Welcome to East Bay Deli. These Terms of Service (“Terms”) govern your access to and use of our website located at eastbaydeli.com, and any related online services, including online ordering, gift card purchases, loyalty or promotional programs, and other digital features we make available (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
The Services are operated by DELIcious Management Company, Inc. (“Company,” “we,” “us,” or “our”). These Terms apply to our branded restaurant locations and related digital services unless a specific location or service posts separate terms.
You must use the Services only in compliance with applicable law. If you place an order, make a purchase, or submit information through the Services, you represent that the information you provide is accurate and complete.
Menus, prices, hours, promotions, products, and availability may vary by location and may change without notice. Not all Services are available at all locations.
If we offer online ordering, you agree that:
If we offer waitlists, or catering inquiries through the Services:
Gift cards, discount codes, promotions, and loyalty rewards are subject to separate terms, conditions, exclusions, expiration rules where permitted, and availability. We may modify or discontinue any promotion or program at any time, subject to applicable law.
We may use third-party providers for online ordering, delivery, payment processing, gift cards, loyalty tools, analytics, or marketing. Your use of those third-party services may also be subject to their terms and privacy policies. We are not responsible for third-party platforms, except as required by law.
We aim to provide accurate menu and ingredient information, but menu items may be prepared in shared kitchens and may come into contact with allergens including, but not limited to, milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, and sesame. We cannot guarantee that any item is free from allergens or other ingredients.
If you have a food allergy or dietary restriction, please contact the restaurant location directly before ordering and inform staff at the time of purchase.
If you submit reviews, comments, photos, suggestions, survey responses, or other content to us (“User Content”), you grant us a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, display, publish, adapt, and distribute that User Content in connection with our business and marketing.
You represent that:
The Services, including our trademarks, logos, brand elements, text, images, graphics, menus, website design, and other content, are owned by or licensed to us and are protected by applicable intellectual property laws.
You may use the Services only for personal, non-commercial use unless we provide written permission otherwise.
We try to keep information on the Services accurate, but we do not guarantee that menus, prices, descriptions, hours, nutrition details, allergen information, promotions, or other content will always be complete, current, or error-free.
We reserve the right to correct errors or update information at any time without prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DELICIOUS MANAGEMENT COMPANY, INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US THROUGH THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100.
You agree to defend, indemnify, and hold harmless DELIcious Management Company, Inc., its affiliates, and their respective officers, directors, employees, and agents from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or third-party right.
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in South Carolina, and you consent to that jurisdiction and venue.
We may update these Terms from time to time. Your continued use of the Services after updated Terms are posted means you accept the revised Terms, to the extent permitted by law.
If you have questions about these Terms, please contact us at comments@eastbaydeli.com
