TERMS OF USE
Gift Cards Terms and Conditions
Terms and Conditions
Safe Harbor Notice
By using The Capital Grille site (the “Site”) you are agreeing to be bound by the following Terms and Conditions:
Gift Card Terms and Conditions:
This Gift Card is issued by and represents an obligation of Darden SV, Inc. ("Darden SV"). Each time you use it, we'll deduct that amount from the balance until you've used the full balance of the card. You can add to the card balance at any time. (1) Except where required by law, this gift card is not redeemable for cash. (2) We can't replace it if it's lost or stolen. (3) It may also be used at any Red Lobster, Bahama Breeze, Seasons 52 or any other Darden restaurant. (4) Darden SV approval required to advertise this card. (5) Valid in U.S. only.
For Gift Card balance and activity visit www.thecapitalgrille.com or call toll-free 1-877-230-4120.
© 2011 Darden Concepts, Inc.
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Terms and Conditions
1. The trademark The Capital Grille® as well as certain logos and other Marks used in the Site (the “Marks”) are owned by Darden Concepts, Inc., a wholly owned subsidiary of Darden Restaurants, Inc., and used under license by its affiliated companies. You may not use the Marks displayed on this Site, or any other content on the Site, except as provided in these Terms and Conditions. Any other use is strictly prohibited and The Capital Grille will take all necessary action to enforce its rights.
2. You should assume that everything you see or read on this Site is copyrighted and may not be used except as provided in these Terms and Conditions. You may download one copy of the contents of the Site to one computer for your personal and noncommercial home use provided you do not change any copyright, trademark, or other proprietary notice. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of Darden Concepts, Inc. which it vigorously protects. Any reposting of Darden recipes or other intellectual property may only be done with Darden's permission, and all recipes posted or published by a user must: be accurate and unchanged, provide appropriate attribution to Darden Concepts, Inc. © 2011, and include a link to the website from which the recipe was copied.
3. The Site provides you an opportunity to communicate with us. Please be aware that any communication, whether it be suggestions, ideas, graphics, or other material, to The Capital Grille through the Site or otherwise will be treated as non-confidential and nonproprietary. Anything you submit, transmit, or post becomes the property of Darden Restaurants, Inc., or its affiliates ( hereinafter "Darden") and Darden is free to use, without being limited thereto, any ideas, concepts, suggestions, graphics, photography, or know-how contained in any communication for any purpose whatsoever, whether commercial or noncommercial, without payment of any compensation to you.
4. The Capital Grille has used reasonable efforts to include accurate and up-to-date information on the Site; however, it makes no warranties or representation as to the accuracy of its contents. Neither The Capital Grille nor Darden assume any liability or responsibility for any errors or omissions in the contents of the Site.
5. This Site and all content, included or available therein, are provided "As Is" and "As Available" with all faults. IT IS NOT INTENDED TO PROVIDE LEGAL, ACCOUNTING OR TAX ADVICE AND SHOULD NOT BE RELIED UPON IN THAT RESPECT. THE CONTENT IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY (ALL OF WHICH ARE DISCLAIMED). The Capital Grille does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any content is accurate or correct. Your use of this Site is solely at your own risk. Because some jurisdictions do not permit the exclusions of certain warranties some of these exclusions may not apply to you. Under no circumstance shall The Capital Grille, its parent, subsidiaries, or affiliates and each of the foregoing directors, officers, employees, agents, contractors, counsel, successors and assigns be liable for any damages or injury whether direct, indirect, punitive, incidental, special or consequential that results from the use of or inability to use this Site or any portion thereof including, without being limited thereto, any offering that may be made therein. This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if The Capital Grille had been advised of the possibility of such liability. The total liability of The Capital Grille to you for all losses, damages and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access the Site. You may bring no claim against The Capital Grille more than one (1) year after the action arose. Because some jurisdictions do not allow the exclusion of incidental or consequential damages the liability of The Capital Grille in such jurisdiction shall be limited to the extent permit by the law thereunder.
6. The Capital Grille makes no representation about any other site that you may access through its Site and is not responsible for the contents of or from any other site. Unless expressly stated, The Capital Grille does not endorse any products or services offered by any company or person linked to its Site. You may not create a link to the The Capital Grille Site without first obtaining its written permission. You are subject to any use guidelines and terms applicable to other content or websites accessed by you through the The Capital Grille Site.
7. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any laws. The Capital Grille will fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
8. This Site is controlled by The Capital Grille from its offices within the United States of America. The Capital Grille makes no representation that all of the contents of the Site are appropriate or available for use in other locations, and access to the Site is prohibited from locations where some or all of the content is illegal. If you choose to access this site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use or export any contents of the Site in violation of U.S. export laws and regulations. Any claim relating to the Site content shall be governed by the internal substantive laws of the State of Florida without regard to its conflict of law principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in Orange County, Florida USA.
9. Any failure by The Capital Grille to enforce any of its right under these Terms and Condition or under applicable law shall not constitute a waiver of such rights. If any provision of the Terms and Conditions shall be deemed unlawful by a Court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These terms and conditions contain the entire agreement between you and The Capital Grille relating to your use of the Site.
10. The Capital Grille may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
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Safe Harbor Notice
Forward-looking statements in this website, if any, are made under the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Certain important factors could cause results to differ materially from those anticipated by the forward-looking statements, including the impact of changing economic or business conditions, the impact of competition, the availability of favorable credit and trade terms, the impact of changes in the cost or availability of food and real estate, government regulation, construction costs, weather conditions and other factors discussed from time to time in reports filed by the Company with the Securities and Exchange Commission.
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Privacy Policy
Last revised: November 1, 2011
Please read the Privacy Policy of The Capital Grille ("we," "our," or "us") carefully to learn about our information practices on our websites www.thecapitalgrille.com, www.thecapitalgrille.com/about/terms.asp, https://gift.thecapitalgrille.com/GiftCard/ and other websites operated by us (together, "Websites") and the choices you can make about the collection, use and disclosure of your information. The terms of our Privacy Policy apply to all users of our Websites. If you do not agree with the terms of our Privacy Policy, you should immediately stop using our Websites.
Information we collect about you
You may voluntarily provide us with your personal information, including the following information: name, physical address, email address, phone number, birth date as well as any other information you voluntarily provide. If you make a purchase on our Websites, we also will ask you for additional information, including the credit card number and expiration date, billing address, shipping address, name on the account and telephone numbers for the billing and shipping addresses.
Our Web servers automatically identify the Internet Protocol addresses of each visitor, the type of browser used, the pages viewed and the website last visited before visiting our Websites.
How we use your information
We may use your personal information for any of the following purposes: (1) to understand the use of our Websites and make improvements; (2) to fulfill prizes; (3) to register visitors for online activities, including online ordering, sweepstakes, contests, surveys, employment applications, comment forms or any other online interactive activities; (4) to respond to specific requests from visitors; (5) to obtain parental consent from visitors under 18 years of age, when necessary; (6) to provide any necessary notices to visitors or their parent or legal guardians if situations prompt such notification; (7) to protect the security or integrity of our Websites if necessary; (8) to send newsletters and notices of special promotions, offers or solicitations through your selected opt-in methods and (9) in general, to promote and market our business and various products.
In addition, from time to time, we may market certain third party services through our Websites. Should you choose to accept an offer from a third party, we will pass your relevant personal information, which may include your name, address and credit card information, to that third party.
How we disclose your information
We are a part of Darden Restaurants, Inc. Darden includes the following concepts: Bahama Breeze, The Capital Grille, LongHorn Steakhouse, The Olive Garden, Red Lobster, and Seasons 52. Darden operates under a number of affiliates, including GMRI, Inc., Darden Concepts, Inc. and Rare Hospitality Management, Inc. (collectively "Darden"). We may share personal information collected on our Websites with any affiliate of Darden, its franchisees and any other future affiliates. Our Privacy Policy applies if we share your personal information collected on our Websites with any other Darden affiliates. If you choose to provide your personal information to other members of Darden through their respective websites, then their respective privacy policies will apply.
We will not sell, rent, loan, transfer or otherwise disclose any personal information to third parties except as set forth in our Privacy Policy. We may share personal information with third parties under the following circumstances: (1) in connection with a court order, subpoena, government investigation or when otherwise required by law; (2) in the event of a corporate sale, merger, acquisition, bankruptcy or similar event; (3) working with third party companies to support the technical operation of our Websites or execute a specific promotion or program (such as providing responses to the Contact Us page, conduct surveys, or maintain a database of visitor information, etc.); (4) in connection with marketing certain third party services through our Websites or (5) working with third parties that provide services on our behalf and that may use the information solely in conjunction with the specific services they provide for us, including handling e-mail, processing credit card payments, administering sweepstakes, deploying surveys and handling guest complaints.
Some of these third parties may be involved in administering or supplementing our databases and will need to have access to the information in order to do so. For example, we may retain a third party to verify the accuracy of information within our databases or to gather additional information about individuals within our databases from commercially available sources.
Personal information we may receive from third party social networking services
If you choose to access or make use of third party social networking services (for example, Facebook or other services), we may receive personal information about you that you have made available to those services, including the geographic location of your mobile device and information about your contacts on those services. Some social networking services allow you to push content from our Websites to your contacts or to pull information about your contacts so you can connect with them on our Websites. Some social networking services also will facilitate your registration for our Websites or enhance or personalize your experience on our Websites. Your decision to use a social networking service will always be voluntary. However, you should make sure you are comfortable with the information your third party social networking services may make available to our Websites by visiting those services’ privacy policies and by modifying your privacy settings directly on those services. Any personal information we receive through third party social networking services may be used as described above.
Access
We want to keep your personal information accurate. You can correct or update the personal information you have provided. You may contact our Guest Relations department at 407-245-6908 to request a change to your personal information.
Our Websites may allow you to choose to receive or stop receiving communications from us. You may opt out of email programs at any time by following the opt-out instructions provided in the email you receive. You can prevent further use of your personal information by contacting our Guest Relations department at 407-245-6908.
Cookies
We may use cookies, which are small files placed on your hard drive to identify you when you visit our Websites. We use this technology to provide you with a more customized browsing experience. You may set your browser to refuse the cookies, but there may be pages on our Websites that you will not be able to access if you do.
Cookies also enable us to learn which advertisements bring users to our Websites. Together with our ad management partner(s), we use this information to help us manage online advertising. The information collected by cookies does not contain personal information (for example, name, physical address or email address).
We also utilize a third party to track and analyze usage and volume statistical information from the customers of our Websites to improve the quality of our Websites. No data collected by a third party on our behalf may be owned or used by that third party.
Security
We take reasonable security measures to protect personal information submitted by users from loss and misuse, but cannot guarantee that these measures will prevent a third party from circumventing them and unlawfully intercepting or accessing transmissions or private communications or where an error may occur in the administration of our Websites. Some emails sent to or from our Websites may not be secure. Please consider this when sending information to us by email. Accordingly, we recommend that you use caution whenever submitting personal information online.
Links to other websites
Our Websites may contain links to other websites that we may not own or operate. We neither can control nor are responsible for the privacy practices or content of these other websites. We encourage you to read the privacy policies of every website that collects personally identifiable information. Our Privacy Policy applies solely to personal information collected on our Websites.
Children’s privacy
We do not knowingly collect any personal information from children under age 13 from our Websites. If you have reason to believe that we have information about a child under age 13, please immediately contact our Guest Relations department at 407-245-6908.
United States only
Our Websites are intended for use by residents of the United States of America only. All matters relating to our Websites are governed by the laws of the State of Florida in the United States. If you are located outside of the United States and you contact us, please be advised that any information you provide to us will be transferred to the United States and that by submitting information you explicitly authorize this transfer and the processing of this information within the United States.
Policy changes
We may modify, alter or update our Privacy Policy at any time, so we encourage you to review our Privacy Policy frequently. We will not provide individual notice to you of changes to our Privacy Policy, but when we make updates to our Privacy Policy, we will update the date at the top of our Privacy Policy.
How to contact us
If you have questions or concerns regarding our Privacy Policy or regarding your privacy, please contact us at info@thecapitalgrille.com, or by mail at:
1000 Darden Center Drive
Orlando, Florida 32837
(407) 245-4000 |
