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CARD TYPE: THE CAPITAL GRILLE (DARDEN VERSION)

Your purchase, use or acceptance of this Gift Card constitutes acceptance of the following terms and conditions. This Gift Card is issued by and represents an obligation solely of Darden SV, Inc. (“Darden”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (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) Darden approval required to advertise this card. (4) Valid at participating locations in U.S. only.

For Gift Card balance, activity and complete terms and conditions (including agreement to arbitrate and waiver of jury trial) visit www.thecapitalgrille.com or call 1-888-820-7219.

© 2016 Darden Concepts, Inc.

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CARD TYPE: EGIFT CARD THE CAPITAL GRILLE

Your purchase, use or acceptance of this eGift Card constitutes acceptance of the following terms and conditions. This eGift Card is issued by and represents an obligation solely of Darden SV, Inc. (“Darden”). Each time you use it, we’ll deduct that amount from the balance until you’ve used the full balance of the card. (1) Except where required by law, this eGift Card is not redeemable for cash. (2) We can’t replace the value on this card if it is lost or stolen. (3) It may be redeemed at Eddie V’s or any other Darden-connected restaurant but is only valid in participating locations in the United States. (4) Approval required to advertise this card. (5) May not be used to purchase alcohol where prohibited by law. (6) eGift Card does not expire. (7) eGift Card deemed purchased from and issued in the State of Florida. (8) The risk of loss and title to the eGift Card passes to the recipient upon electronic transmission of the eGift Card. (9) eGift Card balance may not be transferred to a physical gift card; however, eGift Card may be printed or reprinted for redemption.

For eGift Card balance, activity and complete terms and conditions (including agreement to arbitrate and waiver of jury trial) visit www.thecapitalgrille.com or call toll-free 1-888-820-7219.

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REWARDS

Effective 11/14/16

These Rewards Terms and Conditions (“Rewards Terms”) govern all aspects of participation in the Rewards Program (the "Program"), effective as of the date set forth above.

These Rewards Terms constitute a binding legal agreement in electronic form between you ("you,” "your,” "yourself,” and/or "Member") and GMRI, Inc. and its subsidiaries, affiliated companies, and third party service providers (collectively, “Company,” “Darden,” “we,” “our,” “us”).

These Rewards Terms are subject to interpretation by Darden in its sole discretion and are governed by Florida law without regard to the principles of conflicts of laws. These Rewards Terms are subject to periodic changes that Company may make in its sole discretion. Unless otherwise specified herein, all changes to these Rewards Terms and the participation requirements apply to all Members, including Members enrolled before the date the changes take effect. By participating in the Program or accepting any Program benefits or offers, you agree to these Rewards Terms, which may be updated from time to time and are available for review at www.thecapitalgrille.com/legal-notices and will supersede all previous versions of these Membership Terms. Members may use the Site/s in connection with their membership and subject to the Terms of Use, which are found at (need to decide how to execute where to point these due to 7 sets of terms) (the “Terms of Use”). Your continued participation in the Program constitutes acceptance of the most current Membership Terms. If you do not agree to these terms, you must elect not to join the Program.

PLEASE READ THESE REWARDS TERMS CAREFULLY. THESE REWARDS TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

Information and Guidelines
  1. Through this pilot program, Members can earn and redeem points at participating locations of restaurants owned and operated by GMRI, Inc. Participating restaurants are currently Olive Garden® (“Olive Garden Rewards”), LongHorn Steakhouse® (“LongHorn Steakhouse Rewards”), Bahama Breeze® (“Bahama Breeze Rewards”), Seasons 52® (“Seasons 52 Rewards”) The Capital Grille® (“The Capital Grille Rewards”) Eddie V’s® (Eddie V’s Rewards) and Yard House® (“Yard House Rewards”). Because this is a pilot program, only select locations of each restaurant are participating (“Participating Locations”).
  2. Points may be earned in multiple ways and may be exchanged for certain specific rewards (“Rewards”). Reward redemption and benefits are valid only at Participating Locations. Points and Rewards are not transferrable and have no cash or other monetary value.
  3. Members are responsible for checking for updates to the Program terms. Company may modify, alter, delete or add participating brands or locations; modify terms and conditions; or discontinue the Program at any time for any reason without prior notice. This includes modifying, altering, adding or deleting point values, changing expiration periods, redemption levels, conversion ratios and Program conditions for status without notice. In addition, Company may convert the Program and Members' points into different awards programs having different point values at any time without notice. This means the number of points needed to reach a reward level may be increased or decreased, the time for earning them reduced or extended, or the available rewards could be changed or removed.
  4. Company may terminate the Program, or any portion of it, at any time without further obligation to the Member. Regardless of the amount of time you participate in the Program, your right to accumulate additional Program points or other Program offers and claim rewards under the Program may be terminated and all accrued points in your account cancelled at any time in the sole discretion of Company.
Enrollment / Eligibility / Membership
  1. Only individuals that are 18 years of age or older may enroll in the Program. Corporations, groups and other entities are not eligible. Members may not maintain more than one account or share accounts.
  2. In order to complete enrollment into the Program, you have to provide your first name, last name, a valid and current email address, an active North American mobile telephone number and your birthdate. Only one Membership may be associated with a single email address and single telephone number. You may have one and only one Membership. Members who enroll by providing their mobile number to their server within the restaurant are considered only partially enrolled. To be fully enrolled and to redeem rewards, you will need to complete your full enrollment by providing additional information on the website, or at an in-restaurant device where available or by contacting customer service.
  3. There is no fee to join the Program, and a purchase is not required to become a member. By providing your information, you consent to us collecting, using and sharing your information in accordance with our current privacy policies and subject to these Rewards Terms.
  4. Program points in a Member's account do not constitute property of the Member, have no cash value, and cannot be transferred during or after the Member's life, by operation of law or otherwise.
  5. This Program pilot is only offered in select markets at this time. Company reserves the right to change or end the pilot Program at any time, without notice. If you are not yet a member, you can find out whether you’re near Participating Locations by visiting www.thecapitalgrille.com/rewards/participating-restaurant-locations.
  6. The Program may not be used for reselling or profit. Company may investigate any suspected violation of this provision, which may result in immediate termination of the Program account and forfeiture of corresponding points, benefits, and Rewards. Company reserves the right to void Program accounts associated with anyone who has engaged in deception, forgery, fraud or other abuses of the Program, including reselling Rewards, or violations of our intellectual property or other rights determined in the sole discretion of Company. Multiple accounts corresponding to the same person will be subject to termination without notice. If an account is terminated, all points, benefits and Rewards will be forfeited. Company reserves the right to deny membership if we deem your conduct to violate these Rewards Terms.
  7. You may cancel your membership in the Program at any time by contacting customer service.
  8. From time to time, Members may be eligible for sweepstakes, contests or other promotions. Participation in such events shall be subject to the terms, conditions and rules published at the time of such event and applicable state laws.
Earning Points
  1. Under the Program, Members can earn 1 point per $1 (USD) spent on dine-in, delivery, To-Go, and catering orders. Program points can be earned through qualifying purchases at Participating Locations only. Members can earn ½ point per $1 (USD) spent on private dining or contracted group dining events. Private Dining is available only at select brands and could be based on contract events only. Please inquire with the Restaurant location when booking your event.
  2. Points you earn or are awarded may be subject to taxation, for which you are solely responsible.
  3. Purchases through third-party delivery or dining services are not eligible for Points.
  4. Points are calculated using the purchase amount, excluding gratuities, purchase of gift cards, merchandise, service fees, or charitable items, and after any eligible discounts or Rewards have been applied and before sales or other taxes or state fees (“Qualifying Purchase”). The ability to earn points on alcohol purchases is not available at all restaurants, varies by location, and is subject to state and local laws.
  5. Points are earned upon completion of a Qualifying Purchase but may not available in your Rewards account for up to forty-eight (48) hours.
  6. We may, at our sole discretion, establish and offer you limited-time opportunities to earn additional bonus points. These opportunities will be featured on the Program website and may have different earning levels and expiration periods and are subject to change for any reason at any time.
  7. You may request a credit for any purchases or transactions that are missing from your account within 30 days of the original purchase by contacting customer service and submitting a request, including the required information. In order to receive credit for a net qualifying purchase, you must have the receipt information available, including restaurant name, restaurant location number, check number and date of purchase.
  8. Points expire only if there are no purchases (whether with dollars, rewards points or reward certificates) within a 120 day period. Reward certificates will be valid through the expiration date specified on the Reward.
Redeeming Points
  1. Members can use their points to redeem for various rewards that are listed on the website for each participating brand. There will be different rewards items featured or available at different point levels at different times. Specific terms and conditions of each reward item will apply to the rewards you redeem. The available rewards and the number of points required to redeem for them is subject to change at any time without notice.
  2. Limit of one reward/redemption per visit per member and cannot be combined with any other offer or coupon.
  3. Points cannot be used for gift cards, tax, or gratuity. Alcohol reward redemption rules vary by reward and by local and state laws and will vary by location.
  4. A Member can redeem their Points in multiple ways. A Member may simply login on an in-restaurant device at a Participating Location and select their desired Reward to be credited to their check. Points can be redeemed for rewards (including To-Go orders) at the desired participating brand website, or while dining you may inform the server in the restaurant you wish to redeem points for an eligible reward.
  5. Other exclusions and restrictions may apply. Unless otherwise indicated, each Reward will be valid until 11:59 pm local time on the expiration date specified on the Reward. All Rewards are subject to terms and conditions outlined on the Reward.
  6. If the purchase amount is less than the amount of the Reward, the difference will be forfeited.
Errors or Fraud

Company may adjust your Points account status or Points balance, at any time and without notice, due to any (A) computer error, (B) technical issues experienced by Company, (C) machine malfunction, (D) employee, customer, or other error, (E) fraud or other misuse of Points or the Program or (F) other reason which Company deems appropriate. All transactions involving Points are subject to review and verification by Company. All Points are for one-time use, and all transactions involving Points are final unless otherwise determined by Company. Any violation of these Rewards Terms may result in the confiscation or cancellation of your Points and the suspension or termination of your Membership.

Communications
  1. Program communications will be conducted through various channels, including but not limited to, in-restaurant devices, the Program website, email and SMS/text. If you provide Company with your mobile telephone number for promotional purposes you agree that Company may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. For help, text "HELP" to any text message you receive or contact 1-888-443-5176 for customer support. To quit, text "STOP" to any text message you receive. If you reply "STOP" Company may send you an additional message confirming your "STOP" request. Text messages may not be available on all mobile carriers. Click here for Privacy Policy. If you sign-up for additional mobile programs in connection with the Program, you may receive additional messages in connection with such program.
  2. Certain Member communications are transactional in nature (e.g. purchases that earn points, updates to profile information). Members cannot opt-out of these communications and will continue to receive such notices until Membership is terminated.
  3. Certain communications are considered promotional in nature. Members have the option of opting-out of these communications. Members can visit their profile at any time to update their communication preferences.
  4. Company expects Members to submit and maintain accurate and current information in connection with their Memberships. Such information includes name, email address and mobile telephone number. Members can change/update their account information by accessing their member profile, or contacting customer service.
  5. Company and affiliates reserve the right to make promotional offers available to members, based on purchase activity, Program participation or other factors solely at the discretion of Company.
Disputes
  1. You agree that by entering into these Rewards Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action.
  2. Any and all disputes Company or you has relating in any way to the rewards program or your relationship with the Company (including without limitation with respect to points, program data, your transactions with the Company, Company’s advertisements and disclosures, email and mobile SMS (text) messages Company sends to you, or the use or disclosure of any information about you), these rewards terms, privacy policies, terms of use, or your status as a Member (collectively, “program claims”) will be submitted to confidential arbitration in the federal judicial district in which you reside, except to the extent that you have, in any way, violated or threatened to violate any Company intellectual property right. Program claims include claims based on contract, tort (including intentional tort), fraud, agency, your or the Company’s negligence, statutory or regulatory provisions, or any other source of law.
  3. A Member who intends to seek arbitration must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be mailed to 1000 Darden Center Drive, Orlando FL 32837 Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration.

    All arbitrations required by these Rewards Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Rewards Claims is to be joined to an arbitration involving any other party subject to these Rewards Terms whether through class arbitration proceedings or otherwise. Unless Company and Member agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.

    For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

    To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against company in any court, or in arbitration, with respect to any program claims. This section (confidential arbitration) will survive the termination of the relationship between you and Company.

    Company or you may seek injunctive relief only in any state or federal court in Orange County, Florida, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Orange County, Florida USA for injunctive relief purposes. The arbitrator shall have no authority to issue injunctive relief.

    Notwithstanding anything to the contrary in these rewards terms, under no circumstances is company liable for any incidental, indirect, special, punitive, exemplary, or consequential damages. Your maximum recovery under any theory of liability shall not exceed the amount of points awarded to you by company during the first six (6) months preceding that act or omission which gave rise to your program claim(s).

How to Contact Us

If you have any questions about these terms and conditions or if you would like us to update information we have about you or your preferences and/or account, please contact us online at https://www.thecapitalgrille.com/contact-us or by phone at 1-844-724-9325.

You also may write to us at:

  • Legal
    Darden Restaurants, Inc.
    1000 Darden Center Drive
    Orlando, FL 32837

 

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Wireless Connectivity Terms and Conditions (November 2012)

You are about to access the Internet through a wireless hotspot provided by Darden Corporation (“Company”).  Company may operate this wireless hotspot or engage a third party to operate this wireless hotspot on its behalf.  Company is a Florida corporation having a place of business at 1000 Darden Center Drive, Orlando, FL 32837. Company and its affiliated companies own and operate the well-known Olive Garden®, LongHorn Steakhouse®, Bahama Breeze®, Seasons 52®, The Capital Grille®, Eddie V’s®, Wildfish Seafood Grille® and Yard House® restaurant chains throughout the United States and the world (individually, “Restaurant” or collectively, “Restaurants”). 

Company provides the wireless Internet connectivity, access, and features, as well as related services (the "Service") to guests at Company’s locations and at Restaurants. The use of the Service is governed by the wireless connectivity terms and conditions contained herein ("the Agreement"). You may only use the Service if you expressly agree to be bound by the terms and conditions of this Agreement each time you access the Service. Please read this Agreement carefully before accessing the Service. If you agree with and accept these terms and conditions, check the "I accept" box provided. By accepting these terms and conditions and accessing the Service, you warrant and acknowledge that: (1) you have legal capacity to enter into this Agreement or that your parent(s) or legal guardian(s) have consented to your use of this Service and accept this Agreement on your behalf, (2) you are an authorized guest of  a Company location or a Restaurant, and (3) you have read and understood, and agree to be bound by this Agreement.  In all events, by using this Service, you agree to be bound by these terms and conditions. If you do not agree to the terms of this Agreement, do not use the Service.

The terms and conditions of this Agreement govern and affect your use of the wireless Internet connectivity. These terms and conditions supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Company with respect to these Services and are not intended to and do not affect other transactions you may have with Company including, without limitation, the use of Company’s and the Restaurants’ websites.
  1. Service Access & Availability.  The Service is a public service provided by Company. Your access to the Service is completely at the discretion of Company, and your access to the Service may be blocked, suspended, terminated, slowed, or otherwise curtailed at any time for any reason including, but not limited to, any violation of this Agreement, actions that may lead to liability for Company, disruption of access to other users or networks, and violation of applicable laws or regulations. You must accept this Agreement each time you use the Service and it is your responsibility to review this Agreement for any changes prior to each use. As indicated below, Company reserves the right to change the terms and conditions of the Agreement at any time, without prior notice.  Service is only available at designated Company locations and Restaurants; actual Service coverage, speeds, and quality may vary.  Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, lack of signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed.
     
  2. Use of Service.  You agree not to use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that could damage Company's property or others' property, or interferes with, harms or disrupts Company's system or other systems or other users. You will comply with all laws while using the Service and you will not transmit any communication or data that would violate any laws, court order, or regulation, or would likely be offensive or harmful to the recipient. You agree to cooperate with Company in any fraud investigation and to use any fraud prevention measures Company prescribes.  You agree not to use the Service for any fraudulent, unlawful, harassing or abusive purpose, or in any way that would damage or cause risk to Company's business, reputation, employees, facilities, or to any other person. Improper and prohibited use includes, but is not limited to:
    1. Using the Service to violate any law, statute, ordinance or regulation, including without limitation, the laws and regulations governing export control, unfair competition, unauthorized use of proprietary information, false advertising, consumer protection, issuance or sale of securities, child pornography, obscenity, trade in firearms, spamming, privacy, data transfer, and telecommunications;
    2. Using the Service in a manner which presents a material security risk or will interfere materially with the continued operation of the Service;
    3. Using the Service in any manner that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets or other intellectual property rights or rights of publicity, including failing to obtain all required permissions to receive, upload, download, display, distribute, or execute programs or perform other works or derivative works protected by intellectual property laws or removing or altering applicable copyright, trademark, or patent notices;
    4. Using the Service in a tortious manner, including without limitation, engaging in libel, defamation, harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or publication of private information without the permission of the person(s) involved;
    5. Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancel-bots or any other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
    6. Intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return addressing information and IP addresses, in violation of applicable law;
    7. Using the Service to gain illegal or unauthorized access to other computers or networks with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by us or other generally available third party web browser;
    8. Attempting to intercept, collect or store data about third parties without their knowledge or consent;
    9. Sending unsolicited messages, including without limitation, promotions or advertisements for products or services, "pyramid schemes", "spam", "chain mail" or "junk mail";
    10. Interfering or attempting to interfere with the access of any user, host or network.

  3. Monitoring; Collection; Termination of Service. Company reserves the right to, and you acknowledge and consent that Company may (but is not required to): (1) monitor your communications and activities via this Service (including content) during transmission and in connection with the use of this Service, and (2) collect and use personally identifiable information to assist in provisioning of Service and to monitor network health and performance and otherwise solve problems associated with the Service. Company reserves the right to terminate the Service immediately and without advance notice if Company, in its sole discretion, becomes aware of improper or harmful activity, or if Company believes that you have violated the above restrictions.
     
  4. Violation of Terms. Company may disclose any information collected as set forth above for purposes of ensuring compliance with the Agreement's applicable law, cooperating with legal authorities, and as otherwise required to protect Company's rights, property and interests.  If Company suspects violations of any of the above, Company will investigate and, where appropriate, Company may: (i) institute legal action, (ii) deactivate the Service or your access to the Service without prior notice to you, and/or (iii) cooperate with law enforcement authorities in bringing legal proceedings against violators. Company requests that anyone who believes that there is a violation of these terms and conditions to direct the information to: Postmaster@darden.com.   By reserving the right to monitor, Company does not assume any duties or responsibilities to you or to anyone else.
     
  5. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, THE RESTAURANTS, OR COMPANY'S LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, INABILITY TO USE, THIS SERVICE OR FOR ANY OTHER MATTER RELATED TO COMPANY. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  IF YOU ARE DISSATISFIED WITH THE SERVICE, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
     
  6. Content Disclaimer.  Company does not control, nor is Company responsible or liable for, data, content, services, or products (including software) that you access, download, receive or buy via the Service.  Company may block information, transmissions or access to certain information, services, products or domains to protect Company, Company's network, the public, users, or guests; therefore, messages and other content may be deleted before delivery. The Internet contains unedited materials, some of which may be offensive to you. Company is not a publisher of third-party content accessed through the Service, and is not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access websites, services or content, or purchase products from third parties, your personal information may be available to third-party provider(s), including, as the case may be, Company. How third parties handle and use your personal information related to their sites and services is governed by their privacy and other policies (if any) and not necessarily that of Company.  Company has no responsibility for, or influence over, third party provider policies, or their compliance with them. You assume any and all liability that may arise out of the content transmitted by or to you using the Service. You shall assure that your use of the Service and content will at all times comply with all applicable laws, regulations, this Agreement, and written and electronic instructions for use. Company reserves the right to terminate or suspend affected Service if Company determines that such use does not conform to the requirements set forth in this Agreement, or interferes with Company's ability to provide the Service to you or others, or receives notice from anyone that your use may violate any laws or regulations. Company's actions or inaction under this Section shall not constitute review or approval of your use.
     
  7. Warranty Disclaimer.  ALL WIRELESS CONNECTIVITY AVAILABLE THROUGH THIS SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE WIRELESS CONNECTIVITY IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY, ITS AFFILIATES, THE RESTAURANTS AND COMPANY'S LICENSORS DO NOT WARRANT THAT THE SERVICE IS RELIABLE; THAT THIS SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR PROBLEMS WILL BE CORRECTED; OR THAT THIS SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK.
     
  8. Indemnification.  You agree to indemnify, defend and hold harmless Company, the Restaurants, their employees, officers and directors, or any Company licensors from and against any and all claims (including intellectual property infringement claims), liabilities, penalties, settlements, judgments, costs, fees (including reasonable attorneys' fees) arising from: (i) any content that you or anyone using your account may submit, post or transmit; (ii) your use of the Service; (iii) your violation of this Agreement; and (iv) any violation or failure by you to comply with all applicable laws and regulations in connection with the use of the Service.
     
  9. Alternate Dispute Resolution.  If a dispute arises related to this Agreement or its breach, and the parties (you and Company, each a party) have not been successful in resolving such dispute through negotiation, the parties agree to attempt to resolve the dispute through mediation by submitting the dispute to a sole mediator selected by the parties or, at any time at the option of a party, to mediation by the American Arbitration Association (“AAA”).  Any such mediation will be held in Orange County, Florida. Each party shall bear its own expenses and an equal share of the expenses of the mediator and the fees of the AAA.  All defenses based on passage of time shall be suspended pending the termination of the mediation.  Nothing in this clause shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending mediation.  In the event mediation is unsuccessful, the parties agree to submit the matter for binding arbitration by AAA and in accordance with the AAA rules for commercial arbitration. Any such arbitration will be conducted in Orange County, Florida.  In such event, each party shall bear its own expenses and an equal share of the arbitrator fees of the AAA.
     
  10. Privacy and Security.  Wireless connectivity, as provided herein through the Service, is not secure. Communications may be intercepted by others and your equipment may be subject to surveillance and/or damage. Since the wireless connectivity providing you with access to the Internet uses radio signals, you should have no expectation of privacy whatsoever when using the Service. Accordingly, in providing this Service, Company cannot and does not promise any privacy protection when you use the Service.  It is your sole responsibility to install and deploy technological tools to protect your communications and equipment that may be compromised by use of a wireless network.
     
  11. Termination of Service.  Company reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion, with or without notice.  Company shall not be liable for any damages, losses, costs or expenses caused by or arising out of termination of the Service to you or to any other individual.
     
  12. Changes to Terms and Conditions.  Company reserves the right to update or amend these terms and conditions at any time. The amended terms and conditions shall automatically be effective the day of their updated posting in the wireless connectivity terms and conditions. Your continued use of the Service after the effective date of any posted change constitutes your acceptance of the amended wireless connectivity terms and conditions. For this reason, Company encourages you to review these terms and conditions whenever you use the Service.
     
  13. No Third Party Endorsement or Beneficiaries.  Any names, marks, products or services of third parties, or hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or service by Company. Company does not endorse nor make any warranties or representations about any website you may access during your use of the wireless connectivity, including the privacy policy of any such website. You need to make your own decisions regarding your interactions or communications with any other website. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
     
  14. Copyrights and Trademarks.  The Service and any firmware or software used to provide the Service, or provided to you in conjunction with providing the Service, are protected by intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Company are and shall remain the exclusive property of Company and nothing in this Agreement shall grant you the right or license to use such marks, whether or not such use is in commerce. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided in conjunction with providing the Service, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. Other than private text and e-mail messages, all of the content you see, hear or otherwise experience through the Service, including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Company or by third parties who may own them.
     
  15. Severability.  All terms and conditions of this Agreement are independent of each other. If any term or condition is held to be inapplicable or unenforceable, then: (a) such term or provision shall be construed to reflect the intentions of the parties with the other provisions remaining in full force and effect, and (b) the Agreement will not fail its essential purpose and the balance of the terms and provisions shall remain unaffected and in full force and effect, unless our obligations hereunder are materially impaired, in which case Company reserves the right to terminate this Agreement.
     
  16. Entire Agreement.  This Agreement represents the final and entire Agreement between you and Company regarding the Service. This Agreement is governed by the laws of the State of Florida, excluding its choice of laws rules. Except as otherwise provided in this Agreement, no prior or subsequent handwritten, typed, or oral change to the Agreement will be valid unless accepted in writing by Company. Company's failure at any time to require strict performance by you or any other subscribers of any of the provisions herein shall not waive or reduce Company's right to thereafter require strict compliance with any provisions of the Agreement. Your electronic acceptance of the Agreement shall have the same force and effect as if you had actually signed the Agreement.
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DARDEN: TERMS OF USE

Effective Date: April 16, 2015

These Terms of Use apply to the Darden websites on which we have posted these Terms of Use (collectively, the “Sites”). The Sites are operated by Darden Corporation or our affiliates (collectively, “Darden”). Throughout the Sites, the terms “we,” “us” and “our” refer to Darden. Darden offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of a Site constitutes your agreement to these Terms of Use.

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Accuracy, Completeness and Timeliness of Information on the Sites

Darden is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Sites is at your own risk. The Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites. You agree that it is your responsibility to monitor changes to the Sites.

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Use of Materials on the Sites

All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Darden, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Sites for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Sites, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Sites, or use of the Sites for purposes competitive to Darden, is expressly prohibited without the prior written consent of Darden. You agree to abide by all additional restrictions displayed on the Sites as it may be updated from time to time. Darden reserves the right to refuse or cancel any person’s registration for the Sites, remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. Darden, or its licensors or content providers, retain full and complete title to the material provided on the Sites, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Darden’s sole discretion. Darden neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Darden.

You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. Darden reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Darden may be entitled at law or in equity.

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Materials You Submit

You acknowledge that you are responsible for any material you may submit via the Sites (including any components of the Sites administered by third parties, such as tools that allow you to interact with the Sites through Facebook and other social media platforms), including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through the Sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.

Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Darden immediately. Darden may assume that any communications Darden receives under your password have been made by you unless Darden receives notice otherwise.

If you do submit material, and unless we indicate otherwise, you grant Darden an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Darden is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Darden. You grant Darden the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Darden for all claims resulting from content you supply.

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Conduct on the Sites

Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites you agree to provide true, accurate, current and complete information about yourself. Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Darden immediately. Darden may assume that any communications Darden receives under your password have been made by you unless Darden receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Darden®, Olive Garden®, LongHorn Steakhouse®, The Capital Grille®, Bahama Breeze®, Seasons 52®, Eddie V’s Prime Seafood®, Wildfish Seafood Grille® and Yard House®. You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Darden’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Darden’s express written consent.

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Links

The Sites may contain links to other websites, some of which are operated by Darden and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Darden is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

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Trademarks and Copyrights

Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Darden, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on the Sites shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Sites without the owner’s prior written permission, except as otherwise described herein. Darden reserves all rights not expressly granted in and to the Sites and its content. The Sites and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

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Infringement Notice

We respect the intellectual property rights of others and request that you do the same. You are hereby informed that Darden has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Darden’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:

  • Writing to:
    Compliance & Ethics Manager Darden Restaurants, Inc. 1000 Darden Center Drive Orlando, FL 32837
  • Phone:
    407-245-5397, ext 7
  • Email:
    ComplianceEthics@darden.com

To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:

  1. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site;
  3. 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TDarden is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on the Sites, including material you provide to us, and so we have an absolute right to remove any material from the Sites in our sole discretion at any time.

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DISCLAIMERS

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. DARDEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DARDEN OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

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LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DARDEN NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE ITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, DARDEN'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DARDEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER DARDEN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DARDEN IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND DARDEN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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Indemnification

You agree to indemnify, defend and hold harmless Darden and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Darden reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Darden in the defense of such matter.

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Jurisdiction and Applicable Law

The laws of the State of Florida govern these Terms of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the courts located in the County of Orange for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. The Sites have been designed to comply with the laws of the State of Florida and of the United States. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites are not intended for you, and we ask you not to use the Sites. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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Changes to These Terms of Use

Darden reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the relevant Sites. It is your responsibility to check periodically for any changes we make to the Terms of Use. Revised terms will take effect five days after their publication on the relevant Sites and will apply only on a going-forward basis. Your continued use of the Sites after that point signifies that you accept the changes.

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Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and Darden with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

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How to Contact Us

If you have any questions or comments about these Terms of Use or the Sites, please contact us by:

  • Calling us at:
    407-245-5397, ext 7
  • Emailing us at:
    ComplianceEthics@darden.com
  • Writing to:
    Darden Restaurants, Inc. Compliance and Ethics Office Darden Restaurants, Inc. 1000 Darden Center Drive Orlando, FL 32837

Thank you for visiting our Sites.

© 2015 Darden Concepts, Inc.

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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.

© 2015 Darden Concepts, Inc.

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Last Updated: November 14, 2016