MaxAndErmas.com site usage guidelines Use of Site. By use of the Max & Erma’s, Inc. (“Max & Erma’s”) website (the “Site”), you agree to all of the terms, conditions, and notices contained or referenced in this Site (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use this Site. Max & Erma’s reserves the right to update or revise these Terms and Conditions. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
Copyright. The entire content of this Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of this website (including its graphics, pictorial matter, and text) without the prior written consent of Max & Erma’s unless otherwise expressly permitted by the Site.
Trademarks. MAX & ERMA’S®; GOOD NEIGHBOR REWARDS®, &®, MAX & ERMA’S THE HOMETOWN FAVORITE®, MAX & ERMA’S NEIGHBORHOOD GATHERING PLACE®, A BETTER PLACE TO EAT and other names, logos, designs, titles, words, or phrases within this Site are registered or unregistered trademarks or service marks of Max & Erma’s and may not be used without the prior written permission of Max & Erma’s. Max & Erma’s claims no interest in marks owned by other entities not affiliated with Max & Erma’s which may appear on this Site.
Max & Erma’s Email Club. You may choose to join the “Email Club” by submitting your email address through the “Email Club” link at the bottom of each page. By joining the Email Club you agree to receive periodic promotional emails relating to product information, coupons, and discounts offered by Max & Erma’s unless and until you choose to opt out of receiving the email messages through the opt out procedure included in the promotional emails.
Max & Erma’s Gift Cards. All gift card orders placed through the Site are subject to Max & Erma’s acceptance, which is in it sole discretion. Without limitation, this means that Max & Erma’s may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in it sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, Max & Erma’s shall issue a credit to your credit card account.
No Links; No Endorsement. Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.
No Guaranty of International Service or Compliance. This Site was designed for and is operated in the United States. Regardless of your location of access to the Site, you are responsible for compliance with all applicable local or federal laws.
Jurisdiction and Venue. You and Max & Erma’s agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and Max & Erma’s also agree and hereby submit to the exclusive personal jurisdiction and venue of the Common Pleas Court of Franklin County, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Max & Erma’s with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Max & Erma’s with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.
DISCLAIMER OF WARRANTIES. THE MATERIAL IN THIS WEB SITE IS PROVIDED “AS IS,” WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY MAX & ERMA’S, INC. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER.
LIMITATION OF LIABILITY. MAX & ERMA’S IS NOT LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. UNDER NO CIRCUMSTANCES SHALL MAX & ERMA’S BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF MAX & ERMA’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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