LEGALESE
Our lawyers have told us we must get you to agree to these Terms and Conditions
if you are going to visit our Bahama Breeze Site (hereinafter, the Site). While
sometimes lawyers seem to want to take the fun out of things (and also be wordy
while they are doing it), we do agree with them on this one. So please understand,
if you use the Bahama Breeze Sites, you are agreeing to be bound by the following
legal notices.
Gift Cards Terms and Conditions
eGift Cards Terms of Use
Darden: Terms of Use
Safe Harbor Notice
By using the Bahama Breeze site (the “Site”) you are agreeing to be
bound by the following Terms and Conditions.
Gift
Card Terms and Conditions
This Gift Card is issued by and represents an obligation of GMRI, Inc. (“GMRI”).
Each time you use it, we’ll deduct that amount from the balance until you’ve
used the full balance of the card. You can add to the card balance at any
time. (1) Except where required by law, this gift card is not redeemable for
cash. (2) We can’t replace it if it’s lost or stolen. (3) It may also
be used at any Red Lobster, Olive Garden, Seasons 52 or any other Darden restaurant.
(4) GMRI approval required to advertise this card. (5) Valid in U.S. only.
For Gift Card balance and activity visit
www.bahamabreeze.com or call toll-free 1-877-500-9715
© 2012 Darden Concepts, Inc.
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eGift
Card Terms of Use
This Gift Card is issued by and represents an obligation of Darden SV, Inc. ("Darden").
Each time you use it we'll deduct that amount from the balance until you've used
the full balance of the card. (1) Except where required by law, this card is not
redeemable for cash; (2) We can't replace the value on this card if it is lost or
stolen; (3) Gift Cards may be redeemed at Bahama Breeze or any other Darden restaurant,
but are only valid in participating locations in the United States; and (4) Darden
approval is required to advertise this card. May not be used to purchase alcohol
where prohibited by law. Gift Card does not expire. Gift Card deemed purchased from
and issued in the State of Florida. The risk of loss and title to a Gift Card passes
to the purchaser upon electronic transmission to the recipient. Gift Card balance
may not be transferred to a physical gift card; however, electronic gift card may
be printed or reprinted for redemption.
For Gift Card balance and activity, visit https://gift.bahamabreeze.com/GiftCard/Balance.aspx or call
toll-free 1-877-500-9715.
© 2012 Darden Concepts, Inc.
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Darden: Terms of Use
Effective Date: December 20, 2012
These Terms of Use apply to the Darden websites on which we have posted these Terms
of Use (collectively, the “Sites”). The Sites are operated by Darden Corporation
or our affiliates (collectively, “Darden”). Throughout the Sites, the terms “we,”
“us” and “our” refer to Darden. Darden offers the Sites, including all information,
tools and services available from the Sites, to you, the user, conditioned upon
your acceptance of all the terms, conditions, policies and notices stated here.
Your use of a Site constitutes your agreement to these Terms of Use.
Accuracy, Completeness and Timeliness of Information on the Sites
Darden is not responsible if information made available on the Sites is not accurate,
complete or current. The material on the Sites is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on the Sites is at your own risk. The
Sites may contain certain historical information. Historical information necessarily
is not current and is provided for your reference only. We reserve the right to
modify the contents of the Sites at any time, but we have no obligation to update
any information on the Sites. You agree that it is your responsibility to monitor
changes to the Sites.
Use of Materials on the Sites
All content on the Sites (including, without limitation, text, design, graphics,
logos, icons, images, audio clips, downloads, interfaces, code and software, as
well as the selection and arrangement thereof), is the exclusive property of and
owned by Darden, its licensors or its content providers and is protected by copyright,
trademark and other applicable laws. You may access, copy, download and print the
material contained on the Sites for your personal and non-commercial use, provided
you do not modify or delete any copyright, trademark or other proprietary notice
that appears on the material you access, copy, download or print. Any other use
of content on the Sites, including but not limited to the modification, distribution,
transmission, performance, broadcast, publication, uploading, licensing, reverse
engineering, transfer or sale of, or the creation of derivative works from, any
material, information, software, products or services obtained from the Sites, or
use of the Sites for purposes competitive to Darden, is expressly prohibited without
the prior written consent of Darden. You agree to abide by all additional restrictions
displayed on the Sites as it may be updated from time to time. Darden reserves the
right to refuse or cancel any person’s registration for the Sites, remove any person
from the Sites or prohibit any person from using the Sites for any reason whatsoever.
Darden, or its licensors or content providers, retain full and complete title to
the material provided on the Sites, including all associated intellectual property
rights, and provide this material to you under a license that is revocable at any
time in Darden’s sole discretion. Darden neither warrants nor represents that your
use of materials on the Sites will not infringe rights of third parties not affiliated
with Darden.
You may not use contact information provided on the Sites for unauthorized purposes,
including marketing. You may not use any hardware or software intended to damage
or interfere with the proper working of the Sites or to surreptitiously intercept
any system, data or personal information from the Sites. You agree not to interrupt
or attempt to interrupt the operation of the Sites in any way. Darden reserves the
right, in its sole discretion, to limit or terminate your access to or use of the
Sites at any time without notice. Termination of your access or use will not waive
or affect any other right or relief to which Darden may be entitled at law or in
equity.
Materials You Submit
You acknowledge that you are responsible for any material you may submit via the
Sites (including any components of the Sites administered by third parties, such
as tools that allow you to interact with the Sites through Facebook and other social
media platforms), including the legality, reliability, appropriateness, originality
and copyright of any such material. You may not upload to, distribute or otherwise
publish through the Sites any content that (i) is confidential, proprietary, false,
fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, infringing on intellectual property rights, abusive, illegal or otherwise
objectionable; (ii) may constitute or encourage a criminal offense, violate the
rights of any party or otherwise give rise to liability or violate any law; or (iii)
may contain software viruses, political campaigning, chain letters, mass mailings,
or any form of “spam.” You may not use a false email address or other identifying
information, impersonate any person or entity or otherwise mislead as to the origin
of any content. You may not upload commercial content onto the Sites.
If you do submit material, and unless we indicate otherwise, you grant Darden an
unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute and display such material throughout the world in any media. You
further agree that Darden is free to use any ideas, concepts, know-how that you
or individuals acting on your behalf provide to Darden. You grant Darden the right
to use the name you submit in connection with such material, if they so choose.
You represent and warrant that you own or otherwise control all the rights to the
content you post; that the content is accurate; that use of the content you supply
does not violate any provision herein and will not cause injury to any person or
entity; and that you will indemnify Darden for all claims resulting from content
you supply.
Conduct on the Sites
Some features that may be available on the Sites require registration. By registering
at and in consideration of your use of the Sites you agree to provide true, accurate,
current and complete information about yourself.
Some features on the Sites require use of a password. You are responsible for protecting
your password. You agree that you will be responsible for any and all statements
made, and acts or omissions that occur, through the use of your password. If you
have any reason to believe or become aware of any loss, theft or unauthorized use
of your password, notify Darden immediately. Darden may assume that any communications
Darden receives under your password have been made by you unless Darden receives
notice otherwise.
You or third parties acting on your behalf are not allowed to frame the Sites or
use our proprietary marks as meta tags, without our written consent. These marks
include, but are not limited to, Darden®, Red Lobster®, Olive Garden®, LongHorn
Steakhouse®, The Capital Grille®, Bahama Breeze®, Seasons 52®, Eddie V’s Prime Seafood®,
Wildfish Seafood Grille® and Yard House®. You may not use frames or utilize framing
techniques or technology to enclose any content included on the Sites without Darden’s
express written consent. Further, you may not utilize any Site content in any meta
tags or any other “hidden text” techniques or technologies without Darden’s express
written consent.
Links
The Sites may contain links to other websites, some of which are operated by Darden
and others of which are operated by third parties. These links are provided as a
convenience to you and as an additional avenue of access to the information contained
therein. We have not necessarily reviewed all the information on those other sites
and are not responsible for the content of those or any other sites or any products
or services that may be offered through those or any other sites. Inclusion of links
to other sites should not be viewed as an endorsement of the content of linked sites.
Different terms and conditions may apply to your use of any linked sites. Darden
is not responsible for any losses, damages or other liabilities incurred as a result
of your use of any linked sites.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on the Sites are registered and unregistered
trademarks of Darden, its licensors or content providers, or other third parties.
All of these trademarks, logos and service marks are the property of their respective
owners. Nothing on the Sites shall be construed as granting, by implication, estoppel,
or otherwise, any license or right to use any trademark, logo or service mark displayed
on the Sites without the owner’s prior written permission, except as otherwise described
herein. Darden reserves all rights not expressly granted in and to the Sites and
its content. The Sites and all of its content, including but not limited to text,
design, graphics, interfaces and code, and the selection and arrangement thereof,
is protected as a compilation under the copyright laws of the United States and
other countries.
Infringement Notice
We respect the intellectual property rights of others and request that you do the
same. You are hereby informed that Darden has adopted and reasonably implemented
a policy that provides for the termination in appropriate circumstances of subscribers
and account holders of Darden’s system or network who are repeat copyright infringers.
If you believe your copyright or the copyright of a person on whose behalf you are
authorized to act has been infringed, you may notify our copyright agent:
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Writing to:
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Gustavo Llerena
Chief Compliance & Ethics Officer
Darden Restaurants, Inc.
1000 Darden Center Drive
Orlando, FL 32837
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Phone:
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407-245-5397, ext. 7
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Email:
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ComplianceEthics@darden.com
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To be effective, your notification must (i) be in writing, (ii) be provided to our
copyright agent, and (iii) include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online Site are covered by a single notification,
a representative list of such works at that Site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled, and information reasonably sufficient to permit the service provider
to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner, its
agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Darden is under no obligation to post, forward, transmit, distribute or otherwise
provide any material available on the Sites, including material you provide to us,
and so we have an absolute right to remove any material from the Sites in our sole
discretion at any time.
DISCLAIMERS
YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS
TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME. DARDEN EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES
IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES
WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES
OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION
ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS
FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM DARDEN OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY
KIND. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE
OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY,
ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO
THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE
SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING
YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT
THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE
AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DARDEN
NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITES YOU ACCESS
THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT
OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR
FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE
SITES, DARDEN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS
SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DARDEN OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION,
TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES,
FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS
OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR
USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT NEITHER DARDEN NOR ITS SUPPLIERS SHALL BE LIABLE FOR
ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DARDEN IS TO
DISCONTINUE YOUR USE OF THE SITES. YOU AND DARDEN AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE
CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend and hold harmless Darden and its officers, directors,
employees, contractors, agents, licensors, service providers, subcontractors and
suppliers from and against any and all losses, liabilities, expenses, damages and
costs, including reasonable attorneys’ fees and court costs, arising or resulting
from your use of the Sites and any violation of these Terms of Use. If you cause
a technical disruption of the Sites or the systems transmitting the Sites to you
or others, you agree to be responsible for any and all losses, liabilities, expenses,
damages and costs, including reasonable attorneys’ fees and court costs, arising
or resulting from that disruption. Darden reserves the right, at its own expense,
to assume exclusive defense and control of any matter otherwise subject to indemnification
by you and, in such case, you agree to cooperate with Darden in the defense of such
matter.
Jurisdiction and Applicable Law
The laws of the State of Florida govern these Terms of Use and your use of the Sites,
and you irrevocably consent to the jurisdiction of the courts located in the County
of Orange for any action arising out of or relating to these Terms of Use. We recognize
that it is possible for you to obtain access to the Sites from any jurisdiction
in the world, but we have no practical ability to prevent such access. The Sites
have been designed to comply with the laws of the State of Florida and of the United
States. If any material on the Sites, or your use of the Sites, is contrary to the
laws of the place where you are when you access it, the Sites are not intended for
you, and we ask you not to use the Sites. You are responsible for informing yourself
of the laws of your jurisdiction and complying with them.
Changes to These Terms of Use
Darden reserves the right in its sole discretion to change, modify, add or remove
any portion of these Terms of Use, in whole or in part, at any time, by posting
revised terms on the relevant Sites. It is your responsibility to check periodically
for any changes we make to the Terms of Use. Revised terms will take effect five
days after their publication on the relevant Sites and will apply only on a going-forward
basis. Your continued use of the Sites after that point signifies that you accept
the changes.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on the Sites constitute
the entire agreement and understanding between you and Darden with respect to the
subject matter thereof and supersede all prior or contemporaneous communications
and proposals, whether oral or written, between the parties with respect to such
subject matter. A printed version of these Terms of Use shall be admissible in judicial
or administrative proceedings based on or relating to use of the Sites to the same
extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Severability
If any provision of this agreement is unlawful, void or unenforceable, the remaining
provisions of the agreement will remain in place.
How to Contact Us
If you have any questions or comments about these Terms of Use or the Sites, please
contact us by:
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Calling us at:
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407-245-5397, ext. 7
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Emailing us at:
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ComplianceEthics@darden.com
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Writing to:
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Darden Restaurants, Inc.
Compliance and Ethics Office
1000 Darden Center Drive
Orlando, FL 32837
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Thank you for visiting our Sites.
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Safe Harbor Notice
Forward-looking statements in this website, if any, are made under the Safe Harbor
provisions of the Private Securities Litigation Reform Act of 1995. Certain important
factors could cause results to differ materially from those anticipated by the forward-looking
statements, including the impact of changing economic or business conditions, the
impact of competition, the availability of favorable credit and trade terms, the
impact of changes in the cost or availability of food and real estate, government
regulation, construction costs, weather conditions and other factors discussed from
time to time in reports filed by the Company with the Securities and Exchange Commission.
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© 2012 Darden Concepts, Inc.
Last Updated: December 20, 2012