Terms and Conditions

Last Updated: April 15, 2024

Welcome to Firehouse Sandwiches CA. These Terms and Conditions ("Terms") govern your access to and use of the Firehouse Sandwiches CA website, mobile application, and services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

By accessing or using our Services, you represent that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such modifications will constitute your acknowledgment and acceptance of the modified Terms.

3. Account Registration

To access certain features of our Services, you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. Ordering and Payment

4.1 Order Placement

By placing an order through our Services, you are making an offer to purchase the products you have selected. We reserve the right to accept or decline your order at our discretion.

4.2 Product Availability

All products are subject to availability. We will inform you as soon as possible if the products you have ordered are not available, and we may offer substitute items or a refund.

4.3 Product Information

We strive to provide accurate product descriptions, pricing, and availability information. However, we do not warrant that product descriptions, pricing, or other content on our Services is accurate, complete, reliable, current, or error-free.

4.4 Pricing

All prices shown on our Services are in US dollars and exclude applicable taxes and delivery fees, which will be added at checkout. We reserve the right to change prices at any time without notice.

4.5 Payment

We accept various payment methods as indicated on our Services. By providing payment information, you represent and warrant that you have the legal right to use the payment method you provide.

4.6 Delivery

Delivery times are estimates and not guaranteed. Delivery fees may apply and will be displayed at checkout. We are not responsible for delays in delivery due to factors beyond our control, including but not limited to weather conditions, traffic, or incorrect delivery information provided by you.

5. User Conduct

In using our Services, you agree not to:

• Violate any applicable law, regulation, or these Terms
• Use the Services for any illegal or unauthorized purpose
• Interfere with or disrupt the Services or servers or networks connected to the Services
• Attempt to gain unauthorized access to any part of the Services
• Create multiple accounts to abuse promotions or circumvent restrictions
• Harass, threaten, or intimidate our staff or delivery personnel
• Provide false, inaccurate, or misleading information
• Use the Services in any way that could damage, disable, overburden, or impair the Services

6. User Content

You may be permitted to submit content (such as reviews, comments, or photos) to our Services ("User Content"). By submitting User Content, you grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that you own or have the necessary rights to submit the User Content, and that the User Content does not infringe on the intellectual property rights, privacy rights, or other rights of any third party.

We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

7. Intellectual Property

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as incidental to normal use of the Services or as expressly permitted in writing by us.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Firehouse Sandwiches CA, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Services, including any direct, indirect, special, incidental, consequential, or punitive damages.

Without limiting the foregoing, we assume no liability for:

• Personal injury, property damage, lost profits, loss of data, or any other type of loss or damage resulting from your use of the Services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the Services
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Services
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Services

9. Disclaimer of Warranties

The Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

10. Indemnification

You agree to defend, indemnify, and hold harmless Firehouse Sandwiches CA, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right
• Any claim that your User Content caused damage to a third party

11. Termination

We may terminate or suspend your account and your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services or contact us to request account deletion.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

13. Arbitration

At our sole discretion, we may require you to submit any disputes arising from these Terms or your use of the Services to final and binding arbitration under the rules of the American Arbitration Association. By using the Services, you agree that you may only bring claims in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will remain in full force and effect.

15. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Firehouse Sandwiches CA.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Services, constitute the entire agreement between you and Firehouse Sandwiches CA regarding your use of the Services.