Terms Of Use

Last Updated: August 13, 2015

Welcome to Eastman Egg! The Eastman Egg Company, LLC (“Eastman Egg,” “we,” “our” or “us”) is so excited to make your mornings smoother and simpler using our mobile application(s) (the “App”), our website at www.eastmanegg.com (the “Site”), as well as all related websites, and other services provided by us and on which a link to these Terms of Use is displayed (the App, the Site and such other websites and services, collectively, our “Service”). The Terms of Use (the “Terms”) are a legally binding contract between you and us regarding your access to and use of the Service. The Terms may be updated from time to time and govern your access and use of the Service, so please check these Terms periodically for changes.

PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE APP OR OTHER PARTS OF THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ANY PART OF THE SERVICE.

The App

What does the App do?

We hate waiting in line - especially in the morning – which is why we made it so you don’t have to! Our App lets you enter your order directly into our kitchen’s cue without stopping at the register so you can skip the line. You can submit an order anytime you like and your phone will send it to our kitchen when you’re within range of our store. That way your food is always made fresh for you, even if you’re running late – or early!

How Does the App Work?

We love our App because it makes a complicated process look simple. For you, it’s easy – but once you submit your order, on the back end there are a lot of really cool things happening to make sure your food is made at just the right time and your information is protected.

Take your time browsing our App and place your order when you’re ready. You can then go about your day, doing whatever you do and not worrying about how long it takes to get to our store. Once you submit your order in our app, your credit card information is transformed into an encoded token by our payment processor, Stripe. When you hit submit, your phone starts searching for a beacon we have in our store. As soon as you’re close enough to the store that your phone finds the beacon’s signal, our App sends your order to our kitchen, and at the same time sends your payment token to Stripe for processing. Once this is completed, the App stops using location services and your sandwich or coffee will be ready soon!

Due to the nature of the Service, orders are considered final as soon as they are received by our kitchen.

Our food is the same quality regardless of whether it was ordered in-store or via the App – the kitchen won’t even know the difference. There are some modifications offered in the store that have not yet been built into the App. If you miss your favorite mod, please let us know and we’ll take that into consideration when discussing future versions of the App.

The App will only send your order to our kitchen if you pass the beacon during store hours (Weekdays 6am – 4pm and Saturdays 9am – 1pm). If you walk by the store when it’s closed, your order will remain stored in your phone.

License to the App

Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms (including without limitation payment of any applicable fees and compliance with all license restrictions), Eastman Egg grants you (i) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use one copy of the App downloaded directly from the Site or from a legitimate marketplace (such as the Apple App Store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible mobile device that you own or control; and (ii) permission to access and use the Service, only for your personal use, and solely through the use of a licensed copy of the App. You may not reproduce, distribute, publicly display, or publicly perform the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the Service for any purpose other than a purpose for which the Service is expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Eastman Egg (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.

Special Terms Regarding Apple

If you downloaded the App from the Apple App Store or if you are using the App on an iOS-based device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. Your use of the software must at all times be in accordance with the Usage Rules set forth in the Apple App Store. These Terms are between you and Eastman Egg only, not with Apple, and Apple is not responsible for the Service and the content thereof. These Terms are not intended to provide for usage rules for software that are less restrictive than the Usage Rules set forth for “Licensed Applications” in, or that otherwise conflict with, the Apple App Store Terms of Service. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with any applicable third party terms when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.

Other Terms Related To Our Service

Your Account

To access most features of the Service, you must register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, email address or other contact information, as well as your credit card number, phone number and delivery address). The App does not store your credit card information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. You may be surprised that we don’t ask you to create a password – this is intentional and does not put you at any risk. We do not store any of your payment information in our App – any information that you enter is stored directly on your phone, not the App. You are not charged for payment processing through the Service, only for products purchased through the Service. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at redshirt@eastmanegg.com.

Payment

When a product is offered for sale through the Service, Eastman Egg may accept your purchase offer subject to these Terms. At that time, Eastman Egg will capture payment on the payment instrument you provided and produce your order. Eastman Egg may obtain an additional authorization from your payment instrument to confirm necessary funds are available to purchase the products requested.

Eastman Egg reserves the right to cancel or refuse any order for any reason at any time prior to the order being produced, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.

Purchases of products via the Services are intended for end users only, and are not authorized for resale. You shall be responsible for all taxes associated products and services sold through the Services, other than U.S. taxes based on Eastman Egg ’s net income.

Availability and Pricing Information

All products and services offered via the Services are subject to availability. Eastman Egg strives to provide accurate pricing information regarding the products and services available on the Site. Eastman Egg cannot, however, insure against pricing errors. Eastman Egg reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error. If this occurs, Eastman Egg will notify you. In addition, Eastman Egg reserves the right, at its sole discretion, to correct any error in the stated price.

Intellectual Property Rights Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Eastman Egg, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Eastman Egg, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Eastman Egg.

The Eastman Egg name and logos are trademarks and service marks of Eastman Egg (collectively the “Eastman Egg Trademarks”). Other Eastman Egg products, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Eastman Egg. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Eastman Egg Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Eastman Egg Trademarks will inure to our exclusive benefit.

Third Party Accounts

In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. and Google Inc. (each, a “Service Provider”) to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including in connection with the Service, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. We are not responsible for any act or omission of any Service Provider.

Access to the Service; Third Party Fees

Eastman Egg does not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.

Prohibited Conduct

By using the Service, you agree not to:

• use the Service for any illegal purpose, or in violation of any local, state, national, or international law;

• violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

• interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that such activity is expressly permitted by applicable law;

• interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, (ii) making unsolicited offers or advertisements to other users of the Service, (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

• perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth;

• sell or otherwise transfer the access granted by these Terms or any Materials (as defined below) or any right or ability to view, access, or use any Materials; or

• attempt to do any of the prohibited acts described in these Terms, or assist or permit any persons in engaging in any of the acts described in these Terms.

Third-Party Services and Linked Websites

We may provide tools through the Service that enable you to export information, to third party services, including through features that allow you to link your account on Eastman Egg with an account on the third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

Ownership; Proprietary Rights

The Service is owned and operated by Eastman Egg. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, App(s), services, and all other elements of the Service (the “Materials”) provided by Eastman Egg are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of Eastman Egg or our third-party licensors. Except as expressly authorized by Eastman Egg, you may not make use of the Materials. Eastman Egg reserves all rights to the Materials not granted expressly in these Terms.

Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Eastman Egg and its affiliates and their respective officers, directors, employees, consultants, Service Providers and agents (collectively, the “Eastman Egg Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced in these Terms, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

Disclaimers; No Warranties

The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Eastman Egg or by third-party providers, or because of other causes beyond our reasonable control.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE EASTMAN EGG ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (ii) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE EASTMAN EGG ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE EASTMAN EGG ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE, AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND AS BETWEEN YOU AND EASTMAN EGG, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL EASTMAN EGG BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES FOR PRODUCTS AND SERVICES PURCHASED THROUGH THE SERVICE ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, EASTMAN EGG’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Modification of these Terms

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept such modified terms in order to continue to use the Service. Material modifications are effective upon your acceptance of such modified Terms. Immaterial modifications are effective upon publication. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms in effect at the time the dispute arose.

Governing Law

These Terms are governed by the laws of the State of Illinois without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Eastman Egg agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Cook County, Chicago for the purpose of litigating all such disputes. We operate the Service from our offices in Chicago, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Entire Agreement; Assignment; Headings; Enforceability; Survival.

These Terms, together with the Eastman Egg Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive understanding and agreement between you and Eastman Egg regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms are for convenience only and will not have any impact on the interpretation of particular provisions. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

Your Privacy

At Eastman Egg, we respect the privacy of our users. For details please see our Privacy Policy at www.eastmanegg.com/policies. By using the Service, you consent to our collection and use of personal data as outlined therein.

Contacting Eastman Egg

If you have any comments or complaints about the Service, please don’t hesitate to reach out! We want to make the Service as helpful to you as possible so we love to hear your feedback on how we can grow and adapt its capabilities to better fit your life.

If you provide feedback to Eastman Egg regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Eastman Egg to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to Eastman Egg a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, worldwide, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.

Email Us: app@eastmanegg.com

Call us: (312)600-4841

Visit us: 23 N Wacker Dr, Chicago, IL 60606

If you have questions about the App while in the store, ask a team member!