Thank you for visiting https://www.Xpress Burgers.com (“Xpress Burgers Website”). The following Terms and Conditions (“Terms”) govern your access to and use of all or part of the Xpress Burgers Website, mobile application, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs owned or operated by Xpress Burgers (“Xpress Burgers”), or any of its affiliates or related entities, where these Terms may appear (collectively “Services”)”. Your use of the Services or visiting the Xpress Burgers Website constitutes your agreement to follow and be bound by these Terms. If you do not agree, do not use the Services. If you use the Services or return thereafter, you agree to be bound by these Terms. Xpress Burgers reserves the right to change or modify these Terms from time to time in its sole discretion. The modified Terms will be effective immediately upon posting to the Xpress Burgers Website and you agree to be bound to the newly posted Terms and Conditions by continuing to use any Services.
USE RESTRICTIONS
Any material from or related to the Services, may not be copied, distributed, republished, modified, uploaded, incorporated posted, or transmitted in any way, without the prior written consent of Xpress Burgers EXCEPT: you may print, display or download one copy of the Xpress Burgers Website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Xpress Burgers Website is provided for lawful purposes only. Modification or use of the materials for any other purpose violates Xpress Burgers’s intellectual property rights. The material on this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Xpress Burgers. Neither title nor intellectual property rights are transferred to you through your use, but remain with Xpress Burgers, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.
The Services may contain links to other websites (“Linked Sites”) that are not under the control of Xpress Burgers and, therefore, Xpress Burgers is and shall not be responsible for any content, webcasting or any form of transmission received from any Linked Site, as well as any updates or modifications to any Linked Sites.
As a condition of your use of the Services, you warrant to Xpress Burgers that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair any or all the Services or interfere with any other party’s use and enjoyment of the Services.
LIABILITY RESTRICTIONS
Xpress Burgers will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Xpress Burgers will not be liable for any damages or injury including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if there is negligence or Xpress Burgers or an authorized Xpress Burgers representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. Xpress Burgers’ total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this site.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to Xpress Burgers by or through the Services (together, the “Submission”) will forever be the property of Xpress Burgers. Xpress Burgers will not be required to treat any Submission as proprietary or confidential and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability because of any similarities that may appear in future Xpress Burgers operations. Without limitation, Xpress Burgers will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Xpress Burgers will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of Xpress Burgers or to other entities that are not involved in the operation of this site. Information submitted via several areas on this site is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not Xpress Burgers, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. No compensation will be paid with the respect to use any Submission. Xpress Burgers is under no obligation to post any submission.
JURISDICTION
Except as described otherwise, all materials on the Xpress Burgers Website are made available only to provide information about Xpress Burgers. Xpress Burgers controls and operates this site from its headquarters in Corpus Christi, Texas, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into, or to a national or resident of, any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to everyone on the US Treasury Department’s Specially Designated Nationals list, or (c) the US Commerce Department’s Table of Denial Orders. If you download or use any Software, you represent and warrant that you are not located in, or under the control of, or a national or any such country or on any such list.
DISCLAIMER
The material on this site could include technical inaccuracies or typographical errors. Xpress Burgers reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Xpress Burgers Website or use of any Services following any such change constitutes your Agreement to follow and be bound by the Terms and Conditions as may be updated or modified.
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. XPRESS BURGERS DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. XPRESS BURGERS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. XPRESS BURGERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT XPRESS BURGERS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. XPRESS BURGERS DISCLAIMS ALL WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. XPRESS BURGERS NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS ON THE XPRESS BURGERS’S WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
Xpress Burgers is not responsible if information made available on the Xpress Burgers Website Service is not accurate, complete or current. The material is provided for general information only and should not be released upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Xpress Burgers Website is at your own risk.
EMPLOYMENT
Xpress Burgers is an equal opportunity employer committed to a diverse workforce. Xpress Burgers franchisees each hire their own employees and establish their own Terms and Conditions of employment, which may differ from those described. To be considered for a posted job opportunity, you must apply. Applications are active for 30 days, after which you must reapply.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Xpress Burgers, its affiliated and related entities, its and their members, officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms. If you cause a technical disruption of the Xpress Burgers Website or the systems transmitting the Xpress Burgers Website to you or others, you agree to be responsible for all losses, liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and court costs, arising or resulting from that disruption.
TERMINATION
Xpress Burgers or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all Xpress Burgers sites, and (b) all related documentation and all copies and installations (together, the “Materials”). Xpress Burgers reserves the right in its sole discretion to terminate this agreement immediately, including your access to the Services, without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
COPYRIGHT AND TRADEMARK INFORMATION
All the material on this website is owned by Xpress Burgers is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Xpress Burgers, an affiliate, or by third parties who have licensed their materials to Xpress Burgers. Xpress Burgers is a registered trademark. The entire content of this website is copyrighted by Xpress Burgers as a collective work under the copyright laws of the United States.
MISCELLANEOUS
These Terms will be governed and be interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of the use of this site for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this site. Xpress Burgers can revise these Terms at any time by updating this posting. Xpress Burgers products and services are available in many parts of the United States. However, the Xpress Burgers’s site may describe products and services that may not be available nationwide. This site may be linked to other sites, which are not maintained by Xpress Burgers. Xpress Burgers is not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement by Xpress Burgers of the sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Xpress Burgers and because of these Terms or use of the Website.
PRIVACY
Xpress Burgers will use the information you provide us only in the manner described in our Privacy Policy on our Xpress Burgers Website. You may read our Privacy Policy by clicking on the Privacy Policy button where it appears on this Website. In the event we revise or modify our Privacy Policy, then these Rules will automatically refer to that revised Privacy Policy once it is published on our Xpress Burgers’s Website.
You are responsible for keeping the information you use to access your Program Account (i.e., username and password for your Program Account, Facebook account,) private and secure. If someone besides you learns your Program Account username/password or learns your Facebook account information and uses your password or Facebook account to access your Program Account, then you will be responsible for any actions that individual takes related to your Program Account.
REFUND POLICY/CANCELING YOUR ORDER
For orders placed online through the website, orders can be changed or updated until the time payment is made with a credit card. Once the credit card information has been entered and the order has been placed, orders cannot be canceled without calling the restaurant directly. There is no way to cancel an order placed on the website or through the mobile application. All guests are encouraged to review their order prior to entering their credit card information onto the website. Refund requests should be directed to the restaurant where the purchase was made, as most restaurants are independently owned and operated by franchisees.