Sign In / Register Earn Rewards Find Us OUR MENU HOW IT WORKS REWARDS LOCATIONS ORDER TERMS OF SERVICE TERMS OF SERVICE Genghis Grill Terms of Use Agreement Effective Date: December 17, 2018 Welcome to Genghis Grill! Grill Group, LLC (“we,” “us,” “our,” or “Genghis Grill”) owns and operates https://www.genghisgrill.com (the “Site”) and licenses a mobile application (together with all documentation and updates, the “App”). The App is available through the iTunes store and the Google Play store. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”), along with Genghis Grill’s Privacy Policy (www.genghisgrill.com/terms) apply to your use of the Site, the App, and other services offered at the Site (collectively, our “System”). Participation in the Genghis Grill rewards program (“Rewards Program”) is governed by the Rewards Terms, which are hereby incorporated by reference into these Terms. Your use of our System or participation in the Rewards Program means that you accept and agree to these Terms. If you do not agree to these Terms or our Privacy Policy, do not download or install the App or use or access any part of the System or participate in the Rewards Program. We may revise and update these Terms in our sole discretion, and will post any updates to the Terms on the Site and in the relevant App stores. Your continued use of our System, or any other service provided through the System, means that you accept and agree to the modified Terms of Use. A separate Privacy Policy and User Agreement governs your use of and orders through the website orders.genghisgrill.com and through the App. Your Account Use of parts of the System may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must: Be eighteen years of age or older. Children under eighteen may use our System solely through an account owned by a parent or legal guardian with their permission and supervision. The System is not intended for children under the age of 13; Provide accurate information; and Keep your log-in and password secure. You may delete your account by contacting us at rewards@genghisgrill.com. Genghis Grill reserves the right, in its sole discretion, to suspend or terminate your accounts and access to or use of the System at any time if Genghis Grill believes you have acted in violation of these Terms, Genghis Grill’s Privacy Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, your access to the System will cease. Access to the System We reserve the right to delete or amend the System and any service or material we provide on System, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System. Intellectual Property and Prohibited Uses You are granted a non-exclusive, non-transferable, revocable license to access and use the System for your personal use. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. Through use of the App, you consent to automatic software updates of the App. You may not use the System in any manner that could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our franchisees or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. You will not access the App via any means other than through authorized distributor platforms. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms. Reliance on Information Posted The information presented on or through the System is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We may update the System from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the System may be out of date at any given time, and we are under no obligation to update such material. Any reliance you place on information presented on or through the System is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the System, or by anyone who may be informed of any of its contents. Links to Other Websites and Connecting through Social Media The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website or social media icon on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties. Indemnification You agree to indemnify, defend, and hold harmless Genghis Grill, its franchisees, officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms, your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. Electronic Communications Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account or uninstalling the App. Warranty and Limitation of Liability GENGHIS GRILL AND/OR ITS FRANCHISEES, AFFILIATES, OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GENGHIS GRILL AND/OR ITS FRANCHISEES, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GENGHIS GRILL AND/OR ITS FRANCHISEES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GENGHIS GRILL OR ANY OF IT FRANCHISEES, AFFILIATES, OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM AND TO UNINSTALL ANY INSTALLED APP. Geographic Restrictions The System is controlled, operated, and administered by Genghis Grill in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Governing Law, Venue and Jurisdiction These Terms shall be treated as though they were executed and performed in Texas, and shall be governed by the laws of the State of Texas and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Dallas, in the State of Texas. Miscellaneous Terms These Terms of Use, together with our Privacy Policy and any documents referred to in the Terms of Use and Privacy Policy, are the entire agreement between you and us related to your use of the System. No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Contact Information To contact us, email us at rewards@genghisgrill.com . GP:4848-3996-1473 v1 Franchise Careers Nutrition Locations Accessibility News & Media Gift Cards Contact © 2021 Genghis Grill. All rights reserved. Terms of ServicePrivacy Policy