Terms of Use

  1. ACCEPTANCE OF TERMS

    Your use of www.mrpickles.com, including all other webpages owned or provided by Mr. Pickle’s Inc. or its affiliates (“Website”) and any services offered thereon, including online ordering (“Services”) is subject to the following Terms of Use.

    In order to use the Services provided on our Website, you must agree to all of these Terms of Use and if you do not agree, do not use our Website or Services.

    Individuals must be 13 years of age or older to use our Website and Services and by using our Website or Services, you agree that you are 13 years of age or older. If you are between the age of 13 and 18 years of age, you may purchase our products online only with the involvement of a parent or guardian, who must also authorize the use of any credit card.

    The Terms of Use may be updated from time to time without notice to you, but you may view the most current Terms of Use at http://mrpicklesinc.brinkpos.net/terms.aspx.

  2. OUR SERVICES

    Mr. Pickle’s Inc. is committed to providing the best possible website experience for you. As such, our Website, and information contained therein (“Content”), are provided “As-Is” and “With All Faults”, and may change in form from time to time without prior notice to you. You agree to use our Services and the Content at your own risk. Mr. Pickle’s Inc. may stop, either permanently or temporarily, offering or providing Services and may modify or delete Content at Mr. Pickle’s Inc.’s sole discretion without prior notice to you.

    In order to access some of our Website and Services, you may be required to register with us by providing certain information about yourself to us. Your registration with Mr. Pickle’s Inc. may be canceled at any time in the sole discretion of Mr. Pickle’s Inc. If your registration is canceled, you may be restricted from accessing all or part of Mr. Pickle’s Inc.’s Website and/or Services.

    Mr. Pickle’s Inc. and its shareholders, directors, officers, employees, franchisees and agents assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any of your online ordering information, your registration with us or your communications or personalized settings.

    You agree not to use our Services in violation of: (a) our Terms of Use; (b) our Privacy Policy; (c) any applicable law, regulation or generally accepted principles in the applicable jurisdictions; or (d) trademark, copyright, privacy or other intellectual property law or regulation. You agree not to engage in any activity that interferes with or disrupts our Services.

  3. PRIVACY POLICY AND CONFIDENTIALITY

    We recognize that your privacy is important. Our Terms of Use include our privacy policy and your acceptance of our privacy policy is necessary to agree to our Terms of Use. Therefore, please review our privacy policy located at http://mrpicklesinc.brinkpos.net/privacy.aspx, which explains how we treat your personal information and protect your privacy when you use our Website and Services.

    We are committed to protecting the privacy of children. Our Website and Services are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Your registration on our Website may be deleted, without warning, if we believe that you are under 13 years of age.

    You are responsible for maintaining the confidentiality of your log-in and password and agree to immediately notify us of any unauthorized use of your log-in and password.

  4. GIFT CARDS

    Your use of the Mr. Pickle’s Sandwich Shop gift cards for online ordering is subject to the following restrictions. This card is redeemable at all participating Mr. Pickle’s Sandwich Shop locations by presenting the card to the cashier at the time of purchase or providing card details at time or order for delivery orders. This card may not be used for online Pickle Gear purchases. For a location near you go to www.mrpickles.com.

    The card has no value until purchased. Protect this card as you would cash as it cannot be replaced if lost, damaged, or stolen. You can reload your card and/or check your balance at any participating store or online at www.mrpickles.com. Unless required by law, this card is not redeemable for cash.

  5. ONLINE ORDERING

    The Website offers the sale of our products at participating Mr. Pickle’s Sandwich Shop locations. You are solely responsible for selecting a location to pick up your ordered products and picking up your products in a timely manner. Mr. Pickle’s Inc. and its franchisees reserve the right to refuse service or cancel orders in their sole discretion.

  6. INTELLECTUAL PROPERTY

    Unless otherwise noted, the Website and its Content are protected as the copyrights, trade dress, trademarks or other intellectual property owned by Mr. Pickle’s Inc. or other parties that have licensed their material to Mr. Pickle’s Inc. Any unauthorized use thereof may violate copyright, trademark and other applicable laws and regulations, and is a breach of these Terms of Use. This Website does not give you a license to use Mr. Pickle’s Inc.’s intellectual property in any fashion.

  7. NO WARRANTIES

    MR. PICKLE’S INC. AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, FRANCHISEES AND AGENTS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

    Without limiting the foregoing, Mr. Pickle’s Inc. and its shareholders, directors, officers, employees, franchisees and agents make no representations or warranties regarding the accuracy, reliability, completeness or timeliness of the Website or Services provided on or through the use of our Website. Mr. Pickle’s Inc. and its shareholders, directors, officers, employees, franchisees and agents do not have any liability or responsibility to users of our Website or Services, or any other person or entity for performance or nonperformance of the Services.

    Mr. Pickle’s Inc. and its shareholders, directors, officers, employees, franchisees and agents does not provide any warranty that your use of our Services will meet your requirements or be uninterrupted, timely, secure or free from error or defects.

  8. MATERIAL BREACH OF THESE TERMS OF USE

    The following actions shall constitute a material breach of these Terms of Use:

    1. Using our Website, Services or Content for any purpose in violation of local, state, national or international laws or regulations;
    2. Collecting information about other visitors to our Website without our written consent;
    3. Allowing any other person or entity to use your log-in or password for submitting or viewing information on our Website or using our Services;
    4. Impersonate any person or entity, including a Mr. Pickle’s Inc. employee, franchisee or agent;
    5. Copying, modifying, reproducing, republishing, distributing, displaying or transmitting for commercial, non-profit or public purposes all or any portion of our Website or its Content;
    6. Exporting the Website, the Content or any software available on or through the website in violation of the law or regulations; or
    7. As determined in Mr. Pickle’s Inc.’s sole discretion, misusing or abusing our Services, including online ordering, or our gift cards.

    To report a violation of these Terms of Use, please contact our Webmaster at info@mrpickles.com.

  9. RESERVATIONS OF RIGHTS

    Mr. Pickle’s Inc. expressly reserves the right, but is not obligated, to do any or all of the following:

    1. Investigate an allegation that a registration does not conform to our Terms of Use and we determine in our sole discretion to remove the registration;
    2. Terminate your registration with Mr. Pickle’s Inc. upon breach of our Terms of Use as determined in our sole discretion;
    3. Disclose your registration information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with any legal process, to enforce these Terms of Use, and protect the rights, property or personal safety of Mr. Pickle’s Inc., its users and the public; or
    4. Change, add or delete any term in this Term of Use, add or withdraw participating Mr. Pickle’s Sandwich Shops who participate in our Services or accept our gift cards, and terminate our Services at any time without advance notice to you.

    No failure or delay by Mr. Pickle’s Inc. in exercising any rights, power or remedy under these Terms of Use shall operate as a waiver of any such right, power or remedy.

  10. INDEMNIFICATION

    You agree to defend, indemnify and hold Mr. Pickle’s Inc. and its shareholders, directors, officers, employees, franchisees and agents harmless from and against any claims, actions, demands, liabilities and settlements, including, without limitation, attorneys’ fees and costs, resulting from or allege to result from, your violation of these Terms of Use.

  11. LIMITATION OF LIABILITY

    MR. PICKLE’S INC. AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, FRANCHISEES AND AGENTS DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM OUR WEBSITE, THE SERVICES OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) YOUR USE OF THIS WEBSITE, THE SERVICES, OR THE CONTENT, OR ANY RELIANCE THEREON BY YOU; (C) THIRD PARTY COMMUNICATIONS, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE SERVICES, THE CONTENT, OR ANY PORTION THEREOF; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE SERVICES, OR THE CONTENT.

    MR. PICKLE’S INC. AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, FRANCHISEES AND AGENTS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, THE SERVICES OR THE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MR. PICKLE’S INC.’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

  12. JURISDICTION

    These Terms of Use shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Mr. Pickle’s Inc. agree to submit to the exclusive jurisdiction of the courts located in the County of Placer, California in the United States of America to resolve any legal matter arising from the Terms of Use.

  13. SURVIVABILITY/SEVERABILITY

    The following provisions survive the expiration or termination of these Terms of Use for any reason: Privacy Policy and Confidentiality, Intellectual Property, No Warranties, Reservation of Rights, Indemnification, Limitation of Liability, Jurisdiction, and Survivability/Severability.

    If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the terms. The remaining provisions of the Terms of Use will continue to be valid and enforceable.

  14. COMPLETE AGREEMENT

    These Terms of Use and the Mr. Pickle’s Inc. Privacy Policy constitute the entire agreement between you and Mr. Pickle’s Inc. with respect to the use of the Mr. Pickle’s Inc.’s Website, Services and Content.