End User Agreement

TERMS OF USE

Welcome to Granite City, where our mission is to consistently exceed our guests’ expectations. Granite City, Inc. (“we,” “us,” “our,” or “Granite City”) owns and operates www.gcfb.com (the “Site”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”), along with Granite City Privacy Policy to your use of our Site and any other services offered on or through the Site(collectively, our “System”).

Participation in the Granite City Rewards Program (“Rewards Program”) is governed by the Rewards Program Terms and Conditions ,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 use any part of the System or participate in the Rewards Program.

We reserve the right to modify these Terms from time to time and will mark new versions with a corresponding effective date. We recommend you visit the Site to review any changes in our practices. 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 gcfb.olo.com. Granite City mobile application is governed by its own Privacy Policy and End User License Agreement.

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 16;
  • Provide accurate information; and
  • Keep your log-in and password secure.

You may delete your account by contacting us at loyalty@gcfb.net. Granite City 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 Granite City believes you has acted in violation of these Terms, Granite City 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 the 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.

You give us permission to email you information about your use of the System. You may opt-out of receiving some or all electronic communications by following the instructions included on those electronic communications or by contacting us at loyalty@gcfb.net.

PROHIBITED USES

Prohibited Conduct: Granite City reserves the right to investigate and take appropriate action, including legal action, against anyone who, in Granite City sole discretion, violates these Terms or any applicable laws and regulations. Granite City may also suspend or terminate the accounts of violators and report such user to law enforcement authorities.

You are granted a non-exclusive, non-transferable, revocable license to access and use the System. 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.

You agree to not use the System to:

  1. interfere with or disrupt the Site, System or servers and networks or disobey any requirements, procedures, policies or regulations of networks, including by (i) disabling or circumventing features that prevent or limit use; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the System except as expressly permitted by applicable law;
  2. violate any applicable local, state, national or international law, rule, or regulations, or cause Granite City to violate any law, rule, or regulation;
  3. perform any fraudulent activity, including impersonating any person or entity, or falsely state or otherwise misrepresent your or any individual’s affiliation with entity;
  4. access or attempt to access any material or information through means not intentionally made available to you;
  5. interfere with the operation of the Site, System or any System user’s enjoyment of the System, including the uploading or disseminating any virus, adware, spyware, worm, or other malicious code;
  6. copy, reproduce, distribute, perform, display, sell, offer for sale, license, or otherwise convey any materials or information available on or through the System to which the you have no such legal rights; or
  7. attempt to do any illegal acts or acts proscribed in this Terms, or to assist or permit any person in engaging in any such acts.

Commercial Use: Unless otherwise expressly authorized in these Terms or other agreement with you, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, offer for sale, resell, exploit, transfer for any commercial purposes, any portion of the System.

INTELLECTUAL PROPERTY RIGHTS

All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software or other content used on the System (“Intellectual Property”), is our property or the property of our 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 Intellectual Property, in whole or in part, found on the System. Our Intellectual Property is not for resale. Your use of the System does not entitle you to make any unauthorized use of any Intellectual Property, 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 or our licensors’ Intellectual Property, except as expressly authorized by these Terms.

Third Party Material: The System, including content referenced therein, may include or incorporate third party material. These third parties are not under Granite City control. Under no circumstances, to the fullest extent permitted by law, will Granite City, its directors, officers, employees, affiliates, and assigns be liable in any way for any materials of any third parties, including, but not limited to, for any errors or omissions in any material, or for any loss or damage of any kind incurred as a result of the use, reproduction, distribution, performance, or display of any third party material on or through the System. You agree that you must evaluate, and bear all risks associated with the use of any third party material, including any reliance on the accuracy, completeness, or usefulness of such material.

LINKS TO OTHER WEBSITES AND CONNECTING THROUGH SOCIAL MEDIA

The System may contain hyperlinks to websites operated by third parties. We do not control or endorse such websites and will not be responsible for their content, or for damages related to third party sites or services, including 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

To the fullest extent permitted by law, you are responsible for your use of the System. You release and agree to indemnify, defend, and hold harmless Granite City, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the System, (b) any claim that your content violates rights of a third party, including intellectual property, publicity, confidentiality, other property, or privacy rights, (c) your violation of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation, or any dispute or issue between you and a third party. We reserve the right, at our sole 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.

WARRANTY

GRANITE CITY AND/OR ITS 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. GRANITE CITY AND/OR ITS 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.

GRANITE CITY MAKES NO WARRANTY THAT THE SYSTEM OR ANY PORTION OF THE SYSTEM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SYSTEM (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, (C) THAT THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SYSTEM WILL BE ACCURATE OR RELIABLE, OR (D) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SYSTEM WILL YOU’RE YOUR EXPECTATIONS, AND GRANITE CITYDOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANITE CITY AND/OR ITS 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, FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), 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 ANY APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GRANITE CITY OR ANY OF ITS 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, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.

UNLESS OTHERWISE PROHIBITED BY LAW, THE MAXIMUM LIABILITY OF GRANITE CITY ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION WILL NOT EXCEED THE AMOUNT PAID BY YOU TO GRANITE CITY FOR USE OF THE SYSTEM. IN STATES WHERE THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE ARE NOT ALLOWED, GRANITE CITY IS RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF THESE TERMS.

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 or email us at loyalty@gcfb.net . There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.

GEOGRAPHIC RESTRICTIONS

The System is controlled, operated, and administered by Granite City 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 Minnesota, and shall be governed by the laws of the State of Minnesota 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, 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 Hennepin, in the State of Minnesota.

MISCELLANEOUS TERMS

These Terms of Use, together with our Privacy Policy and any other documents referred to in these Terms or the 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 loyalty@gcfb.com.  

Effective Date: October 15, 2021

 

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