TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. By accessing, browsing and using this website, you acknowledge that you have read, understood and agree to comply with the terms and conditions stated herein. If you do not agree to be bound by all of these terms and conditions, do not use this website.
The terms “we,” “us” and “our” refer collectively to Fourth Wall Restaurants, LLC, a New York limited liability company (the “Company”), and/or any of its related affiliated or subsidiary companies, and “you” and “your” refer collectively to the individuals using this website.
You represent and warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this agreement.
Changes to the Terms and Conditions. We reserve the right to change or update these terms and conditions at any time and at our sole discretion without providing you with specific notice of such changes. You agree to accept and to be bound by such terms and conditions that are in effect at the time of your use of our website.
Restrictions on Use. All content of this website, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and other materials contain copyrighted material, trademarks, logos, trade names, service marks and trade dress and other proprietary material (collectively, the “Content”) which are owned by the Company, its subsidiaries, affiliates, licensors or other third parties. Except as expressly set forth in these terms and conditions or otherwise expressly granted to you in writing by the Company, no rights (either by implication, estoppels or otherwise) are granted to you. The copying, reproduction, distribution, modification, downloading, creating of derivative works, uploading, posting, transmitting, or publication by you, directly or indirectly of the Content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited. Subject to your compliance with these terms and conditions, the Company grants to you a limited, personal, non‑exclusive, revocable, non‑assignable and non‑transferable license to access, download, view, and use the website solely for your personal, non‑commercial use and provided that you do not delete or change any copyright, trademark, or other proprietary notices. You do not acquire ownership or proprietary rights to any Content or other intellectual property or materials viewed through this website. All rights in the Content and other intellectual property and materials are reserved to the Company, its subsidiaries, affiliates, licensors or other third party owners. You understand that you may not modify, resell, decompile, reverse engineer, disassemble any software (including source code) embodied in this website.
Policy Concerning Children. Our website is not intended for use by children under the age of 13.
Links to Other Sites. The website may contain hyperlinks to other websites. We are not responsible for the content, accuracy or opinions expressed in such third party websites. Inclusion of any linked site on our website does not imply approval or endorsement of the linked site by us. If you leave our website and access these third party sites, you do so at your own risk.
Site Security Rules. Users are prohibited from violating or attempting to violate the security of the website, or interfering with any other user’s access to or use of the website. We reserve the right to monitor and disclose any information related to your use of this website in order to comply with any applicable law, regulation or government request.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEBSITE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON‑INFRINGEMENT AND ANY PROMISES OF ACCURACY OR CORRECTNESS OF THE SITE. WE DISCLAIM ANY OBLIGATION TO UPDATE INFORMATION ON OUR WEBSITE.
LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE OR THE INABILITY TO USE THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT SUCH WERE FORSEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITE. SOME JURISDICTIOSN DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You agree to defend, indemnify and hold harmless the Company Parties from and against any claims, demands, losses, damages, fines, penalties or other costs or expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website and the Content, your violation of these terms and conditions, and your violation of the rights of any third party. You agree to cooperate as reasonably required by the Company in the defense of any claim; however, notwithstanding the foregoing, the Company retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, or causes of action which are brought against the Company and in no event shall you settle any such claim without the Company’s prior written approval.
Termination. We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our website at any time and for any or no reason, with or without prior notice, and without liability.
What kind of information do we collect?
How information may be collected
How do we use your information?
Our primary goal in collecting information is to improve guest service by understanding your preferences, communicating our promotions and services and by providing you with the best possible guest experiences. The information that you provide to us may be used to send you communications for which you have registered, to provide you with promotional materials, to monitor and improve our website, to customize the advertising and content you see, to comply with and monitor compliance with our terms and conditions and other applicable policies, and for other purposes disclosed when you provide your information. Please remember that you always have the choice not to receive marketing or promotional information or calls by sending us an email at firstname.lastname@example.org. Also, in any promotional email we send, you will be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.” It may take up to 10 days for us to process an opt‑out request.
How do we protect your financial information?
We go to great lengths in order to protect your financial information. We do not store credit card numbers or bank account numbers. We use encryption technology for these numbers. Though no data transmission over the internet is 100% secure, we employ security techniques that are designed to protect the privacy of any information you share with us.
With whom do we share your personal information?
Third Party Websites
Consent to Transfer
Our website is operated in the United States. If you are located in the European Union, Canada or elsewhere outside the United States, please be aware that any information that you provide to us will be transferred to the United States. By using our website or providing us with your information, you consent to this transfer.
Children’s Online Privacy Protection Act
Our website is not intended for children and we do not knowingly solicit or collect personal information from individuals under the age of thirteen (13). If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us.
We reserve the right to disclose your personal information (however provided by you or collected by us) as required by law and when we believe such disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process (including but not limited to subpoenas).
We incorporate reasonable safeguards to help protect and secure your personal information from unauthorized access. However, guaranteed security does not exist over the internet or through any wireless transmission or via electronic storage of information and therefore we cannot ensure or warrant the security of any information you transmit to us by means of our website, and you do so at your own risk.
California Privacy Rights
Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship a list of all of the categories of personal information that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and the names and addresses of all such third parties. To request the above information, please email us at email@example.com and be sure to attest to the fact that you are a California resident. Please be aware that not all information sharing is covered by this California law and only information on covered sharing will be included in our response.
How to Contact Us