Terms of Use

These Terms of Use apply to our websites, microsites, and mobile versions of these websites (collectively, the “Website”) that expressly adopt and display or link to these Terms of Use, as may be revised from time to time, and that are owned, operated or controlled by Swensons Drive-In Restaurants, its parents, affiliates, and subsidiaries (collectively, the “Company”).

BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU (the “User”) AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THE WEBSITE.

Content: All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement, and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website, or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.

Use of Website Content: The Website, including all Website Content, is provided solely for personal, non-commercial use. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form. You may download one copy of the materials on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an associated with any of our items or services; and (c) you make no modifications to the materials. All rights not expressly granted are reserved by the Company and its licensors.

Trademarks: All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by the Company and its licensors. The Marks, and all associated logos or images, are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website. The Marks may not be copied, imitated, or used, in whole or in part, without the prior written consent of the Company or the applicable rights holder.

Links: The Website may include links to third-party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof. ACCESS TO ANY SUCH LINKED SITE IS AT THE USER’S OWN RISK, AND THE COMPANY WILL NOT HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO SUCH SITES AND/OR THEIR CONTENT, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY USE OF OR RELIANCE ON ANY SUCH CONTENT, OR ANY GOODS OR SERVICES, AVAILABLE ON OR THROUGH ANY SUCH SITE.

Online Commerce: The Website may allow Users to make online purchases. Where a User makes such a purchase via the Website, all information obtained by the Company from the User in the course of such purchase, including any user information, may be collected by both the Company, as well as our third-party vendors such as payment processing companies, responsible for facilitating your purchase. These third-party vendors may have privacy and data collection practices that are different from those utilized by the Company. The Company has no responsibility or liability for the independent policies of these third-party vendors. In addition to being subject to these Terms of Use, certain User purchases may subject that User to additional terms and conditions of these third-party vendors. The User hereby releases the Company and its third-party vendors from any damages incurred by the User. Moreover, the User agrees not to assert against the Company or its third-party vendors any claims arising from the User’s purchase via the Website.

Acceptable Use: The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website. In no event may the Website be used in a manner that (i) is unlawful, fraudulent, or deceptive; (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights); (iii) uses technology or other means not authorized by the Company to access Website Content; (iv) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (v) attempts to gain unauthorized access to the Company’s systems or user accounts; (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (vii) attempts to damage, disable, or overburden the Company’s servers or networks; or (viii) fails to comply with applicable third-party terms. The User must comply with all applicable third-party terms of use, terms of service, or the like (e.g., wireless carrier terms of service) at all times while using the Website. The Company reserves the right to, in its sole discretion, terminate the licenses granted to the User hereunder and/or bring legal action against the User if the User engages in, or the Company reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use. The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

Information Disclaimer: The Company attempts to be as accurate as possible regarding item descriptions, pricing, and availability on the Website. However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that item descriptions or Website content are accurate, complete, reliable, current, or error-free. From time to time, the Website may contain typographical errors, inaccuracies, or omissions relating to item descriptions, pricing, and availability. The Company reserves the right to revise the price, description, and/or availability of any items without notice. In addition, the Company reserves the right, without prior notice, to limit the order quantity on any item and/or refuse service to any customer.

Menu or nutritional information provided on the Website is for informational purposes only. Any nutritional information listed is based on standard recipes and formulations; however, slight variations may occur due to season of the year, use of an alternate supplier, region, and/or small differences in assembly. Certain item or nutritional information may not apply to all restaurants. If you have questions about the items, procedures, or ingredients at a particular restaurant, please contact the restaurant.

Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country; and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties. The Website is not intended for children under the age of 13. The Company provides the Website for use in the United States of America. The Company does not represent the Website is available or appropriate for use in other jurisdictions. Any access to or use of the Website from other jurisdictions is at the User’s sole risk, and the User is responsible for complying with all applicable local laws.

Disclaimer: ALL ITEMS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY, AND THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE WILL BE AVAILABLE AND FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ALL ITEM DESCRIPTIONS, PHOTOGRAPHS, PRICING, PROMOTIONS, OFFERS, AVAILABILITY, OR THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE, ERROR-FREE, OR OTHERWISE. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT OF DATE, THE COMPANY RESERVES THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION OR TO CANCEL ORDERS RELATED TO SUCH INFORMATION WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER). YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK.

Limitations of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL THE COMPANY; ENTITIES THAT ANY OF THE COMPANY OR ANY OF THEIR AFFILIATES MAY ACQUIRE, PURCHASE, OR ABSORB IN THE FUTURE; AND ANY JOINT VENTURES NOW EXISTING OR HEREAFTER CREATED BY THE COMPANY OR ANY OF THEIR AFFILIATES; ALONG WITH THEIR PRESENT, PAST, AND FUTURE DIRECT AND INDIRECT PARENT COMPANIES, SUBSIDIARIES, DIVISIONS, AFFILIATES, AND RELATED ENTITIES; AS WELL AS EACH OF THE PRESENT, PAST, AND FUTURE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, OWNERS, INVESTORS, FUNDS, VENDORS, ATTORNEYS, INSURERS, REPRESENTATIVES, AGENTS, INDEMNITORS, SUCCESSORS, PREDECESSORS (INCLUDING ENTITIES THEY HAVE ACQUIRED, PURCHASED OR ABSORBED), ASSIGNS, HEIRS AND FAMILY MEMBERS OF ANY OF THE FOREGOING; AND EACH OF ALL OF THEIR RESPECTIVE DIRECT AND INDIRECT OWNERS, MANAGEMENT, CONTROLLING PARTIES, ENTITIES UNDER COMMON CONTROL, OFFICERS, MEMBERS, PARTNERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, INCORPORATORS, SHAREHOLDERS, INVESTORS, MANAGERS, PRINCIPALS, INVESTMENT ADVISORS, CONSULTANTS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, ACCOUNTANTS, LENDERS, UNDERWRITERS, INSURERS, VENDORS, AND SERVICE PROVIDERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, DAMAGE TO YOUR OR A THIRD PERSON'S COMPUTER AND/OR ITS CONTENTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT THE COMPANY, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OF USE.

Changes to Website: At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.

Refunds: All refunds must be handled by the restaurant where you placed your order. To process your refund in a timely manner, please contact the restaurant directly. Please not that once your refund is processed, the time it will take for funds to post to your account will depend on you financial institution’s policy.

Changes to Terms; Updates: The Company reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website. The User’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User’s acceptance of those changes. These Terms of Use shall govern any updates to, or supplements, or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements, or replacements – in which case such separate terms will apply.

Governing Law: These Terms of Use are governed by the laws of the State of Ohio and applicable federal laws of the United States of America, without giving effect to conflict of laws principles. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Franklin County, Ohio, USA for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.

Contact: Any questions, complaints, or claims regarding the Website may be submitted to our customer service department by filling out an online inquiry form found here.