Last Modified: June 25, 2018
A. Acceptance of the Terms of Use: These terms of use are entered into by and between you and Soaring Wings, LLC, a Florida limited liability company, d/b/a WingHouse Bar + Grill (“WingHouse” or “we” or “us” or “our”). The following terms and conditions, together with any other policies they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.winghouse.com, www.winghousestore.com, other websites operated by WingHouse, websites of our affiliates and subsidiaries, and including any content, functionality and services offered on or through www.winghouse.com (the “Websites”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Websites. By using the Websites you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Websites.
The Websites are offered and available to users who are thirteen (13) years of age or older and reside in the United States or any of its territories or possessions. If you are between the ages of thirteen (13) and seventeen (17), please ensure that you use the Websites with the permission of a parent or guardian. You must be eighteen (18) years of age or older to use some portions of the Website. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the WingHouse and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
B. Changes to the Terms of Use: WingHouse reserves the right, in its sole discretion, to modify its Terms of Use at any time and from time to time. Following any change to the Terms of Use, WingHouse will post a notice that the Terms of Use have been updated at www.winghouse.com for at least thirty (30) days following such change. Updated Terms of Use will be posted with a “Last Updated” effective date of the changes identified at the top of the page. Any such changes are effective immediately upon posting on www.winghouse.com or by sending you an email advising you of the new or different Terms of Use. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. Your continued use of the Website after any notice will constitute acceptance of and agreement with those changes and the updated Terms of Use. If you do not agree with our updated Terms of Use, do not use the Website. You are responsible for periodically checking the Website to review the updated Terms of Use by which you are bound.
Information About You, Your Visits to the Website, and Your Privacy: We respect your personal privacy. All information gathered on this Website is subject to the most current WingHouse Bar + Grill Privacy Policy (“Privacy Policy”), which may be updated in the sole discretion of WingHouse from time to time. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Please see our Privacy Policy, which is incorporated by reference into these Terms of Use.
C. Changes to the Website: We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date at any given time. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
D. Website Availability: We reserve the right at any time to withdraw or amend the Websites, and any service or material we provide on the Websites, at any time and without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
E. Account Security: To access some of the features of the Websites, you may be asked to provide certain registration details or other information. It is a condition of your use of the Websites that all the information you provide on the Websites is correct, current, and complete. You agree that all information you provide to WingHouse in connection with the Websites, or otherwise, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you create or register for an account with WingHouse, you must treat your user name, password or other security information (“account information”) as confidential, you must not disclose your account information to any other person or entity, and you must not provide any other person with access to the Website, or portions of it, using your account information. You agree to notify us immediately of any unauthorized access to or use of your account information or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your account information.
F. Account Termination: WingHouse may void a user’s account at any time, for any reason, without notice, including if, in our opinion, you have violated any provision of these Terms of Use.
G. Intellectual Property Rights’; Trademarks and Copyrights: The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by WingHouse, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The WingHouse name and all WingHouse and Soaring Wings, LLC related names, logos, product and service names, designs, and slogans are trademarks of WingHouse or its affiliates or licensors. You must not use any marks or Website content without the prior written permission of WingHouse. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks of their respective owners. Unless otherwise indicated, the Websites and all content therein are the proprietary property of WingHouse or its licensors and are protected by copyright laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Websites, except for your personal, non-commercial use only, as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one (1) copy of a reasonable number of pages of the Websites for your own personal, non-commercial use, and not for further reproduction, publication, or distribution.
- You may take such actions as are permitted through our social media site features.
You must not modify copies of any materials from the Websites, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Websites. You must not access or use any part of the Websites or any services or materials available through the Websites for any commercial purposes.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites in breach of the Terms of Use, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites or any content on the Websites is transferred to you, and all rights not expressly granted are reserved by WingHouse. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
H. Copyright Infringement: If you believe that any material available on the Websites infringes a copyright you own or control, you should notify WingHouse of your copyright infringement claim in accordance with 17 U.S.C. § 512(c)(3), which provides the requirements of a proper notification. WingHouse will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Please send all notices of copyright infringement claims to our Designated Agent as set forth below:
Marketing, 7491 Ulmerton Road, Suite B, Largo, Fl 33771, 727-535-2939
I. Prohibited Uses: You may use the Websites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Websites:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate WingHouse, a WingHouse employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Websites, or which, as determined by us, may harm WingHouse or users of the Websites or expose them to liability.
Additionally, you agree not to:
- Use the Websites in any manner that could disable, overburden, damage, or impair the Websites or interfere with any other party’s use of the Websites, including their ability to engage in real time activities through the Websites.
- Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites.
- Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Websites.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Websites, the server(s) on which the Websites are stored, or any server, computer or database connected to the Websites.
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Websites.
J. Reliance on Information Posted: The information presented on or through the Websites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Websites, or by anyone who may be informed of any of its contents.
The Websites may include content provided by third parties. All such third party content, other than the content provided by WingHouse, is solely the content and responsibility of the person or entity providing such content. Such third party content does not necessarily reflect the opinion of WingHouse. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.
K. Online Purchases and Other Terms and Conditions: All purchases through our site or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you to our Websites are governed by our Shipping and Returns Policy, which is hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Websites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
L. Linking to the Website: You may link to our homepage (www.winghouse.com), provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. We reserve the right to withdraw linking permission without notice. We may, in our discretion, disable any links at any time without notice.
M. Links to Other Websites: Our Websites may contain links to other websites, including certain services offered through our Websites (such as social media sites, purchases, third party assisted ordering processes, delivery, etc.). Any information that you provide that interacts with these third party websites is governed by the applicable third party’s privacy policy, terms of use, and other policies. WingHouse has no control and assumes no responsibility for third party services or websites including, but not limited to, the content, privacy practices, policies, terms and conditions, or security of these third party websites. We recommend that you review the privacy policy, terms of use, and other policies of such third party websites. If you leave our Websites, you do so at your own risk and you are subject to the privacy policy, terms of use, and other policies of that third party website.
N. Online Ordering and Delivery: For certain participating locations, WingHouse contracts with third-party service providers to provide online ordering, payment, and delivery features on its Websites through links to third party websites. By accessing and using the online ordering or delivery features on the Websites, you are agreeing to the terms of use and privacy policy of the third-party service provider you use, as well as our policy regarding third party websites as explained in the “Links to Other Websites” section above.
O. User Contributions on Social Media Sites: WingHouse uses a variety of social media site features to communicate and interact with customers, and the Websites may contain links to certain social media sites that take visitors to the WingHouse account for each social media site. When interacting with WingHouse on these social media sites, you may post, submit, publish, display, or transmit content or materials (“User Contributions”) on the social media site. WingHouse is not responsible or liable for the content or accuracy of any User Contribution posted by you or any other user on the social media site. Each social media site is governed by its own privacy policy, terms of use, and other policies. By accessing and using the social media site features on the Websites, you are agreeing to the privacy policy, terms of use, and other policies of that social media site, as well as our policy regarding third party websites as explained in the “Links to Other Websites” section above.
P. Geographic Restrictions: The owner of the Websites is based in the State of Florida in the United States. We provide the Websites for use only by persons located in the United States. We make no claims that the Websites or any of the content therein is accessible or appropriate outside of the United States. Laws in the United States related to the use or access of the Websites may differ from the laws of your home country. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. WingHouse does not envisage or intend to offer goods or services as part of its Websites to visitors or users who are citizens, or who are located in, any countries which are part of the European Union. However, by providing information to us through the Websites, you acknowledge and agree that you authorize us to transfer, store, and process your information in the United States and in accordance with this Privacy Policy and our Terms of Use and the terms and conditions of any program offered on our Websites, as such may be modified from time to time in WingHouse sole discretion. Additionally, you are agreeing to the receipt of email and/or advertising in accordance with this Privacy Policy and the Terms of Use.
Q. Disclaimer of Warranties: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, accuracy of data input and output, and for maintaining a means external to our Websites for reconstruction of lost or corrupted data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WINGHOUSE NOR ANYONE ASSOCIATED WITH WINGHOUSE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITES. WITHOUT LIMITING THE FOREGOING, NEITHER WINGHOUSE NOR ANYONE ASSOCIATED WITH WINGHOUSE REPRESENTS OR WARRANTS THAT THE WEBSITES, THE CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER(S) THAT MAKES THME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTEND PROVIDED BY LAW, WINGHOUSE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
R. Limitation of Liability: IN NO EVENT WILL WINGHOUSE AND ITS RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, FRANCHISEES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “LOSSES AND DAMAGES”), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO: (I) THESE TERMS; (II) THE WEBSITES; (III) YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO THEM; (IV) ANY UNAUTHORIZED USE OF AN ACCOUNT OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY CONTENT ON THE WEBSITES OR SUCH THIRD PARTY WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR SUCH THIRD PARTY WEBSITES. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability, or any other basis, even if we, or our affiliates, or our or their representatives, have been advised of or should have known of the possibility of such Losses and Damages, and without regard to the success or effectiveness of other remedies.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
S. Indemnification: You agree to defend, indemnify and hold harmless WingHouse, its affiliates, licensors and service providers, and its and their respective 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 Use or your use of the Websites, including, but not limited to any use of the Websites’ content, services, products, other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Websites.
T. Governing Law and Jurisdiction: All matters relating to the Websites and the Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of laws provision or rule (whether of the State of Florida or any other jurisdiction) and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any legal suit, action, or proceeding arising out of, or related to, the Websites and these Terms of Use shall be instituted only in accordance with the provisions relating the Arbitration of such claims found below.
U. Arbitration: YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES, OR CONTROVERSIES BETWEEN YOU AND WINGHOUSE, (AND ANY OTHER RELEASED PARTY), AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES, AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE WEBSITES, YOUR USE OF THE WEBSITES, OR THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. BECAUSE THE WEBSITES INVOLVES INTERSTATE COMMERCE, THE UNITED STATES FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. THE ARBITRATION SHALL TAKE PLACE IN TAMPA, FLORIDA. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU AND WINGHOUSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. NEITHER YOU NOR WINGHOUSE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER MEMBERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
V. Waiver and Severability: No waiver by WingHouse, or any of its affiliates or subsidiaries, of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of WingHouse, or any of its affiliates or subsidiaries, to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any term or provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other term of provision of these Terms of Use or invalidate or render unenforceable such term of provision in any other jurisdiction.
W. Entire Agreement: The Terms of Use and all incorporated policies constitute the sole and entire agreement between you and WingHouse with respect to the Websites and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Websites.
X. Website Accessibility Policy: WingHouse is committed to improve the usability and accessibility of its Websites for all users, including those with disabilities. WingHouse’s efforts to improve digital usability and accessibility are guided by the relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 and other existing recommendations. If you experience difficulty accessing or using information on our Websites, please contact us using the information provided in the “Contact Information” section below and we will make all reasonable efforts to make our Websites more accessible for you. Please provide your contact information, the web address or other location where you experienced difficulty, and a brief description of the problem you encountered.
Y. Other Terms and Conditions: All contests, surveys, promotions, or programs offered by WingHouse are subject to these Terms of Use, including but not limited to the WingHouse Bar + Grill Loyalty Rewards Program.
Z. Conflicting Provisions: In the event of a conflict between these Terms of Use and any other terms and conditions set forth in any contests, surveys, promotions, or programs offered by WingHouse, or in any other WingHouse policies or terms and conditions, these Terms of Use shall control.
AA. Contact Information: All feedback, questions, comments, requests for technical support, notices of copyright infringement claims, and other communications relating to the Websites should be directed to:
WingHouse Support Center
7491 Ulmerton Road, Suite B
Largo, FL 33771
Info@WingHouse.com
Phone Number: 727-535-2939
