These terms constitute a binding agreement between you and SCHMATZ. We may revise and update these terms from time to time without notice. All changes are effective immediately when we post them. Your continued use of our Sites following the posting of revised terms means that you accept and agree to the changes.
Representations by You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material.
SCHMATZ™ and the SCHMATZ logo are registered trademarks of SCHMATZ. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in anyway, including in advertising or publicity pertaining to distribution of materials on the Sites, without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on the Sites are the trademarks of their respective owners and may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without express permission from the respective owner. The use of SCHMATZ trademarks on any other website is not allowed. We prohibit the use of any of our trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
Other Intellectual Property Rights
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of our Sites for your own personal, information, non-commercial use and not for further reproduction, publication or distribution.
The Sites, all Content, and all related rights shall remain the exclusive property of SCHMATZ or its licensors unless otherwise expressly agreed. You may not remove any copyright, trademark, or other proprietary notices from material found on the Sites.
Permitted and Prohibited Uses
- Use the Sites in any manner or take any action that could, in our sole discretion, disable, overburden, impose an unreasonable or disproportionately large load, damage, or impair the Sites or interfere with any other party’s use of the Sites.
- Use any robot, spider, scraper or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
- Use any device, software, routine, or take any other action that interferes or attempts to interfere with the proper working of the Sites or any activities conducted on or through the Sites.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Bypass, or attempt to bypass, any measures we may use to prevent or restrict access to the Sites or otherwise gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
- Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.
Unsolicited Submissions Policy
We are pleased to hear from our loyal customers and welcome your comments regarding SCHMATZ. Except where we specifically request comments or submissions, SCHMATZ does not accept or consider creative ideas, suggestions, or materials, including but not limited to recipes and menu items. This policy is designed to avoid misunderstandings if projects developed by SCHMATZ or its agents or contractors seem to others to be similar to their own creative work. You are not permitted to submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against SCHMATZ (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant SCHMATZ a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release SCHMATZ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.
Reliance on Information in the Sites
The information presented on the Sites is made available solely for general information purposes. Store location, hours, pricing information, and product details may change from time to time, and we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. In the event that any product available through or listed on the Sites is mistakenly listed at an incorrect price or with other incorrect information, we reserve the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.
Food Allergen and Preference Information
SCHMATZ may ask for your food allergen and preference information to assist you in selecting foods that do not include common allergens, and to assist our chefs as they prepare your food. We take the following precautions, but there is always a risk of contamination: We exercise care in identifying ingredients in our food that may cause allergic reactions for those with food allergies; we train our food production staff on commercially reasonable industry practices to minimize cross-contamination; and we label items with common allergen-containing ingredients.
Changes to the Sites
We may update the information on our Sites from time to time, but its content is not necessarily complete, accurate, or up to date. Any of the information or materials on our Sites may be out of date, inaccurate, or incomplete at any given time, and we are under no obligation to update such materials or information.
Linking to the Sites
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Sites
Any links from the Sites to other websites and resources provided by third parties are provided for your convenience only. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates have control over the contents of those websites or resources, including any content, materials or other information located on or accessible from other websites or resources. We and our respective affiliates accept no responsibility for these websites or resources, make no endorsement, guarantee, or representation or warranty regarding any other website or resource, including any content, materials, or other information located on or accessible from the other websites or resources, or the results of your use these websites or resources, including any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY, FREEDOM FROM COMPUTER VIRUS, FITNESS FOR PARTICULAR PURPOSE OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation on Liability
IN NO EVENT WILL SCHMATZ, ITS AFFILIATES, 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, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE.THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
By using our Site, you agree to indemnify and hold Shake Shack, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content.
In the event that you have a dispute with another user or other party related to the Sites, you release SCHMATZ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We do not guarantee continuous, uninterrupted or secure access to our Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. SCHMATZ is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
Governing Law and Jurisdiction
All rights not granted herein are expressly reserved to SCHMATZ.
Waiver and Severability
If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that these terms and all incorporated agreements may be assigned by SCHMATZ in our sole discretion. Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these terms.
Thank you for visiting our Sites. We hope to see you in person at one of our locations soon.