TERMS OF USE
Date of Last Revision: July 1, 2024
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS AND CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.
Welcome to the website and digital platforms for Jekyll & Hyde (“Jekyll & Hyde,” “we,” “us,” or “our”). These Terms govern your access to and use of our websites, mobile applications, online ordering platforms, reservation systems, rewards programs, and any related content, features, products, or services (collectively, the “Services”).
These Terms incorporate our Privacy Policy, which describes how we collect and use your information. Additional policies or terms may apply to specific features or promotions and are incorporated by reference where applicable.
We reserve the right to modify these Terms at any time. If we make material changes, we will update the “Last Revision” date above and provide notice as required by law. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
1 – Access and Use of the Services
1.1 License
The Services are provided for your personal, non-commercial use. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms. No ownership rights are transferred to you.
We may suspend or terminate access at any time for lawful reasons.
1.2 Modifications
We reserve the right to modify, suspend, or discontinue any portion of the Services at any time without liability.
2 – Conditions of Use
2.1 Compliance
You agree to use the Services only in compliance with applicable laws and these Terms. We may suspend or terminate access for violations.
2.2 User Content
You are solely responsible for any content you upload, post, transmit, or otherwise make available (“User Content”). We reserve the right (but not the obligation) to remove content that violates these Terms or is otherwise objectionable.
By submitting User Content, you represent that you own or have the necessary rights to share it and grant Jekyll & Hyde a non-exclusive, worldwide, royalty-free, perpetual license to use, display, reproduce, and distribute such content in connection with the Services.
2.3 Accounts
Certain features may require account creation. You agree to:
Provide accurate information
Maintain confidentiality of login credentials
Accept responsibility for all activity under your account
You must notify us immediately of unauthorized use.
2.4 Age Requirement
You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Services.
2.5 Prohibited Conduct
You agree not to:
Violate any law or third-party rights
Use scraping, bots, or automated systems
Circumvent security measures
Upload harmful, infringing, or unlawful content
Interfere with operation of the Services
Use the Services for unauthorized commercial purposes
3 – Intellectual Property
All content on the Services, including text, images, logos, branding, menus, designs, and software (“Jekyll & Hyde Content”), is owned by Jekyll & Hyde or its licensors and is protected by intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works without prior written permission.
The name “Jekyll & Hyde,” logos, and associated marks are trademarks of Jekyll & Hyde. All goodwill from use of these marks inures solely to us.
4 – Third-Party Services
The Services may link to third-party platforms (such as reservation systems, delivery providers, or payment processors). We are not responsible for third-party services and do not endorse them. Your use of third-party services is governed by their terms and policies.
5 – Accuracy of Information
We do not guarantee that information on the Services is accurate, complete, or current. Pricing, availability, and descriptions may change without notice.
We reserve the right to correct errors and cancel orders arising from pricing inaccuracies.
6 – Purchases and Reservations
6.1 Orders
We reserve the right to refuse or cancel orders at our discretion. By completing a purchase, you agree to pay all applicable charges, taxes, and fees.
6.2 Pricing & Refunds
Prices are subject to change. All sales are final unless otherwise stated. Refunds or exchanges are granted only where required by law or expressly stated.
7 – Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Jekyll & Hyde, its owners, affiliates, officers, employees, and agents from any claims, damages, liabilities, or expenses arising from:
Your use of the Services
Your violation of these Terms
Your violation of third-party rights
8 – Communications
8.1 Electronic Communications
By using the Services, you consent to receive communications electronically, including emails, calls, and text messages related to your account, reservations, orders, promotions, or legal notices.
8.2 SMS Messaging
If you opt in to SMS communications:
You consent to receive recurring marketing or transactional messages
Message and data rates may apply
You may opt out by replying STOP
Consent is not required as a condition of purchase
If you change or transfer your phone number, you agree to opt out before doing so. You agree to indemnify Jekyll & Hyde for claims resulting from failure to update contact information.
9 – Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, JEKYLL & HYDE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee uninterrupted, secure, or error-free operation.
10 – Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JEKYLL & HYDE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR DATA.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
THE AMOUNT YOU PAID US IN THE LAST SIX (6) MONTHS; OR
$100
Some jurisdictions do not allow certain limitations, so portions may not apply to you.
11 – Binding Arbitration; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY.
11.1 Informal Resolution
Before initiating arbitration or litigation, you agree to attempt to resolve disputes informally by emailing us a written description of the dispute at:
legal@jekyllandhyde.com (or your designated legal contact email)
The parties agree to attempt resolution for at least sixty (60) days.
11.2 Arbitration Agreement
If unresolved, disputes shall be resolved by binding arbitration under the Federal Arbitration Act.
Arbitration will be conducted on an individual basis
No class or consolidated actions permitted
You waive the right to a jury trial
Arbitration location shall be:
Your county of residence (if in the U.S.), or
Cook County, Illinois (for non-U.S. residents), unless otherwise agreed
11.3 Exceptions
Either party may bring:
Intellectual property claims in court
Claims within small claims court jurisdiction
11.4 30-Day Opt-Out
You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to legal@jekyllandhyde.com.
12 – General Provisions
These Terms constitute the entire agreement between you and Jekyll & Hyde regarding the Services.
They are governed by the laws of the State of Illinois, without regard to conflict of law principles.
If any provision is found invalid, the remaining provisions remain enforceable.
Claims must be filed within one (1) year of arising or are permanently barred.
We may assign these Terms; you may not assign without written consent.
13 – Contact Us
If you have questions regarding these Terms, please contact:
Email: info@jhstl.com
Restaurant Brand: Jekyll & Hyde