Perkins Restaurant and Bakery - Terms and Conditions

Legal Statement

Terms of Use

This web site is owned and provided by The Restaurant Company of Minnesota, a Delaware corporation ("TRCM" or "Perkins"). TRCM is a wholly owned subsidiary of The Restaurant Company. The Restaurant Company conducts business under the name of "Perkins Restaurant and Bakery". Your use of this web site is subject to the terms and conditions contained in this Legal Statement and constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms, you should not use this web site or download materials from this web site. You should review this Legal Statement frequently. We reserve the right to change the terms and conditions at any time without notice.

Your use of this web site is limited to personal and noncommercial use unless other uses are expressly granted to you. You may download or make a single copy of material from this web site for your personal and noncommercial use. This authorization is not a transfer of title in the materials or in copies of the materials. You may not copy, distribute, modify, transmit, reuse, re-post or otherwise display this web site's content for public or commercial purposes without the express written permission of TRCM. Please forward any requests in writing to TRCM, Attn: Legal Department, 6075 Poplar Avenue, Suite 800, Memphis, TN 38119-4709.

Intellectual Property

Perkins® and any other mark designated by TRCM with ® or with ™ or SM are federally registered, or are properly filed with the U.S. Patent and Trademark Office, and are trademarks or servicemarks of TRCM or are licensed to TRCM. Unless otherwise indicated, this web site and its contents (including, but not limited to, all text, photographs, images, video, and audio) are the exclusive property of TRCM and are protected by copyright, trademark, trade dress, and other laws. © 2005 The Restaurant Company of Minnesota. All rights reserved.

Unauthorized use of the registered logos, copyrights, pictures, designs, names or phrases is prohibited by law. All other trademarks, if any, which may appear on this web site are the property of the respective trademark owner.

Submissions

Any unsolicited suggestions for product improvements, new product ideas or marketing ideas will be treated as non-proprietary and non-confidential and will become the property of TRCM for use without compensation in its sole and unlimited discretion. TRCM will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur liabilities for any similarities that may appear in future operations performed by TRCM, its related, affiliated or subsidiary companies. You acknowledge that you are responsible for whatever material you submit, and you, not TRCM will have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

Limitation of Liability and Disclaimer of Warranties

TRCM makes no representations or warranties as to the completeness or accuracy of any of the information contained on this web site, and makes no commitment to update such information. The contents of this web site are provided AS IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT. NEITHER TRCM NOR ITS DIRECTORS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THIS WEB SITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEB SITE, EVEN IF THERE IS NEGLIGENCE BY TRCM, ITS AGENTS OR CONTRACTORS, OR AN AUTHORIZED TRCM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY. IN NO EVENT SHALL TRCM'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Choice of Law and Enforcement

Except to the extent governed by the United States Trademark Act of 1946 or other Federal law, the agreement created by your use of this web site and any dispute arising out of or relating to your use of this web site shall be governed and interpreted by the laws of the State of Tennessee without regard to its conflict-of-laws provisions.

Authorized Use

Except as described otherwise, all materials on the Perkins web site are made available only to provide information about Perkins and its related or affiliated companies. TRCM controls and operates this web site from its headquarters in Memphis, TN, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this web site from other locations you are responsible for compliance with applicable local law.

Miscellaneous

If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this web site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this web site.

Privacy Policy

Your Privacy

At Perkins, we are committed to protecting your privacy. While visiting the Perkins web site you may be asked to provide information that personally identifies you (name, address, email address, date of birth, telephone number). The following are sample areas in the Perkins web site where we request personal information:

Franchise Inquiry
Financial/Investor Information
Request Information about Perkins Restaurants
Job Inquiries with The Restaurant Company d/b/a Perkins Restaurant and Bakery
Customer Feedback
Contest Entry
Kids Birthday Club

The information that we collect is on a voluntary basis. You may choose not to provide personal information and you still will be able to visit most of Perkins' web site. However, you will not be able to complete the activities listed above using the web site without providing us the required personally identifiable information. Please read on for more detail about our privacy policy.

What Information Do We Gather About Our Online Visitors, And How Do We Use That Information?

We gather information through two means - navigational information gathered when you visit our web site and information that you provide to us. Generally, the information we collect online helps us respond to your requests, deliver requested services to or for you, and personalize and continually improve your experience at Perkinsrestaurants.com.

Navigational Information

When visiting our web site, Perkinsrestaurants.com gathers navigational information about where visitors go on our web site. This information allows us to see which areas of our web site are most visited and thus, improve the quality of our visitors' experience by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (for example, domain type, browser version, service provider, IP address) may be collected, which provides additional information regarding the use of our web site, such as how many times a page on our web site is visited. Perkinsrestaurants.com uses this information on an aggregate basis to evaluate the effectiveness of our web site, to analyze trends and to administer the web site.

Information You Provide to Us and How We Use It

If you complete a "Contact Us" form on our web site, we may collect your name, e-mail address, phone number, mailing address and any information that you provide in the text of your message. Information provided in the "Contact Us" feature is only used to respond to your inquiries.

Depending upon which location guide feature you use on our web site, we may ask you to provide your address and/or your destination address. This information is used to provide you with the location information you request. Perkinsrestaurants.com also uses this information on an aggregate basis to analyze trends and help us determine what store information is most frequently accessed by our visitors.

Perkinsrestaurants.com does not sell, rent or trade the information that you provide to us at this web site. Perkins may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any preexisting Privacy Policy (unless, of course, the customer consents otherwise). Also, in the event that Perkins or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

You should also be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our web site, the site or the public.

Links

This web site may be linked to other web sites which are not maintained by Perkins. Perkins does not control and is not responsible for the content of any off-site pages or sites linked to this web site. The inclusion of a link to any web site does not imply affiliation with Perkins or endorsement by Perkins of the web site. We urge you to review the privacy policies on each link to ensure that you are comfortable with their privacy policies and practices. Your linking off-site pages or other sites is at your own risk.