Skillet®

SkilletNow Ordering App

Terms of Use

  1. Purpose/Description of SkilletNow Application

The SkilletNow Application, including the mobile and web-based application, (collectively, the “App”) enables customers to place and pay for orders with participating Skillet restaurants.  Customer orders are placed through the App and can be paid by credit card, by way of USAepay (usaepay.com) and Gravity Payments (gravitypayments.com)

  1. Acceptance of Terms of Use

In these Terms of Use, references to “SkilletNow” and the terms “we”, “us” and “our” refer to the owner of the App, Skillet Management, LLC (“Skillet”). The term “you” refers to any person or entity who views, uses, accesses, browses or submits any content to the App. Skillet offers you access to the App on the condition that you accept the following terms and conditions (the “Terms of Use”).

You may not use the App or accept the Terms of Use if you are not of legal age to form a binding contract with Skillet. By using, browsing or submitting any content to the App, including, without limitation, obtaining any products or services through the App, you:

  1. represent and warrant that you are legally capable of entering into binding contracts;
  2. represent and warrant that you are at least 18 years old; and
  3. agree to be bound by the Terms of Use.

If you do not agree with these Terms of Use, do not proceed with using the App or any products or services provided through the App.

  1. Modifications to App

Skillet reserves the right to modify, suspend or discontinue, the App, either temporarily or permanently, from time to time with neither notice nor reason. You agree that Skillet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App.

You understand that the contents of the App, including the Terms of Use and information relating to Third Party Vendors (as defined herein) and their products, are subject to change and Skillet reserves the right to modify these Terms of Use at any time. Although Skillet will make efforts to bring any updates to these Terms of Use to your attention, we recommend that you review these Terms of Use for changes each time you use the App. Your use of the App after any changes to the Terms of Use have been posted will be deemed to be an acceptance and agreement for you to be bound by such amendments.

  1. Disclaimer of Warranties

SKILLET MAKES EFFORTS TO ENSURE THAT INFORMATION AVAILABLE ON OR THROUGH THE APP IS ACCURATE, COMPLETE AND CURRENT. HOWEVER, SKILLET IS NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON OR THROUGH THE APP IS NOT COMPLETE OR CURRENT. THE INFORMATION AVAILABLE ON OR THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ANY COMMUNICATIONS PROVIDED OR SENT TO YOU VIA THE APP OR OTHERWISE FROM SKILLET, INCLUDING CONTENTS OF THE APP, ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE ONLY BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR TIMELIER SOURCES OF INFORMATION. ANY RELIANCE ON THE INFORMATION OBTAINED THROUGH THE APP IS AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE APP AND ITS CONTENTS IS SOLELY AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER, MOBILE DEVICE OR OPERATING SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM USING OR OTHERWISE ACCESSING THE APP. SKILLET PROVIDES THE APP, AND ALL RELATED PRODUCTS AND SERVICES ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OF ANY KIND. SKILLET DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW:

  1. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
  2. ANY WARRANTIES THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, ANY WARRANTIES THAT THE APP WILL BE SECURE AND THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE WILL BE VIRUS-FREE;
  3. ANY WARRANTIES FOR ANY THIRD PARTY SERVICES OR PRODUCTS YOU OBTAIN THAT WERE ADVERTISED, ACCESSED THROUGH, OR OTHERWISE RELATED TO THE APP; AND
  4. ANY RESPONSIBILITY FOR THE QUALITY OF THE THIRD PARTY SERVICES OR PRODUCTS THAT WERE ADVERTISED, ACCESSED THROUGH, OR OTHERWISE RELATED TO THE APP.
  1. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SKILLET BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SKILLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER THE DAMAGES WERE FORESEEABLE OR NOT), RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP OR ITS CONTENTS, WHETHER BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, OR DAMAGES WHICH MAY ARISE FROM USE OR MISUSE OF THE APP OR ITS CONTENTS, FROM ANY INABILITY TO USE THE APP OR ACCESS ITS CONTENTS, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE APP. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS ADVERTISED OR MADE AVAILABLE IN CONNECTION WITH THE APP, INCLUDING ITS CONTENTS OR ANY LINKS AVAILABLE THROUGH THE APP, AS WELL AS BY REASON OF ANY INFORMATION RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR ITS CONTENTS OR ANY LINKS AVAILABLE THROUGH THE APP. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOUR USE OF THE APP MAY RESULT IN THE USAGE OF LARGE AMOUNTS OF CELLULAR DATA. YOU UNDERSTAND AND AGREE THAT SKILLET ASSUMES NO LIABILITY FOR ANY FEES CHARGED BY YOUR CELLULAR SERVICE PROVIDER RELATING TO SUCH DATA USAGE.

  1. Indemnification

You agree to indemnify and hold harmless Skillet, including its directors, officers, affiliates, successors, assigns, agents, service providers, suppliers and employees, from and against any and all losses, liabilities, expenses, damages and costs, including legal fees and court costs, arising or resulting from your use of the App, contents of the App, any third party services or products made available to you through the App, your breach of any of the Terms of Use, including the warranties you provide in the Terms of Use, or your infringement of any third party rights. If you cause a technical disruption of the App or the systems transmitting the App to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including legal fees and court costs, arising and resulting from that disruption.

  1. Trade marks and Copyrights

“SkilletNow” and Skillet are trade marks of Skillet. Trade marks and logos displayed on the App are registered and unregistered trade marks of Skillet, its licensors or content providers, or other third parties. The copyright to the App, the design and appearance of the App, and all of the information and content on the App are owned by or licensed to Skillet. These materials are protected by law against unauthorized copying and reproduction. No content on the App shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade mark or logo displayed on the App without the owner’s prior written permission. Skillet reserves all rights not expressly granted in and to the App and its content.

Other service and product marks that appear on the App are the trade marks of their respective owners. Neither the information available through the App nor the display of any trade marks on the App implies that a license has been granted for any further use.

Any unauthorized copying, redistribution, reproduction or modification of the contents of the App by any person or entity may be a violation of federal or common law, trade-mark and/or copyright laws and could subject such person to legal action.

  1. Links of Third Parties

The App may connects you to third parties, including delivery services, payment processing merchants, and other third parties as may be added to the App from time to time (“Third Party Vendors”).

The App may provide links to websites operated by Skillet or its affiliates and others which are operated by third parties (“Third Party Sites”). Skillet provides no endorsement or representation of any kind regarding the products, services, content or appropriateness of content of the Third Party Sites. Skillet merely provides you with links to the Third Party Sites for your convenience and as an additional avenue of access to the information available through the App. Your use of information available on the Third Party Sites is voluntary and your reliance on such information should be made only after independent review. Accordingly, you hereby irrevocably waive any claim against Skillet with respect to any losses, damages or other liabilities incurred as a result of your use of any Third Party Sites.

If you use the services or purchase goods from any Third Party Vendors found on or through the App, you do so at your own risk. Such third party dealings are solely between you and the Third Party Vendors and are not binding upon nor constitute obligations of Skillet. You agree that Skillet takes no responsibility for any loss or damage that you may incur as a result of such third party dealings. In the event that a dispute arises between you and a Third Party Vendor relating to Skillet, you acknowledge and agree that Skillet has no obligation to become involved in the dispute and you hereby release Skillet and its directors, officers, employees and agents from any claims, demands or damages of any kind arising from such dispute.

If you use the services or purchase goods from any Third Party Vendors found on or through the App, you do so at your own risk. Such third party dealings are solely between you and the Third Party Vendors and are not binding upon nor constitute obligations of Skillet. You agree that Skillet takes no responsibility for any loss or damage that you may incur as a result of such third party dealings. In the event that a dispute arises between you and a Third Party Vendor relating to Skillet, you acknowledge and agree that Skillet has no obligation to become involved in the dispute and you hereby release Skillet and its directors, officers, employees and agents from any claims, demands or damages of any kind arising from such dispute.

  1. Jurisdiction

The interpretation of these Terms of Use and any dispute shall be governed exclusively by the laws of the Washington State and any applicable federal laws of the United States and you agree to attorn to the exclusive jurisdiction of the courts of Washington State.

  1. Waiver

No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of Skillet. Skillet’s failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of any such provision or right.

  1. Severability

If any provision of the Terms of Use is determined by a court of competent jurisdiction to be illegal or unenforceable, such provision shall automatically be reformed and construed so as to be valid, operative and enforceable to the fullest extent permitted by law and equity while preserving its original intent. The invalidity of any part of the Terms of Use shall not render invalid the remainder of the Terms of Use.

  1. Entire Agreement

These Terms of Use constitute the entire agreement between you and Skillet. There are no representations or warranties other than those expressly set forth in these Terms of Use.

© 2016 Skillet Management, LLC. All rights reserved.