time, and by using the Services after the posting of a modification, you accept the modification. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the eligibility requirements in these terms. Note that if you have a business relationship with us, the contractual terms of that relationship will control in the event of any conflict.

2. Your Responsibilities

You are responsible for any activity that occurs through your use of the Services. All information you provide to us must be true, accurate, current, and complete and you agree to update your information as necessary to maintain its truth and accuracy. Please exercise common sense and your best judgment when using the Services, including when you submit or post Use Content (described below) or any personal or other information.

3. Prohibited Actions

You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with other materials or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services. Except as expressly provided herein, we and our third-party licensors reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do so for commercial purposes.

4. User Content

The Services may permit you to post, submit, publish, display, or transmit certain materials (hereinafter, “post”) through our Services (collectively, “User Content”). You agree, represent, and warrant that any User Content that you provide to us is truthful, accurate, not misleading, and offered in good faith, and that you have the right to transmit such User Content. We do not want you to, and you should not, send any confidential or proprietary User Content to us through the Services unless specifically requested or in circumstances where we indicate it will be kept confidential.

Except as may be otherwise agreed upon between you and us in writing, by submitting User Content through the Services, you grant us (or warrant that the owner of such User Content has granted to us) a non-exclusive fully-paid and royalty-free, transferable, sub-licensable, perpetual, irrevocable, and unrestricted worldwide right and license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute or otherwise disclose to others such User Content (in whole or in part) as reasonably necessary to provide the Services; and (ii) subject to our Privacy Policy, use your information in connection with your User Content. You also agree that we are free to use any feedback, corrections, ideas, concepts, know-how, or techniques that you provide to us (collectively, “Feedback”) for any purpose and you waive all rights therein. PLEASE DO NOT SEND US ANY FEEDBACK THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION UNLESS WE EXPRESSLY AGREE IN WRITING OTHERWISE.

You represent and warrant that: (i) all of your User Content complies with these Terms; (ii) you own or control all necessary rights and consents to the User Content provided by you through the Services; (iii) you will pay for all royalties, fees, and any other monies owed in connection with User Content you provided through the Services; (iv) you understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you, not us, have full responsibility for it, including its legality, reliability, accuracy, and appropriateness; and (v) we are not responsible or liable to any third party for the privacy, content or accuracy of any User Content posted by you or any other user of the Services. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.

5. Privacy Policy

Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy.

6. Franchisee Activities

Specific franchisee locations (or groups of locations) may offer loyalty programs or other promotions or services. Such activities can be specific to those franchisee(s) and will be governed by the information they provide to you at those locations or through other means they make available.

7. Reporting Copyright Infringement and Other Violations with Respect to Services

We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement or any other issues, please notify us via the contact information provided at the end of these Terms.

8. Our Intellectual Property Rights

We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with this Terms of Use and our Privacy Policy. The Services contain Materials owned or licensed by us, including name, logo, text, images, audio/visual works, icons and scripts, and other materials provided on or through the Services. Except as provided herein, none of the Materials may be copied, distributed, displayed, downloaded, licensed, modified, published, re-posted, reproduced, reused, sold, used to create a derivative work, or transmitted in any form or by any means without prior written permission from us or the third party owner. Unauthorized use of any Materials provided by the Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.

Except as expressly provided herein, we and our licensors reserve all rights with respect to the Services and Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of any user who has infringed any intellectual property or proprietary rights. We may also disable any social media features and any links at any time without notice at our sole discretion.

Trademarks and service marks that may be referred to in the Services are owned by us or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The names and logos used by us may not be used in any way, including in advertising or publicity pertaining to distribution of materials in the Services, without prior written permission. You are not authorized to use our logo as a hyperlink to the Services unless you obtain our written permission in advance, although we permit you to use certain designated features of the Services to use our logo as a hyperlink for designated purposes.

9. Materials

We may update the content in our Services and Materials from time to time, but it will not necessarily be complete or up-to-date. The Services may be supported by sponsors or advertising revenue and may display sponsors, advertisements, and promotions, and you agree that we may place such notices through the Services or on, about, or in conjunction with User Content. The manner, mode, and extent of such notices are subject to change and you acknowledge that we may not always identify promoted services or content, or commercial communications as such. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by us, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process.

10. Links in the Services

The Services may contain links to third-party sites. Access to any other website or service referenced in the Services is at the user’s own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on other sites. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement, recommendation, or approval. The content, accuracy, opinions expressed and other links provided by linked sites are not investigated, verified, monitored, or endorsed by us. If you decide to visit or transact business at any linked site, you do so at your own risk and it is your responsibility to take all protective measures. The third-party sites are not controlled by us and may have different terms of use and privacy policies, which we encourage you to review.

11. Linking to our Services

You may link to our Services, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Services may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on our Services; send communications with certain content, or links to certain content, using the Services; or cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms. We may disable any social media features and any links at any time without notice in our sole discretion.

12. Disclaimer of Warranties; Limitation of Liability

YOUR USE OF THE SERVICES, MATERIALS, AND USER CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ALL USER CONTENT AND MATERIALS THEREIN ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL ELLIANOS AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRIBUTORS, FRANCHISEES, AND PARTNERS BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

The provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by applicable law. We reserve all rights, defenses, and permissible limitations under applicable law.

13. Indemnification

You agree that you will be responsible for any damages resulting from your violation of these Terms. You further agree to indemnify and hold Ellianos, and its owners, affiliates, officers, directors, agents and employees, contributors, franchisees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (i) your breach of these Terms; (ii) your activities in connection with the Services, including any violation of any law or the rights of any third party that occurs in connection with your of the Services; or (iii) User Content or other information that you provided to us through the Services.

14. Governing Law; Arbitration and Class Action Waiver

THE LAWS OF THE STATE OF FLORIDA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN JACKSONVILLE, FLORIDA IN RELATION TO ANY CLAIM, DISPUTE, OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are expressly excluded from these Terms.

Excluding claims for injunctive or other equitable relief, for claims related to the Services, any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall be administered by JAMS and take place in the state of Florida or at the option of the party seeking relief, online, by telephone, online, in your state of residence or via written submissions alone. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration, and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

15. Services Controlled from the United States

Our Services are operated from the United States. We make no representation that content or materials in the Services are appropriate or available for use in other jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.

16. Entire Agreement; Severability

You acknowledge that you have read and understood and agree to be bound by these Terms. You further agree that these Terms, together with our posted Privacy Policy, which is incorporated into these Terms by reference, constitute the complete and exclusive statement of the agreement between you and Ellianos, and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of these Terms. If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ellianos as a result of these Terms or your use of the Services.

17. Contact Information

If you have any questions, concerns, or comments about these Terms or our Services, please contact us as directed at https://www.ellianos.com/contact/.
These Terms were last updated July 12, 2021.

ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO TERMS OF USE

A. Gift Cards Terms and Conditions

These Gift Card Terms and Conditions (the “Gift Card Terms”) apply to all Ellianos electronic gift cards, including all Ellianos trade-in, credit, or promotional eGift Cards (each a “Gift Card” or collectively, “Gift Cards”) purchased, used, loaded, obtained, or otherwise redeemed (collectively “Used”) by you.

NOTE THAT CERTAIN ELLIANOS LOCATIONS MAY SELL OR OTHERWISE OFFER PHYSICAL GIFT CARDS UNDER THEIR OWN LOCAL STORE PROGRAM, BUT THESE TERMS ONLY APPLY TO THE ELECTRONIC GIFT CARDS ISSUED AND OPERATED BY ELLIANOS.

By Using a Gift Card, you agree to be bound by the “Terms,” which include these Gift Card Terms, the broader Ellianos Terms of Use as well as Ellianos Privacy Policy and the terms and conditions of any Ellianos’ other policies and procedures that may apply to you. To the extent there are conflicts between these Gift Card Terms and the broader Ellianos Terms of Use, these Gift Card Terms will control with respect to the use, purchase and redemption of Gift Cards. You agree and acknowledge that Ellianos may process your personal information in connection with your Use of Gift Cards in accordance with our Privacy Policy.

In these Gift Card Terms, “you” and “your” means the cardholder who Uses a Gift Card. “Online” means Ellianos ecommerce domains, such as ellianos.com or ellianos.train.paytronix.com. “Stores” means any Ellianos branded franchisee locations (or groups of locations).

To purchase a Gift Card, please visit https://ellianoscoffee.myguestaccount.com/en-us/guest/egift?page=cardInfo. For balance inquiries please visit https://ellianoscoffee.myguestaccount.com/en-us/guest/nologin/account-balance or contact us at contact@ellianos.com.

1. PURCHASING

Gift Cards are available for purchase Online (and may be offered in participating Stores or at other authorized retailers), in amounts typically ranging between $5 and $100.

Gift Cards have no value until activated. Ellianos reserves the right to suspend or delay activation until payment has been cleared.

It is your responsibility to obtain a receipt for Gift Card purchases and to ensure that the card number listed on the receipt corresponds to the card number printed on the Gift Card.

Gift Cards are only valid if purchased Online or from participating Stores or authorized third-party distributors. A Gift Card is neither valid nor acceptable, and we will not be held liable, if it is obtained from unauthorized sellers or resellers, including Internet auction sites.

Limitations:

    1. Ellianos’s policies limit the maximum value of each Gift Card to $500, and Ellianos may in its discretion implement limits on the aggregate amount of Gift Cards purchased, such as $1,000 per day (within a 24-hour period), per individual across participating Stores and Online.
    2. You may not use third-party gift cards (e.g., mall gift cards) to purchase a Gift Card.
    3. Your Ellianos Gift Card balance cannot be used to purchase other Gift Cards.
    4. Gift Cards may not be purchased using promotional offers or discounts.
    5. A Gift Card is not a credit, debit, or charge card. No implied warranties attach to purchased Gift Cards.
    6. Gift Cards cannot be returned; resold; used for payment outside of Stores or Online; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited by Ellianos. No portion of your Gift Card balance may be transferred to another person or Ellianos account or applied to any other account, except to the extent required by law.
    7. If purchasing Online, Ellianos will not be liable for any failure or delay in delivery. You are obligated to provide the correct address or email address, as applicable. Ellianos is not responsible for Gift Cards that are undeliverable or not received due to inaccurate delivery information.
    8. Ellianos is not liable for Gift Cards purchased or sold via websites that facilitate the aftermarket sales of pre-owned merchandise (e.g., Facebook, eBay, Craigslist). Gift Cards obtained or purchased from non-Ellianos sources may be invalid or have a lower redeemable balance or value than the unauthorized vendor represented. Ellianos is not obligated to honor invalid Gift Cards or balances, or values that have been misrepresented or are incorrect.

2. REDEMPTION

Gift Cards can only be redeemed in Stores. Gift Cards cannot be used at other retailers.

When you use the Gift Card to make a purchase, the amount available on the Gift Card is reduced by the purchase amount, and each subsequent purchase is deducted from the balance. The use of your Gift Card for purchases is a demand for and withdrawal from the remaining value on your Gift Card. The balance will remain on the Gift Card until it is decreased to zero. You must have sufficient available funds on a Gift Card to make any purchase or pay any difference between the available funds and the purchase amount in cash or by credit card, or in a form acceptable to Ellianos.

You do not have the authority to halt a purchase initiated with your Gift Card and you are liable for any such transaction. Ellianos reserves the right to refuse a Gift Card or limit the ability to use if Ellianos has reason to believe that the Use is unauthorized, fraudulent, or otherwise illegal.

Restrictions:

    1. We may not permit more than five (5) Gift Cards to be redeemed at one time.
    2. Gift Cards can only be redeemed in the United States.
    3. Gift Cards use may be limited in connection or in combination with certain discount programs that may be offered by Ellianos (if applicable).
    4. Gift Cards cannot be used to purchase certain ineligible goods and services (e.g., tobacco, alcohol or other age-restricted items, if available). To pay for an order that includes any ineligible items, you may need to provide a credit card, debit card, or another valid payment method. Eligible goods and services are subject to change at our discretion.
    5. Gift Cards cannot be transferred to another account after you have redeemed the claim code.
    6. Gift Cards cannot be used as payment for orders placed for commercial purposes (i.e., sourcing inventory online). You are not permitted to Use Gift Cards to fulfill sales or fund purchases with the intent of reselling or exporting the goods or services.

3. RETURNS

Subject to Ellianos general returns policies and procedures, all returns for purchases made with a Ellianos Gift Card will result in a credit to a Gift Card or issuance of a new Gift Card in the amount of the returned item. If multiple payment methods were used for the purchase, the portion paid for with a Ellianos Gift Card will be refunded accordingly.

4. RISK OF LOSS

The risk of loss and title for Gift Cards passes to the purchaser upon sale, upon Ellianos’s electronic transmission of the Gift Card to the purchaser or designated recipient, or Ellianos’s delivery to the carrier, whichever is applicable.

You are responsible for safeguarding your Gift Card from unauthorized use. Ellianos is not responsible if any Gift Card is lost, stolen, or destroyed or if your Gift Card is used without your permission. Ellianos will not replace or replenish Gift Cards that are lost, stolen, or used without authorization.

Beware of gift card scams. Do not share your Gift Card number and PIN if you are NOT purchasing an item from Stores or Online. You can report potential scams to your local law enforcement and the FTC (reportfraud.ftc.gov). There are a variety of gift card scams that request payment by a gift card. Go to FTC.gov/giftcards to learn more about gift card scams. Ellianos is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any gift card.

5. EXPIRATION OF GIFT CARDS

Gift Cards never expire or accrue fees.

6. VIOLATION OF THESE TERMS; SUSPENSION; FRAUD

By Using a Gift Card, you agree to comply with our Terms and not Use a Gift Card in a way that is harmful to Ellianos, its affiliates, or its guests. If you engage in a prohibited activity that violates our Terms, company policies, or that, in our sole discretion, disrupts or harms our customers, reputation, goodwill, business, or operations, we may take additional action(s) against you and impose restrictions on Gift Cards, including Gift Card balances, services, and accounts, orders, and purchases.

We reserve the right, without prior notice, at any time and in our sole discretion to (i) prohibit you from purchasing, claiming or redeeming, or reloading Gift Cards; (ii) void, limit, modify, deactivate, suspend, or refuse to accept Gift Cards (including as a component of your Online balance) without a refund; (iii) cancel or limit orders and fulfillment (including orders relating to Gift Cards and balances used to make purchases); or (iv) close or suspend accounts and access to our services. This may occur under certain situations, including, but not limited to (a) if a Gift Card was obtained, used, or applied to an Online account or used as payment in a manner suspected of being fraudulent, illegal, or in violation of our Terms and policies; (b) if the Gift Card balance uploaded or applied to an Online account exceeds a legal or regulatory limit; (c) if we experience an issue with the on-file payment (e.g., insufficient funds) and/or need to verify information for payment to clear; and/or (d) if an update or change in law imposes new legal requirements.

7. COMPLIANCE WITH LAWS

Your Use of a Gift Card certifies and represents to Ellianos that the activities in which the Gift Card will be used will comply with the Terms, all applicable laws, rules, and regulations and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair, or otherwise harmful to guests. In addition, you agree to defend and indemnify Ellianos and its subsidiaries and affiliates from and against any claims, expenses, or liabilities made against or incurred by any of them in connection with your Use of a Gift Card or violation of the Terms. You agree to release Ellianos from and against all claims and expenses you may have and liabilities you may incur in connection with your Use of the Gift Card or violation of any of the Terms.

8. NO PROMOTIONAL USE OR AFFILIATION WITH ELLIANOS

Gift Cards may be used as personal or business gifts but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

It is strictly prohibited to use Ellianos’s name, logo, trade dress (including any image/likeness of the Gift Cards), or intellectual properties, including without limitation, trademark and copyright, in connection with Gift Cards in any way that states or implies that any person, website, business, product, or service is endorsed or sponsored by or otherwise affiliated with Ellianos or any of its subsidiaries or affiliates.

9. LIMITATION OF LIABILITY

ELLIANOS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

10. DISPUTES

Any dispute relating in any way to Gift Cards, and the Use thereof, will be resolved in accordance with Section 14 “Governing Law; Arbitration and Class Action Waiver” in the General Terms of Use.

NOTE, THIS SECTION MAY LIMIT CERTAIN RIGHTS. PLEASE REVIEW THE ELLIANOS TERMS OF USE FOR FURTHER INFORMATION.

11. GENERAL

i. Governing Law

When you purchase, receive or redeem a Gift Card, you agree to the governing law provision in accordance with Section 14 “Governing Law; Arbitration and Class Action Waiver” in the General Terms of Use.

ii. Third-Party Gift Card Providers

Ellianos utilizes third-party providers to issue, administer, and provide Gifts Cards to you. Ellianos may terminate or modify the relationships with such providers without notice to you. No unlicensed vendor may resell a Gift Card under penalty of law; unlawful resale or attempted resale may result in seizure and cancellation without compensation.

These Gift Cards Terms and Conditions were last updated October 2, 2023.

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