Welcome to www.carrabbas.com (the "Site"). The documents, data, information and other materials
[collectively the
"Material(s)"] contained on the Site are provided by Carrabba's Italian Grill, LLC, a company
within
the
Bloomin' Brands, Inc. ("BBI") group of brands, exclusively for non-commercial, individual use to
inquire about
Carrabba's Italian Grill food and related services and for no other purpose ("Authorized
Users"). By
using the
Site, you agree to all of the Terms of Use set forth below. Please read them carefully. If you
do not
wish to
agree to the Terms of Use, please refrain from using the Site.
BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR CONTENTS, YOU SHALL BE DEEMED TO HAVE
AGREED
TO EACH AND
ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE "AGREEMENT") WITHOUT MODIFICATION.
If you
are not an
Authorized User, and if you do not agree to the terms of this Agreement, you may not use this
Site.
AGREEMENT FOR USE.
You warrant that you are at least 18 years of age and possess the legal authority to enter into
this
Agreement
and to use this Site in accordance with all terms herein. You agree to be financially
responsible for
all of
your use of this Site (as well as for use of your account by others, including without
limitation
minors living
with you). You agree to supervise all usage by minors of this Site under your name or account.
You
also warrant
that all information supplied by you or members of your household in using this Site is true and
accurate and
without limitation. You agree that if ordering facilities are made available for your use
through the
Site, the
ordering facilities shall be used only to make legitimate purchases for you or for other people
for
whom you are
legally authorized to act. You understand that overuse or abuse of the ordering facilities of
this
Site may
result in your being denied access to such facilities.
For any ordering or other services for which fees may be charged, you agree to abide by the terms
and
conditions
of purchase imposed, including, but not limited to, payment of all amounts when due and
compliance
with all
rules and restrictions regarding availability of rates, products, or services. You shall be
completely
responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the
Site.
MINORS.
This Site is for a general audience and is not designed nor intended to collect personal
information
from
children under the age of 13. BBI does not knowingly collect personal information from anyone
under
the age of
13. We ask that parents supervise their children while online.
WIRELESS RESERVATIONS.
Functionality is not guaranteed with all types of mobile devices in using this Site. In addition,
the
connection
to a mobile device will not work if your device is not configured for SSL encryption. You should
contact your
service provider directly for technical assistance or any questions. Please note that security
features vary by
carrier/service provider and mobile device. Additional minutes/charges may apply and may be
charged by
your
mobile carrier/service provider.
LIMITED LICENSE TO VIEW AND COPY.
The content and information displayed on this Site ("Materials") is the property of BBI and/or
other
parties. The
downloading, reproduction, or retransmission of BBI Materials, other than for non-commercial
individual use, is
strictly prohibited. This Site is to be used by Authorized Users for personal use only.
Commercial
uses of this
Site are strictly prohibited. If you are currently an Authorized User, you are granted a
limited,
non-transferable, revocable license to view and copy the Materials solely for your personal use,
subject to the
restrictions below.
PROHIBITED CONDUCT.
You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the
Materials to
any third
party without the prior written permission of BBI; ( b) interfere with or disrupt networks
connected
to the
Site; (c) use or attempt to use any device, software or routine which interferes with the proper
functioning of
the Site or any transactions being offered through the Site; (d) transmit files, data or other
materials
containing a computer virus, corrupted data, worms, "Trojan horses" or other instructions or
design
that would
erase data or programming or cause the Site or any equipment or system to become inoperable or
incapable of
being used in the full manner for which it was designed; (e) deliver any communication to or
through
the Site
which violates any local, state, federal or international law; (f) deliver any communication to
or
through the
Site that contains defamatory, libelous, abusive or obscene material; or (g) deliver any
communication
to or
through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS.
This Site and the Materials contain and reference trademarks, patents, trade secrets,
technologies,
products,
processes or other proprietary rights of BBI, through its subsidiaries, and/or other parties. No
license or
right to or in any such trademarks, patents, trade secrets, technologies, products, processes
and
other
proprietary rights of BBI, through its subsidiaries, and/or other parties is granted to or
conferred
upon you.
Reproduction or storage of Materials obtained from this Site is subject to the U.S. Copyright
Act of
1976, Title
17 U.S.C. No Materials may be reproduced, distributed, posted, displayed, uploaded, or
transmitted
except as
expressly permitted herein. You may not remove any copyright, trademark notice or proprietary
notices
from the
Materials; or use the Materials or this Site except as permitted in this Agreement. The use of
any
Materials
from the Site on any other internet, intranet, web or other site or computer environment is
prohibited. You may
not utilize framing techniques to frame any BBI trademarks, logos, or other proprietary
information
(including
images and text). You may not use any meta tags or any other "hidden text" utilizing our name,
trademarks or
other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES.
All contents of this Site are the copyrighted property of BBI, or its subsidiaries, affiliates,
or a
BBI
licensor, as applicable. All contents of the Site are protected by United States and
international
copyright
laws. Bloomin' Brands, Inc. is a trade name describing the subsidiary companies of Bloomin'
Brands,
Inc.
involved in the restaurant industry in the U.S. and around the world. Bloomin' Brands, Inc.,
through
its
subsidiaries, is the franchisor/licensor of the BBI brand names and marks. Trademarks owned by a
BBI
company may
not be used or displayed publicly without the prior written permission of the owner of the
marks,
except for
downloaded logos and photographs as and if provided for elsewhere on the Site. Any rights not
expressly granted
herein are reserved.
The following are some of the service marks owned by Bloomin' Brands, Inc., or its subsidiaries,
or
affiliates:
Carrabba's Italian Grill, Outback Steakhouse, Bonefish Grill, Fleming's Prime Steakhouse and
Wine Bar
and
Carrabba's Amici Club.
COPYRIGHT COMPLAINTS.
If you believe that your work has been copied and posted to our Site in a way that constitutes
copyright
infringement, you should provide our Copyright Agent with a written notice that sets forth the
infringement
details. To be effective, the notice must contain the following information: (1) a description
of the
copyrighted work that you believe has been infringed; (2) a description of the material that you
claim
is
infringing the copyrighted work and a detailed description of where it is located on our Site;
(3)
your address,
telephone number, and e-mail address; (4) a written statement by you that you have a good faith
belief
that the
disputed use is not authorized by the copyright owner, its agent, or the law; (5) a statement by
you,
made under
penalty of perjury, that the above information in your notice is accurate and that you are the
copyright owner
or authorized to act on the copyright owner's behalf; and (6) an electronic or physical
signature of
the
copyright owner or person authorized to act on behalf of the owner of the copyright interest.
Please send the written notice to our Copyright Agent at the following address by mail or
e-mail:
Bloomin' Brands, Inc.
Attn: Copyright Agent/Legal Department
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
E-mail: copyrightagent@bloominbrands.com
We reserve the right, in appropriate circumstances and at our discretion, to terminate the
privileges
of any
account holder who repeatedly infringes the copyrights or other intellectual property rights of
BBI or
others.
SUBMISSION OF CONTENT.
Any submission to BBI is entirely voluntary, non-confidential, gratuitous and non-committal. You
grant
to BBI and
its designees a perpetual, irrevocable, non-exclusive fully-paid and royalty-free license to use
any
ideas,
photos or other materials you submit (collectively the "Content") to BBI and/or the Site without
restrictions of
any kind and without any payment, acknowledgement or other consideration of any kind, or
permission or
notification, to you or any third party. By submitting Content to the Site, you are giving BBI
permission to
publish such Content to any BBI maintained material including, but not limited to: websites,
e-mail
campaigns,
social media pages, in-restaurant print materials, radio and television.
MONITORING.
BBI shall have the right, but not the obligation, to monitor the content of the Site at all
times,
including any
chat rooms and forums that are or may hereinafter be included as part of the Site, to determine
compliance with
this Agreement and any operating rules established by BBI, as well as to satisfy any applicable
law,
regulation
or authorized government request. Without limiting the foregoing, BBI shall have the right, but
not
the
obligation, to remove any material that BBI, in its sole discretion, finds to be in violation of
the
provisions
hereof or otherwise objectionable, including without limitation, comments that contain the
following:
• Hate speech - language that degrades others on the basis of gender, race, national origin,
religion, sexual
orientation or disability
• Personal attacks - language that is threatening, intimidating, defamatory, libelous or
encourages
others to
cause injury or property damage to any person
• Invasion of privacy - phone numbers, e-mail addresses, physical addresses or other personal
information
• Off topic - opinions and arguments unrelated to the article to which the comments are attached
or to
the
comments of other readers
• Advertising - solicitations or advertising of any kind, including comments or links that are
aimed
at
promoting other products or services
• Copyright/Plagiarism - comments that appear to violate copyright laws
• Offensive - offensive language or images, including but not limited to nudity
LINKED WEB SITES.
This Site includes links to other web sites. BBI provides such links solely as a convenience to
you
and
for informational purposes only. BBI has not reviewed all of the information on these other web
sites.
The inclusion of these links in no way indicates BBI's endorsement, support or approval of the
content,
advertising, products, services, policies or other materials on or available from such web
sites.
Neither BBI, nor any other providers of products or services related to this Site, shall be
responsible
for the content of any other web sites and make no representation or warranty regarding any
other web
sites or the contents or materials on such web sites. If you decide to access other web sites,
you do
so
at your own risk. Other web sites may include links to the Site. The inclusion of such links
does not
indicate the other web site's endorsement, support or approval of the content, advertising,
products,
services, policies or other materials on or available from the Site.
PRIVACY.
Your use of the Site is subject to our Privacy Policy. If you would like to view our privacy
practices
please review our Privacy Policy.
SECURITY.
If you have been provided with a login and password, then any such login and password are for
your
personal use only. You may not reveal your login or password to anyone else or permit anyone
else to
use
your login and password to access the Site. You are responsible for maintaining the
confidentiality
and
security of your login and password and accept full responsibility for all activities that occur
under
your account or password. You must notify BBI immediately in the event that the security of your
login
or password has been breached.
DISCLAIMER. THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS, AND SERVICES PROVIDED OR OTHERWISE
MADE
AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION,
CONDITION,
UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR
FITNESS
FOR
A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES,
THE
ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU. Further BBI does not warrant the accuracy or completeness of
the
information, text, graphics, links or other items contained within the Materials, nor does BBI
warrant
that the Site will be current, error free or available at all times or without interruption. BBI
also
does not warrant that the Site or communications from BBI will be free of viruses or other
harmful
components. BBI may make changes to the Materials, or the programs, policies or other
information
described in the Materials, at any time without notice. BBI makes no commitment to update the
Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL BBI BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT,
CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN
ACTION
IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE
PERFORMANCE OR NON-PERFORMANCE BY BBI, ITS SUBSIDIARIES OR AFFILIATES, OR ANY THIRD PARTY
PROVIDERS OF
PRODUCTS OR SERVICES RELATED TO THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF
WHETHER
THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF
BBI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE
EXCLUSION OR
LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU
AND
SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF
CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY
WEB SITE
LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES,
REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR
TRADE-SECRET
INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE
CONNECTED
WITH YOUR USE OF THE SITE.
TERMINATION/ACCESS RESTRICTION.
BBI reserves the right, in its sole discretion, to modify your access or terminate your access to
the
Site and your account, if applicable, at any time, without notice. The provisions above relating
to
Intellectual Property, Disclaimer of Warranties & Limitation of Liability, Indemnification
&
Release, and Applicable Law & Disputes will survive termination of this Agreement.
NOTICES.
When you visit the Site or send e-mails to us, you are communicating with us electronically. By
doing
so,
you consent to receive communications from us electronically. We will communicate with you by
e-mail
or
by posting notices on this Site. 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.
MISCELLANEOUS PROVISIONS.
Any claim relating to this Agreement or the Materials shall by governed by the laws of the State
of
Florida, United States of America, exclusive of the choice of law rules thereof. This Agreement
constitutes the entire agreement of the parties with respect to the subject matter hereof and
supersedes
all prior oral and written agreements. No failure or delay on the part of BBI in exercising any
right
or
remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a
waiver
thereof. If any part or provision of this Agreement is found to be invalid, unenforceable or
void,
then
the remaining portion shall remain in full force and effect. Headings are for convenience only
and not
for use in interpretation of this Agreement. There are no third-party beneficiaries of this
Agreement.
SITE POLICIES AND MODIFICATION.
We reserve the right to make changes to our Site, policies, and these Terms of Use at any time.
Any
changes to these Terms of Use will be effective upon our posting of notice of the changes on the
Site.
These changes will be effective immediately for new users of the Site. We suggest that you
re-read our
Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such
changes. Any use of the Site by you after such notice shall be deemed to constitute acceptance
by you
of
such modifications.
OUR CONTACT INFORMATION
Bloomin' Brands, Inc.
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
Telephone: 813-282-1225