This website, www.thecaptainsboil.com, (collectively referred to as the “Site” in these Terms of Service) is owned and operated by TCB Global Franchising, LLC (“we”, “us” or “TCB Global Franchising, LLC”). By using and accessing our Site, you (“you”, “user” or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.
You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivate work from, sell or re-sell any content or information obtained from or through the Site.
Third-party Sites. The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of, or association with, the party by TCB Global Franchising, LLC.
Modifications to this Agreement. TCB Global Franchising, LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
Termination of Use. TCB Global Franchising, LLC shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.
Limitation of Liability. In no event shall TCB Global Franchising, LLC or its affiliates be liable for any indirect, incidental, special, punitive damages or consequential damages of any kind, or any damages whatsoever arising out of or related to your use of the Site, the content and other information obtained therein.
Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.
Governing Law. Any disputes arising out of or related to these Terms of Service and/or any use by you of the Site shall be governed by the laws of the USA, without regard to the conflicts of laws provisions therein.
Date of Last Update. This agreement was last updated on December 1, 2012.
WHAT INFORMATION DO WE COLLECT?
We collect information from you when you register on our site or when you submit an inquiry.
When registering on our site, as appropriate, you may be asked to enter your: name, email address, mailing address, and phone number. You may, however, visit our site anonymously.
WHAT DO WE USE YOUR INFORMATION FOR?
Any of the information we collect from you may be used in one of the following ways:
- To personalize your experience (your information helps us to better respond to your individual needs)
- To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
- The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
- NOTE: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s system to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
CALIFORNIA ONLINE PRIVACY PROTECTION ACT COMPLIANCE
Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE
The User’s Personal Data may be used for legal purposes by the Data Controller, in Court or in the stages leading to possible legal action arising from improper use of this Application or the related services..
We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act) and we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
4170 Ashford Dunwoody Road, Suite 390
Atlanta, GA 30319
CAPTAIN’S BOIL® REWARDS APP TERMS AND CONDITIONS
This Captain’s Boil® Rewards App (the “App”) is offered by TCB Global Franchising, LLC and/or its subsidiaries, designees, and affiliates (“we” or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to the App and the Rewards Program (as defined below) offered herein, and not to any other website, mobile app, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and us governing your use of the App, including its content, information, services, and features.
PLEASE READ THESE TERMS AND CONDITIONS, WHICH APPLY TO YOUR USE OF THE APP AND ENROLLMENT AND PARTICIPATION IN OUR REWARDS PROGRAM. YOUR USE OF ANY PORTION OF THE APP AND/OR ENROLLMENT IN OUR REWARDS PROGRAM CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY US. IF YOU DO NOT AGREE TO ANY PORTION OF THE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE APP AND/OR ENROLL IN OUR REWARDS PROGRAM.
Please note that many Captain’s Boil® restaurants are owned and operated by independent business owners (“Franchisees”) using our proprietary system and the Captain’s Boil® trademarks and service marks pursuant to a franchise agreement with us. If you are accessing the App or participating in the Rewards Program in connection with a franchised Captain’s Boil® restaurant, you understand and agree that: although we may host, develop, maintain, or operate the App and the Rewards Program on behalf of Franchisees, they are independent contractors operating as separate legal entities under franchise agreements with us. We are not responsible for any of the acts or omissions of Franchisees. We cannot and do not guarantee that Franchisees or other independently owned and operated Captain’s Boil® restaurants will follow these Terms and Conditions.
We may modify, change, amend and/or update these Terms and Conditions from time to time with or without prior notice to you. Your use of the App and/or enrollment in the Rewards Program following any such modifications, changes, amendments and/or updates constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as so modified, changed, amended and/or updated. You are responsible for reviewing the Terms and Conditions each time you use or access any portion of the App.
Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, suspend, or discontinue operation of or access to the App or any portion thereof; (2) change, revise, or modify the App or any portion thereof; (3) interrupt the operation of the App or any portion thereof for maintenance and support; and/or (4) impose limits on certain features and services, or restrict access to the App. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to the App, or that operation of the App will be uninterrupted or error free. You understand that usage of the App may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Content & Use
The App and all content, information, and other materials featured, displayed, contained, and available on the App (collectively, the “Content“) are intended solely for your own individual, non-commercial use. Unless otherwise explicitly specified, the App and Content are copyrights, trademarks, trade dress, patents, and/or other intellectual property owned, controlled, or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement, and assembly) of the App and the Content are the exclusive property of ours and are protected by U.S. and international copyright laws. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the App or its Content.
You agree to always use the App and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. We may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the App, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. You acknowledge and agree that you do not acquire any ownership or license rights by virtue of downloading the App or any Content. All rights not expressly granted under these Terms and Conditions are expressly reserved to us.
We offer the Captain’s Boil® Rewards Program (the “Rewards Program“) to reward and thank our loyal restaurant customers. The Rewards Program is available to enrolled members at participating Captain’s Boil® restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value. There are no membership fees associated with the Rewards Program.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll (see restriction below); (3) have an active, valid email address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Rewards Program under the supervision of your parent or legal guardian, who agrees to be bound by these Terms and Conditions.
Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
- Click here to create a Rewards Account
- Visit the Captain’s Boil® website located at www.fuzzystacoshop.com/Rewards
- Download on the App Store
Your Rewards Account is personal to you and may not be sold, transferred, or assigned to, or shared with family, friends or others, or used for any commercial purposes. You may have only one (1) Rewards Account. If we determine that you have created more than one (1) Rewards Account, we may deactivate your additional Rewards Account(s) at our discretion.
As a part of the Rewards Program, we will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
Points and Rewards: You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:
Qualifying Purchases: Members will earn and receive Points toward Rewards by making qualified purchases at participating Captain’s Boil® restaurants (“Qualified Purchase”) and completing at least one of the following steps: (1) scanning the barcode on the receipt from your Qualified Purchase with the built in scanner in the App within three (3) days of your Qualified Purchase; (2) scanning the QR code linking to your Captain’s Boil® Rewards Account prior to paying for your order at a participating Captain’s Boil® restaurant; (3) placing and completing a mobile order through the App; (4) logging into your Captain’s Boil® Rewards Account online and placing and completing an online order from a participating Captain’s Boil® restaurant; or (5) providing the cashier at a participating Captain’s Boil® restaurant with your phone number prior to paying for your order.
You will earn 10 Points per United States Dollar (“$” or “U.S. Dollar”) spent for Qualified Purchases. To be eligible for a Qualified Purchase, the single transaction total must be greater than $1.00 (excluding sales tax and other exceptions below). You will not earn Points when purchasing Captain’s Boil® gift cards; however, you can earn Points by making Qualified Purchases with Captain’s Boil® gift cards. The maximum amount of Points you can earn for a single Qualified Purchase is 2,500 Points, regardless of the total amount of the transaction. You may only earn Points for three (3) Qualified Purchases per 24-hour period, regardless of the number of items purchased during that period. You will not earn Points with respect to the amount of the purchase total correlated to tips, taxes, and fees (e.g., delivery fees, bag fees).
Once verified by us, the number of Points to which you are entitled will be added to your Rewards Account. You can track your Points and Rewards that you have earned for Qualified Purchases by logging into your Rewards Account History in the App. Your Points and Rewards are non-transferrable and do not have any cash value.
Social Media Sharing & Referral Bonuses: You can also receive an extra redeemable referral bonus for every friend you refer who joins our Rewards Program and completes a purchase to start earning Points. Your referral bonus will not be awarded until the referred member enrolls in the Rewards Program, enters your assigned invite code, and earns Points for making a Qualified Purchase. Individual assigned invite codes cannot be distributed through third party websites or publicly posted to social media pages.
You can also share your Captain’s Boil® experience on your personal Facebook page through the App. However, please note that all remarks, suggestions, ideas, graphics, or other information posted to your personal Facebook page through the App (collectively, the “Posts”) will forever be our property and you waive all of your rights therein provided that you will continue to be responsible for the content of any Posts, including, without limitation, any indemnification obligations related to such Posts. We will not be required to treat any Posts as confidential (unless required by law or if we have agreed to treat it as confidential in other documentation), and we will not incur any liability as a result of any similarities that may appear in our future operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Posts of every kind and will be entitled to use the Posts for any commercial or other purpose whatsoever without compensation to you or any other person. We retain the right to review, edit or delete from the App any Post(s) which we, in our sole discretion, consider illegal, offensive, in violation of a third party right or otherwise inappropriate.
You agree that you will not create a Post, or use any other portion of the App, to transmit or make available any content that: (i) violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, sexual orientation, or is otherwise tortious or objectionable; (ii) infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights; (iii) contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual; (iv) you know or have reason to know is false, misleading, or fraudulent; (v) you do not have a right to make available under any law or under contractual or fiduciary relationships; (vi) employs any techniques to disguise the origin of the content submitted; (vii) contains any unsolicited or unauthorized advertising or promotional materials; (viii) incorporates within it any software viruses or any other malicious code; or (ix) contains links to any websites containing content violating any of the foregoing requirements, the law, or other provisions of the Terms and Conditions.
Rewards: You will unlock certain rewards (a “Reward“) by accumulating a certain number of Points for Qualified Purchases, and you may redeem such Rewards at participating Captain’s Boil® restaurants. Once you earn a Reward, the amount of Points for the respective Reward shall be deducted from your Rewards Account, and you may start accumulating Points towards another Reward. You may only redeem one (1) Reward or referral bonus per transaction regardless of the number of Rewards or referral bonus you have earned in your Rewards Account. You are allowed to redeem only one (1) Reward or one (1) referral bonus per 24-hour period. A Reward or referral bonus may not be combined with any other offer or coupon. The number of days that Rewards and referral bonuses are valid for varies; check your account for expiration dates. Your Points shall expire if you do not, for a period of 365 consecutive days, either: (i) complete a Qualified Purchase; or (ii) redeem a Reward or referral bonus at a participating Captain’s Boil® restaurant.
Additional Rewards Program Terms: We reserve the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) Rewards Account, or that the use of your Rewards Account is unauthorized, deceptive, fraudulent, or otherwise unlawful or harmful. We may, in our sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. We also reserve the right to “unregister” your Rewards Account, and make you ineligible for the Rewards Program, if your account has been inactive for 365 consecutive days.
We have the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward
- change any Reward or other Rewards Program benefit we offer
- change the requirements for earning a particular Reward
- change the time you have in which to earn a particular Reward
- change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards, and referral bonuses you have earned but not used will automatically expire.
Login and Registration: Certain features or services offered on or through the App may require you to complete a registration process and/or set up an account or login. In connection therewith, you agree to: (1) provide true, accurate, current, and complete information about yourself; and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify us immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by us or any other App user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s account or login information. We shall not be liable for any loss or damage arising from your failure to comply with these obligations.
No Warranties: THE APP, THE CONTENT, AND THE REWARDS PROGRAMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE AND OUR RELATED ENTITIES, FRANCHISEES, SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “FTS PARTIES”) HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FTS PARTIES DO NOT REPRESENT OR WARRANT THAT THE APP OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE, BY YOUR USE OF THE APP, THAT YOUR USE IS AT YOUR SOLE RISK.
Electronic Communications: When you visit the App or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the App. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.
International Users: The App is controlled, operated, and administered by us from offices within the United States and is intended solely for use an access by persons residing in the United States, its territories and possessions. We make no representation regarding use of the App outside of the United States. You may not use the App or export any portion of it in violation of U.S. export laws and regulations. If you access the App from locations outside of the United States, you are responsible for compliance with all local laws.
Governing Law/Venue: The App is governed by and subject to the laws of the State of Texas, U.S.A., and, where applicable, U.S. federal law, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the courts located in Texas, U.S.A., for any disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this provision, you agree that we may apply for injunctive or other equitable relief in any court of competent jurisdiction.
Indemnification: YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ALL OF THE FTS PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THE APP; AND/OR (II) YOUR BREACH OF ANY OF THE PROVISIONS OF THE TERMS AND CONDITIONS.
General Provisions: All or any of our rights and obligations hereunder may be assigned to a subsequent owner or operator of the App in a merger, acquisition, or sale of all or substantially all of our assets. If, for any reason, a court of competent jurisdiction determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent or similar breaches.
Questions: If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at: firstname.lastname@example.org.
Last Updated: Terms and Conditions last updated on November 11, 2019.
Copyright © 2019 Captain’s Boil. All rights reserved