Terms of Service

Please read these Terms of Service carefully before using the website located at 4rivers-food.rest (the "Website") or any services offered by 4 Rivers ("Company," "we," "us," or "our"). These Terms of Service constitute a legally binding agreement between you and 4 Rivers governing your access to and use of our Website and food-related services.

1. Acceptance of Terms

By accessing, browsing, or using our Website at 4rivers-food.rest, placing an order, registering for an account, or otherwise engaging with any services provided by 4 Rivers, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including any future modifications. These Terms of Service apply to all visitors, users, customers, and others who access or use our Website and services.

If you do not agree to these Terms of Service, you must immediately discontinue your use of the Website and our services. Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

By using this Website, you represent and warrant that:

• You are at least 18 years of age or have the legal capacity to enter into a binding contract under applicable law;
• You have the right, authority, and legal capacity to enter into these Terms of Service and to abide by all terms and conditions set forth herein;
• You are not prohibited from receiving services under the laws of the United States or other applicable jurisdictions;
• You will use the Website and services solely for lawful purposes and in accordance with these Terms of Service.

2. Description of Services

4 Rivers is a food-related business operating in the United States. Our Website and associated services may include, but are not limited to:

• Online Food Ordering: The ability to browse menus, select food and beverage items, customize orders, and place orders for pickup, delivery, or dine-in services, where available;
• Menu Information: Providing detailed descriptions, photographs, pricing, and nutritional information related to our food and beverage offerings;
• Reservations: Accepting and managing table reservations or event bookings at our restaurant location(s);
• Catering Services: Providing catering services for private events, corporate gatherings, and special occasions;
• Account Management: Allowing registered users to manage their profiles, order history, saved preferences, and loyalty rewards (if applicable);
• Promotional Offers: Delivering information about special deals, promotions, seasonal menus, and loyalty programs;
• Customer Support: Providing assistance with orders, inquiries, complaints, and general support through various communication channels;
• Content and Information: Sharing informational content including blog posts, recipes, food preparation tips, and company news.

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of services.

Availability of certain services may vary based on your geographic location within the United States. Not all menu items, promotions, or service options may be available in all areas. We reserve the right to limit the availability of services or products to any person, geographic region, or jurisdiction at our sole discretion.

3. User Accounts and Registration

Certain features of our Website may require you to create a user account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your account credentials, including your password;
• Accept full responsibility for all activities that occur under your account;
• Notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including but not limited to cases where we believe that user conduct violates applicable law or is harmful to our interests, those of other users, third parties, or the integrity of our services.

You may not create multiple accounts, transfer your account to another person, or use another person's account without their explicit permission. Accounts created by automated means or under false pretenses will be terminated.

4. User Obligations and Prohibited Activities

As a user of our Website and services, you agree to comply with all applicable federal, state, and local laws and regulations of the United States. You assume all responsibility and risk for your use of the Website and services.

4.1 User Obligations

You agree to:

• Use the Website and services only for lawful purposes and in a manner consistent with these Terms of Service;
• Provide accurate and truthful information when placing orders, creating accounts, or communicating with us;
• Pay for all orders placed through our Website in a timely manner;
• Comply with all applicable food safety, health, and consumer protection laws and regulations;
• Respect the intellectual property rights of 4 Rivers and third parties;
• Use the Website in a manner that does not interfere with or disrupt the integrity or performance of the Website or the data contained therein.

4.2 Prohibited Activities

You expressly agree not to engage in any of the following prohibited activities:

• Fraudulent Activity: Using false information, stolen payment methods, fraudulent identities, or any deceptive practices in connection with your use of our services;
• Unauthorized Access: Attempting to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website;
• System Interference: Using any automated tools, bots, scrapers, crawlers, or similar technologies to access, extract data from, or interfere with the Website without our express written permission;
• Malicious Code: Introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful to our systems or those of other users;
• Intellectual Property Infringement: Reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Website or services without our express written permission;
• Defamation and Harassment: Posting or transmitting content that is unlawful, offensive, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Impersonation: Impersonating any person or entity, including any employee or representative of 4 Rivers, or falsely stating or misrepresenting your affiliation with any person or entity;
• Spam: Transmitting unsolicited commercial communications or spam through our Website or to our customers;
• Order Manipulation: Placing fraudulent orders, repeatedly placing and canceling orders with the intent to harm our operations, or abusing promotional offers or discount codes;
• Commercial Exploitation: Using our Website or services for any unauthorized commercial purpose, including reselling food items purchased through our platform without our written consent;
• Privacy Violations: Collecting or harvesting personal information about other users of our Website without their consent, in violation of applicable privacy laws including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) where applicable;
• Reverse Engineering: Attempting to reverse engineer, disassemble, or decompile any software or technology used in the Website or services.

Violation of these prohibited activities may result in immediate termination of your account and access to our services, and may expose you to civil and/or criminal liability under applicable United States federal and state laws.

5. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including but not limited to all text, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data compilations, software, and the compilation thereof — are the exclusive property of 4 Rivers or its content suppliers and are protected by United States and international intellectual property laws, including the Copyright Act (17 U.S.C. § 101 et seq.), trademark laws, and other applicable intellectual property statutes and treaties.

The 4 Rivers name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of 4 Rivers or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5.1 Limited License

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for your personal, non-commercial use in connection with our food services. This license does not include:

• Any resale or commercial use of the Website or its contents;
• Any collection and use of product listings, descriptions, or prices;
• Any derivative use of the Website or its contents;
• Any downloading, copying, or other use of account information for the benefit of any third party;
• Any use of data mining, robots, or similar data gathering and extraction tools.

5.2 User-Submitted Content

If you submit, post, or transmit any content to our Website, including reviews, comments, feedback, photographs, or other materials ("User Content"), you grant 4 Rivers a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing license.

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content that we determine, in our sole discretion, violates these Terms of Service or is otherwise objectionable.

6. Payment Terms

When you place an order or make a purchase through our Website, you agree to provide current, complete, and accurate purchase and account information. You further agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

6.1 Pricing and Fees

All prices displayed on our Website are in United States Dollars (USD) and are subject to change without notice. We reserve the right to modify our pricing at any time. Applicable sales taxes, service fees, delivery fees, and other charges will be calculated and displayed at checkout prior to the completion of your purchase.

6.2 Payment Processing

We accept various forms of payment as indicated on our Website, which may include major credit cards, debit cards, and other electronic payment methods. All payment transactions are processed through secure third-party payment processors. By providing your payment information, you authorize us to charge the applicable fees to your designated payment method.

6.3 Refunds and Cancellations

Our refund and cancellation policy is as follows:

• Orders may be canceled within a limited window of time after placement, as specified during the ordering process;
• Refunds for canceled orders will be processed to the original payment method within a reasonable timeframe, subject to our payment processor's policies;
• If you receive an incorrect, incomplete, or unsatisfactory order, please contact us at [email protected] within 24 hours of receipt to discuss remedies, which may include a replacement, credit, or refund at our discretion;
• We reserve the right to refuse refunds for orders where the issue is attributable to incorrect information provided by the customer or circumstances beyond our reasonable control.

6.4 Promotional Offers and Discount Codes

Promotional offers, discount codes, and coupon codes are subject to specific terms and conditions that will be communicated at the time of the promotion. Promotional offers may not be combined unless expressly stated. We reserve the right to discontinue, modify, or limit any promotional offer at any time without notice.

7. Food Safety, Allergen Information, and Dietary Disclosures

4 Rivers takes food safety seriously and complies with all applicable federal and state food safety laws and regulations, including those enforced by the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA), as well as applicable state and local health codes.

We make reasonable efforts to provide accurate allergen and nutritional information on our Website. However, we cannot guarantee that our menu items are entirely free from any specific allergen, as cross-contamination may occur in our food preparation environments. Customers with severe food allergies or dietary restrictions are strongly encouraged to:

• Review all available ingredient and allergen information carefully;
• Contact us directly at [email protected] prior to placing an order to discuss their specific needs;
• Consult with a healthcare professional regarding dietary restrictions.

4 Rivers shall not be liable for any adverse reactions, health consequences, or damages arising from the consumption of food items where the customer failed to disclose known allergies or where the customer was made aware of potential allergen risks.

8. Disclaimers and "As-Is" Basis

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ALL SERVICES, CONTENT, MATERIALS, AND PRODUCTS PROVIDED BY 4 RIVERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

4 RIVERS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE;
• WARRANTIES THAT DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED;
• WARRANTIES RELATING TO THE QUALITY, SAFETY, OR LEGALITY OF FOOD ITEMS BEYOND THOSE REQUIRED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the maximum extent permitted by applicable law.

We do not warrant or make any representations regarding the use or the results of the use of the materials on this Website in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction arising from your use of the Website and services.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 4 RIVERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOSS OF PROFITS, REVENUE, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR INFORMATION;
• LOSS OF BUSINESS OR GOODWILL;
• PERSONAL INJURY OR PROPERTY DAMAGE;
• COSTS OF SUBSTITUTE GOODS OR SERVICES;
• ANY OTHER INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES;

ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF 4 RIVERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF 4 RIVERS TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE WEBSITE AND SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO 4 RIVERS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless 4 Rivers, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms of Service;
• Your use of the Website or services, including but not limited to any use other than as expressly authorized in these Terms;
• Your violation of any applicable federal, state, or local law, regulation, or ordinance;
• Your violation of any third-party rights, including without limitation any intellectual property rights, privacy rights, or proprietary rights;
• Any User Content you submit, post, or transmit through the Website;
• Any claims brought by third parties arising from your use of food products or services obtained through our Website;
• Any fraudulent, negligent, or willful misconduct by you in connection with your use of the Website and services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

11. Privacy Policy

Your use of our Website and services is also governed by our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy describes how we collect, use, store, and share your personal information in compliance with applicable United States federal and state privacy laws, including the Federal Trade Commission Act (FTC Act), and where applicable, the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). By using our Website and services, you consent to the collection and use of your personal information as described in our Privacy Policy.

We encourage you to review our Privacy Policy, available on our Website, to understand our data practices. If you have any questions about our privacy practices, please contact us at [email protected].

12. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or resources that are not owned or controlled by 4 Rivers. Such links are provided for your convenience and informational purposes only. We have no control over the content, privacy policies, or practices of any third-party websites or services, and we assume no responsibility for any consequences of your accessing such websites or services.

We do not warrant, endorse, guarantee, or assume responsibility for any product, service, or content advertised or offered by a third party through the Website, or any third-party website or service linked from the Website. We encourage you to review the terms of service and privacy policies of any third-party websites or services that you visit.

13. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States of America and the applicable state laws of the state in which 4 Rivers is registered and operates, without giving effect to any choice or conflict of law provision or rule.

Any legal action or proceeding arising under or relating to these Terms of Service shall be brought exclusively in the federal or state courts of competent jurisdiction located in the United States, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

These Terms of Service are subject to compliance with all applicable United States federal laws and regulations, including but not limited to:

• The Federal Trade Commission Act (15 U.S.C. § 41 et seq.) governing unfair or deceptive acts and practices in commerce;
• The Electronic Communications Privacy Act (ECPA);
• The Computer Fraud and Abuse Act (CFAA);
• The Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act);
• The Americans with Disabilities Act (ADA) regarding website accessibility;
• All applicable state consumer protection statutes.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact 4 Rivers in writing at [email protected] to attempt to resolve any dispute informally. We will make reasonable efforts to resolve any dispute, claim, or controversy through informal negotiation within thirty (30) days of receiving written notice of the dispute.

14.2 Binding Arbitration

If informal resolution is unsuccessful, you and 4 Rivers agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Website or services (collectively, "Disputes") shall be resolved by binding individual arbitration rather than in court, except as set forth herein.

The arbitration shall be administered by a recognized arbitration organization under its then-current rules and procedures. The arbitration shall take place in the United States, and the language of arbitration shall be English. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND 4 RIVERS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and 4 Rivers agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction in order to maintain the status quo pending arbitration. Either party may also bring claims in small claims court if the claims qualify and remain in such court.

15. Term and Termination

These Terms of Service shall remain in full force and effect while you use the Website or services, or maintain an account with us. We reserve the right, at our sole discretion and without prior notice, to:

• Terminate or suspend your account and access to the Website and services immediately;
• Remove or refuse to process any order or request;
• Refuse, restrict, or discontinue service to any user.

Grounds for termination may include, but are not limited to: violation of these Terms of Service, fraudulent activity, abusive behavior toward our staff or other customers, failure to pay for services rendered, or any conduct that we determine to be harmful to our business, other users, or third parties.

Upon termination of your account or access rights, you must immediately cease all use of the Website. Any provisions of these Terms of Service that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, indemnification, limitations of liability, and governing law provisions.

If you wish to terminate your account, you may do so by contacting us at [email protected]. We will process your request within a reasonable timeframe, subject to any outstanding obligations, including unpaid balances.

16. Changes to These Terms of Service

4 Rivers reserves the right to modify, amend, update, or replace these Terms of Service at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and, where required by applicable law or deemed appropriate by us, provide additional notice to registered users via email or a prominent notice on our Website.

We encourage you to review these Terms of Service periodically to stay informed about your rights and obligations. Changes to these Terms of Service will be effective immediately upon posting to the Website unless a later effective date is specified.

Your continued use of the Website or services after the effective date of any changes constitutes your acceptance of the revised Terms of Service. If you do not agree to the modified Terms of Service, you must stop using the Website and services and, if applicable, close your account.

17. Severability

If any provision of these Terms of Service is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, void, unenforceable, or in conflict with applicable law, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and continue to be enforceable.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, all of which shall remain in full force and effect. A waiver by either party of any term or condition of these Terms of Service, or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.

18. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices and policies published by 4 Rivers on the Website, constitute the entire agreement between you and 4 Rivers with respect to your use of the Website and services, and supersede all prior or contemporaneous communications, agreements, representations, and understandings, whether written or oral, between you and 4 Rivers regarding the subject matter hereof.

No failure or delay by 4 Rivers in exercising any right, power, or privilege under these Terms of Service shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Service.

19. Force Majeure

4 Rivers shall not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, governmental actions or restrictions, labor disputes or strikes, power failures, internet or telecommunications outages, civil unrest, or any other cause beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, our performance shall be suspended for the duration of such event, and we will use commercially reasonable efforts to resume normal operations as soon as practicable.

20. Electronic Communications and Notices

By using our Website and providing your email address, you consent to receive electronic communications from 4 Rivers, including but not limited to order confirmations, receipts, promotional offers, and administrative notices. These electronic communications satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.

All notices from you to 4 Rivers must be sent in writing to our email address at [email protected]. Notices shall be deemed received upon confirmation of delivery or, if sent by email, upon sending to the correct email address (unless a delivery failure notice is received).

21. Accessibility

4 Rivers is committed to ensuring that our Website is accessible to individuals with disabilities in compliance with applicable requirements under the Americans with Disabilities Act (ADA) and other applicable accessibility standards. If you experience difficulty accessing any portion of our Website, please contact us at [email protected] so that we may provide you with the assistance you need or direct you to alternative means of accessing our services.

22. Contact Information

If you have any questions, concerns, complaints, or comments about these Terms of Service, our Website, or our services, please do not hesitate to contact us using the following information:

We will make every effort to respond to your inquiries in a timely and professional manner. For urgent matters related to food safety or health concerns, please contact the appropriate local, state, or federal health authorities in addition to reaching out to us directly.