Terms & Conditions

Introduction

This website is operated by RANK + RALLY, LLC on behalf of Levy Restaurants and/or its affiliated entities. This page states the "Terms of Use and Privacy Policy" under which you may use the Site. Therefore, please read this page carefully. Your authorization to use the Site is conditioned on your agreement with and acceptance of this Terms of Use and Privacy Policy. By using this Site, you are indicating your acceptance to be bound by this Terms of Use and Privacy Policy and any future revisions thereto. We may revise this Terms of Use and Privacy Policy at any time by updating this posting (with any such revisions being immediately after being posted on the Site). Your continued or subsequent use of the Site after such revisions have been made will constitute your acceptance of such revised Terms of Use and Privacy Policy. For this reason, you should visit this page periodically to review this Terms of Use and Privacy Policy. As used in this Terms of Use and Privacy Policy, the terms "Company," "we," "us" and "our" refer to RANK + RALLY, LLC. To the extent the websites of any third party, our subsidiaries or our Affiliates (meaning any entity that directly or indirectly controls, is controlled by, or is under common control with a party) contain terms of use and/or privacy policies that may apply to this Site and are inconsistent with any terms in this Terms of Use and Privacy Policy, the language in this Terms of Use and Privacy Policy shall control for this Site. By accessing and using the Site, you represent and warrant that all information you provide is truthful and accurate, and that you are 18 years of age or older. The Site is intended for use by residents of the United States or non-residents that agree to use the Site in accordance with the laws of the United States and this Terms of Use and Privacy Policy. By accessing, using, or ordering from the Site, you represent and warrant that you meet these residency requirements.

 

Site Content

You acknowledge that the Site contains information, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, sound, images and other material (collectively, the "Content") that are protected, individually and collectively, by copyright, trademark, patent or other proprietary rights of the Company or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Terms of Use and Privacy Policy or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Terms of Use and Privacy Policy, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon. You agree to comply with all laws relating to copyrights, trademarks or patents, in your use of this Site, and to prevent unauthorized copying of the Content. Concerning certain, designated Content, you may make a single copy of the Content, provided that the copy is made only for your personal, informational and non-commercial use and that you do not alter or modify the Content in any way. You must not delete or alter any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, modify or distribute in any way the Content without obtaining permission of the owner of the copyright or other proprietary right. Your access and use of the Site in accordance with this Terms of Use and Privacy Policy does not give you any right or interest in any Content or other information available on the Site, which at all times shall remain the property of the Company or other owner.

Privacy Policy

a. Information Gathered By the Company. In general, we gather information about all of our users collectively, and not on an individual basis, for purposes such as determining which parts of our Site users access most frequently. This information helps us determine which parts of our Site are most beneficial for users, and how we can continually create a better overall experience for you. We only use such data in the aggregate and anonymously.

Information About You Specifically.

In some instances, e.g., in the “Careers” and “Press Room” sections of the Site, we allow you to provide us with specific information about you, such as your name, address, email address, telephone number or other pertinent information. If you elect to provide us with your personal information, we may use that information to make you aware of employment opportunities with the Company, to provide you with certain of our publications or to notify you of other information regarding the Company. If you provide us with your personal information, but later change your mind, simply contact us using the information below in the section Your Rights and Choices About Your Personal Information, below.

General Information Disclosure.

Except as described in this Terms of Use and Privacy Policy, we do not disclose information about your individual visits to our Site, or personal information that you provide, such as your name, address, email address, telephone number, etc., to any persons or firms (please see How We Use and Share Personal Information for more). We employ other companies and individuals to perform functions on our behalf. Examples may include hosting our Web servers, analyzing data and providing customer service. These other companies will have access to your personal information as necessary to perform their functions, but they may not share that information with any third party.

b. Cookies. To enhance your experience on our Site, we use a feature on your Internet browser called a “cookie”. Cookies are small files that your Web browser places on your computer’s hard drive. They are used for a variety of reasons, such as remembering user names and passwords and preferences, tracking click streams, and for load balancing. By using cookies, we can deliver faster service, consistent, updated results, and a more personalized experience on our Site. Your browser gives you the option to reject cookies. However, setting your browser to reject cookies generally hinders the browser’s performance and will adversely affect your experience while using our Site.

c. How We Use and Share Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information;
  • To provide, support, personalize, and develop our Websites, products, and services;
  • To create, maintain, customize, and secure your account with us;
  • To process your requests, purchases, transactions, and payments, to confirm and communicate with you about appointments and products, and to prevent transactional fraud;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law);
  • To help maintain the safety, security, and integrity of our Websites, products and services, databases and other technology assets, and business;
  • For testing, research, analysis, and product development, including to develop and improve our Websites, products, and services;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred.

d. Your Rights and Choices About Your Personal Information

Access to Information and Opting-Out

We strive to keep your personal information accurate. We will provide you with access to your information upon request, including making reasonable efforts to provide you with online access to your information. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting you access or enabling you to make updates or corrections.

 

Your California Privacy Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not disclose personal information to any third parties for their direct marketing purposes.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see section Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.), or other data privacy or security laws.
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

  • Clicking on the "Privacy Request" link found on the Site and completing the form
  • Calling us toll-free at 1 (833) 935-1141

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

e. California Non-Discrimination Disclosure

We will not discriminate against you for exercising any of your California privacy rights under the California Consumer Privacy Act. For example, if you exercise your California privacy rights, we may not on that basis:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

f. Children.

We do not collect information from children. Children must provide their parents’ consent before giving out personal information. Please let us know if you are concerned that your child has provided personal information to us, so that we may delete it, by contacting us using the information below.

g. Concerns About Our Privacy Policy.

If, at any time, you have questions or concerns about our commitment to privacy, please click here to contact us.

 

Disclaimers and Limitations on Liability

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS (COLLECTIVELY, THE "PROVIDERS"), WARRANT THAT (i) USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION, CONTENT, ADVICE OR OPINIONS PROVIDED ON OR THROUGH THE SITE IS ACCURATE, COMPLETE, RELIABLE OR CURRENT; OR (iii) THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS. 

 

THE SITE, AND YOUR ACCESS TO IT, IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY WARRANTY. 

 

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY LINKED WEBSITE. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

 

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS, REASONABLE ATTORNEYS' FEES AND LIABILITIES THAT ANY OF THEM MAY SUSTAIN ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE SITE OR ANY INFORMATION OR CONTENT CONTAINED ON THE SITE.

 

Errors and Inaccuracies, Product Specifications

The Site may contain technical inaccuracies or typographical errors or omissions in connection with information displayed on the Site, including without limitation rates, fees, or availability. We are not responsible for any typographic, photographic, technical, or pricing errors listed on the Site. We reserve the right to make changes, corrections, and improvements to the Site, and to the products described in such information, at any time without notice, including after a confirmation of an order. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available at any particular time. Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price that that stated on the Site. In the event a product is displayed or listed at an incorrect price due to an error, we reserve the right to cancel your order of such product, regardless of whether the order has been confirmed or your payment method has been charged. If your payment method has already been charged and your order is cancelled, we will refund any such charges within a commercially reasonable time after cancellation. The color and appearance of products you see may vary based on your monitor, device, or system settings, and we do not guarantee the accuracy of colors or product details. We do not guarantee the accuracy or completeness of descriptions or other content. We reserve the right, without notice, to limit the order quantity of any product, to refuse service to any customer, or to cancel any order, including after it is submitted. We may require additional information or verifications prior to the acceptance or shipment of your order. With respect to the shipment of products sold through the Site, risk of loss and title for purchased items pass to you upon delivery of the items to the carrier. You are responsible for filing any and all claims with carriers for damaged, lost, or undeliverable shipments.

 

Links to Third-Party Websites

Occasionally, we may make available a link to a third party's Website. These links will let you leave the Site. The linked sites are not under our control and we are not responsible for the contents or security of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for Webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse, and make no warranty or representation regarding, any such site or its use or contents. Links do not imply that we are affiliated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links.

 

Unsolicited Submissions

We are pleased to hear from our customers and site users and welcome your comments regarding our Company and the Site. If you send us comments, suggestions, ideas, concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property, and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.

Applicable Law

We maintain the Site from our offices within the United States of America. We make no representation that the Content in the Site is appropriate or available for use in any jurisdiction, and access to them from locations in which such Content is illegal is prohibited. Those who may choose to access the Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of US export laws and regulations. Any claim relating to the Site or the Content shall be governed by the internal laws of the state of North Carolina, without reference to its choice of law provisions, and shall be resolved solely through proceedings held within the state of North Carolina.

 

Termination

This Terms of Use and Privacy Policy is effective until terminated by either party. If you no longer agree to be bound by this Terms of Use and Privacy Policy, you must cease all further use of and access to the Site, and any notification of termination or other rejection of this Terms of Use and Privacy Policy is conditioned on such cessation. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the Site with or without notice. You agree that any termination of your access to the Site may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.

 

General Information

This Terms of Use and Privacy Policy constitutes the entire agreement between us (i.e., you and the Company) and governs your use of and access to the Site. You agree to be bound by this Terms of Use and Privacy Policy, as well as any modifications thereof after we have posted the modified Terms of Use and Privacy Policy on the Site. Our failure to exercise or enforce any right or provision of this Terms of Use and Privacy Policy on any occasion shall not constitute a waiver of such right or provision. If any provision of this Terms of Use and Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties agree that all other provisions of this Terms of Use and Privacy Policy remains in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the Site or this Terms of Use and Privacy Policy, must be filed within one year after such claim or cause of action arose or be forever barred.

Copyrights

All content on the Site is protected by copyright, trademark, and other applicable laws. Names, logos, and other marks are the exclusive property of us, our Affiliates, or Partner Entities, and may not be used or reproduced without prior written authorization. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:

 

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  3. Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
  4. Your address, telephone number and email address.
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You should send your notice of copyright infringement concerning the Site to us using the "Contact Us" link on the Site. We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.

3/20/2020, 11:27:09 AM