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| Welcome to the The Brown Bag Online Ordering Web site, orderbrownbag.com. By using orderbrownbag.com YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on orderbrownbag.com. The policies of The Brown Bag retaurants may differ substantially from those applicable to your use of the orderbrownbag.com. References to The Brown Bag herein refer to The Brown Bag, Inc., orderbrownbag.com, or their affiliates, subsidiaries and designees as deemed appropriate by The Brown Bag, Inc. The Brown Bag reserves the right to make changes to orderbrownbag.com and its Conditions of Use and Legal Notices at any time. Each time you use orderbrownbag.com, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with orderbrownbag.com, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using orderbrownbag.com. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited. Disclaimers and Limitation of Liability Intended for Users Over 13 Product Display/Colors Errors on Our Site Pricing Policy Sales Tax Policy Paying for Your Order Using Digital Coupons Validating Your Order Order Acceptance/Confirmation Return Policy Order Limitations/Limited Quantities Termination of Use Disclaimers and Limitation of Liability By using orderbrownbag.com, you expressly agree that use of orderbrownbag.com is at your sole risk. orderbrownbag.com is provided on an "AS IS" and "as available" basis. Neither The Brown Bag nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of orderbrownbag.com will be uninterrupted or error-free. Neither The Brown Bag nor its Associates warrant the accuracy, integrity or completeness of the content provided on orderbrownbag.com or the products or services offered for sale on orderbrownbag.com. Further, The Brown Bag makes no representation that content provided on orderbrownbag.com is applicable to, or appropriate for use in, locations outside of the United States. The Brown Bag and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by The Brown Bag or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you. Under no circumstances shall The Brown Bag or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use orderbrownbag.com, including but not limited to reliance by you on any information obtained from orderbrownbag.com that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of The Brown Bag has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through orderbrownbag.com. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Intended for Users Over 13 orderbrownbag.com is intended for use by individuals 13 years of age or older. orderbrownbag.com is not directed to use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this site. Product Display/Colors orderbrownbag.com attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of the color depends, in part, upon the monitor you are using. Errors on Our Site Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and The Brown Bag reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, The Brown Bag will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with The Brown Bag' Return Policy. Pricing Policy Online prices, offers and selection may vary from our restaurants and are subject to change. Sales Tax Policy Because The Brown Bag does business throughout the United States and collects and remits sales tax as required by law, orderbrownbag.com also collects and remits sales tax as appropriate. Paying for Your Order You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa®, MasterCard®, American Express® and Discover® Card. Credit and debit card are not charged at the time you order. Using Digital Coupons Digital Coupons, unlike credit or debit cards, are debited at the time an order is placed. Digital Coupons will automatically be redeemed to purchase totals, up to the total purchase amount. Digital Coupons must be used prior to their noted expiration date and within a single transaction. Coupon cannot be replaced if it is lost, stolen, deleted, or if you cancel or return your purchase. Validating Your Order After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card. Order Acceptance/Confirmation Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. orderbrownbag.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. Return Policy All sales made through orderbrownbag.com are subject to The Brown Bag' return policy. Order Limitations We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order. Order Limitations/Limited Quantities The Brown Bag may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. The Brown Bag also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same orderbrownbag.com account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. The Brown Bag reserves the right to limit or prohibit sales to dealers. Termination of Use The Brown Bag may, in its sole discretion, terminate your account or your use of orderbrownbag.com at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. The Brown Bag reserves the right to change, suspend, or discontinue all or any aspects of orderbrownbag.com at any time without prior notice. |
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