terms of use | Max and Erma's

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.

No Confidentiality. Should you choose to contact Max & Erma’s through the “Contact” link with any information, feedback, data, questions, comments, suggestions or the like, the content of any such response shall be deemed not to be confidential and Max & Erma’s shall be free to reproduce, use, disclose and distribute the response to others without limitation or compensation, provided that Max & Erma’s will always comply with its Privacy Policy posted on this Site. Further, by choosing to submit a comment or message to Max & Erma’s through the “Contact” link, you agree to assign to Max & Erma’s all copyright interests in your questions, comments, suggestions, or commentary, and agree that Max & Erma’s is free to use the contents of your message, or derivatives thereof, without limitation.

Good Neighbor Rewards App & Program The Good Neighbor Rewards App (the “App”) is offered by Max & Erma’s Holdings, LLC (M&E), and/or its subsidiaries, licensees, franchisees and affiliated companies. These Terms and Conditions (“Terms and Conditions”) apply only to this App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms of Use are a legal and binding agreement between you and M&E governing your use of this App, which includes its content, information, services, and features. Please read these Terms and Conditions, which apply to your use of this App and enrollment and participation in our Rewards Program. By accessing or participating in the Rewards Program and App, you agree to be bound by these terms and conditions and all terms incorporated by reference. If you do not agree to these terms, then do not use this App or participate in the Regards Program.

Modifications We may modify these Terms and Conditions from time to time. When we do, we will notify you by email or otherwise as required under applicable law. It is therefore very important that you update your account information or notify us when your email address changes. Any changes to this Terms and Conditions will also be posted here. Your continued use of the App or participation in the Rewards Program after any modification confirms your acceptance to the modifications. Additionally, M&E may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this App or any portion thereof; (2) change, revise, or modify this App or any portion thereof; (3) interrupt the operation of this App or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the App; and/or (5) terminate the authorization, rights, and license given above. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the App.

Content & Use This App and all content, information, and other materials featured, displayed, contained, and available on this App (collectively, the “Content”) are owned by or licensed to M&E and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, M&E grants you a personal, nonexclusive, non-transferable, limited right to access, use, display, and download this App for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, this App or its Content. You agree to use this App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. M&E may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law.

Rewards Program M&E offers the Good Neighbor Rewards Program (the “Rewards Program”) to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating M&E restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program. Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program. The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways: Download the app on your smartphone through the App Store or Google Play; Visit the Max & Erma’s website located at www.maxandermas.com; or Through your Facebook account using the App. Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account. As a part of the Rewards Program, M&E will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.

Rewards: You will earn and receive points (as defined below) toward Rewards (as defined below) as follows:
- Referral Bonuses & Social Sharing: You can receive bonus points for every friend you refer who joins our Rewards Program. Your extra points will not be awarded until the referred member enrolls in the Rewards Program, uses your invite code and earns their first points. You can also share your experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, you give M&E permission to use your comment on a M&E website, Facebook page, and/or other social media outlets.
- Rewards: By accumulating 150 points in your Rewards Account, you will earn $10 (a “Reward”), which you may redeem at participating M&E restaurants. The Reward will be valid for 12 months. Once you earn a Reward, you may start accumulating points towards another Reward. A Reward may not be combined with any other offer or coupon. $1 spent = 1 point, once you get to 150 points, you can redeem $10 off your next purchase.
- Gift Cards: Loyalty points are earned at the time of gift card redemption, not at the time of gift card purchase.

Additional Rewards Program Terms: M&E reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. M&E may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. M&E also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 12 months. Inactive is defined as no Rewards earned. M&E has the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements for earning a particular Reward;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
- If we end the Rewards Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date.

Login and Registration Certain features or services offered on or through this App may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify M&E immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by M&E or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential. You may not use anyone else’s account or login information. M&E shall not be liable for any loss or damage arising from your failure to comply with these obligations.

No Warranties THIS APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND M&E HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, M&E DOES NOT GUARANTEE THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitations of Liability IN NO EVENT SHALL M&E BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS APP (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE REWARDS PROGRAM, OR THESE TERMS OF USE, WHETHER OR NOT M&E MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Electronic Communications When you visit this App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

International Users This App is controlled, operated, and administered by M&E from offices within the United States of America. We make no representation regarding use of this App outside of the United States. You may not use this App or export any portion of it in violation of U.S. export laws and regulations. If you access this App from locations outside of the United States of America, you are responsible for compliance with all local laws.

Governing Law/Venue This App is governed by and subject to the laws of the State of Montana, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Montana for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that MRP may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Privacy Please review our Privacy Policy located at https://www.maxandermas.com/privacy-policy/ (the “Privacy Policy”), which is incorporated herein and also governs your use of this App, to understand Max & Erma’s privacy practices.

General Provisions All or any M&E’s rights and obligations hereunder may be assigned to a subsequent owner or operator of this App in a merger, acquisition or sale of all or substantially all of M&E’s assets. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. M&E’s failure to act with respect to a breach by you or others does not waive M&E’s right to act with respect to that breach or subsequent or similar breaches.

Questions If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at: gnrapp@maxandermas.com

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.

Please also visit our privacy policy which explains other information regarding use of our website.