TERMS AND CONDITIONS
By using or downloading information from this web site, you represent that you have read and understand these Terms and Conditions and agree to be bound by them. If you do not agree, do not use or download materials from this web site.
This web site is owned by Scotty P’s Franchise LLC, a Texas limited partnership should be Scotty P’s Franchise LLC, A Texas Limited Liability Corporation (on this website sometimes referred to as Scotty P’s”).
COPYRIGHT AND RESTRICTIONS ON USE
The materials on this web site as well as its layout, organization and design are copyrighted and are protected by worldwide copyright laws and treaty provisions. Material from this web site (“Materials”) may not be copied, distributed, republished, uploaded, posted, or transmitted in any way, without the prior written consent of Scotty P’s or Scotty P’s Franchise LLC or Pontikes Ventures Inc. (except you may download one copy of Materials for your personal, non-commercial internal use). Modification or use of Materials for any other purpose violates copyright, trademark, and other laws. Except as otherwise described, all Materials on this web site are made available only to provide information. Neither title nor intellectual property rights are transferred to you by your use or download of Materials from this web site and shall remain with Scotty P’s corporations who owns full and complete title to all Materials on this web site.
All remarks, suggestions, ideas, graphics, data, questions or other information communicated through this web site or through electronic mail (together, a “Submission”) shall be owned by Scotty P’s. Scotty P’s will not treat any Submission as confidential or proprietary, will not be liable for the use of any ideas for its business (including without limitation, product or advertising ideas) and neither it nor Scotty P’s or any of their affiliates will incur any liability as a result of any similarities that may appear in future Scotty P’s operations. Without limitation, Scotty P’s will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Scotty P’s and its licensee Scotty P’s will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person. You acknowledge that you are responsible for whatever material you submit, and you, not Scotty P’s or Scotty P’s or their affiliates, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE INFORMATION, TEXT, GRAPHICS AND LINKS AND OTHER ITEMS CONTAINED IN THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, UNINTERRUPTED SERVICE, DEFECTS OR HARMFUL COMPONENTS. NEITHER SCOTTY P’S, NOR THEIR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. INFORMATION WITHIN THIS WEB SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SCOTTY P’S RESERVES THE RIGHT TO MAKE CHANGES, CORRECTIONS AND/OR IMPROVEMENTS TO THE INFORMATION CONTAINED WITHIN THIS WEB SITE, AT ANY TIME, WITHOUT NOTICE.
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL SCOTTY P’S OR THEIR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, FOR ANY LOST REVENUES OR PROFITS, OR ANY DAMAGES WHATSOEVER THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM OR REFERRED TO ON THIS WEB SITE, EVEN IF SCOTTY P’S OR THEIR AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
For your convenience, this web site may contain links to other web sites that may be of interest to you. Scotty P’s is not responsible for the content of any linked web sites or any link contained in a linked web site. Scotty P’s reserves the right to terminate any link or linking program at any time. The inclusion of any link to such web sites does not constitute or imply an endorsement, authorization, sponsorship or affiliation by either Scotty Ps of the linked web sites, or any products or services provided by such web sites. If you decide to access any of the web sites linked to this web site, you do so entirely at your own risk.
When you send us email from this web site, you will provide us with certain personally identifiable information including your email address. At any time, if you wish to no longer receive correspondence via email, please contact us via the address listed on our site under the “Contact” link.
COPYRIGHT AND TRADEMARK NOTICES
Nothing contained herein shall be construed as conferring, by estoppel, implication or otherwise, any license or right in respect of any trademark or other intellectual property right of Scotty P’s or any other party. The Scotty P’s name and logos displayed throughout this web site and all related products and service names are the tradenames, trademarks, service marks or registered trademarks of Scotty P’s and Pontikes Ventures Inc. and duly licensed by Scotty P’s and Pontikes Ventures Inc. Any reproduction of any of these marks without the express written consent of Scotty P’s and Pontikes Ventures Inc. is strictly prohibited. All other trademarks are the property of their respective trademark owners.
None of the communications made through this web site should be construed as an offer to sell any Scotty P’s franchises in, nor is any such communication directed to, residents of any jurisdiction requiring registration of the franchise before it is offered and sold in that jurisdiction. No Scotty P’s franchises will be sold to any resident of any such jurisdiction until the offering has been exempted from the requirements of, or duly registered in and declared effective by, such jurisdiction and the required Franchise Disclosure Document (in the case of residents of the U.S.A.) or other Disclosure Statement (if any) has been delivered to the prospective franchisee before the sale in compliance with applicable law. If you should have any questions concerning the registration status of Scotty P’s franchises in your jurisdiction, please contact firstname.lastname@example.org.
The materials on this website are for general information only and are not intended as an offer to sell or the solicitation of an offer to buy a Scotty P’s franchise. Certain states and countries regulate the offer and sale of franchises. If you are a resident of one of these states or countries, we will not offer you a franchise unless and until we have complied with all applicable registration and disclosure requirements.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Scope of Our Policy
Scotty P’s is very sensitive to the privacy concerns of our guests. We believe that privacy of personal information is a serious matter, and we strive to manage any information we college from you or you may share with us in a careful and sensible manner. This policy describes:
- How and why we collect your personal information.
- How your information is used and shared
- How you can control the use of your information.
By visiting any of our Websites, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing. As a result, we may and do update this policy from time to time, so you are urged to periodically read our policy to take note of any changes.
Information We Collect
The information we collect helps us provide you with the opportunity for a great guest experience at one of our restaurants or on our Websites. Generally, no personal information is automatically collected from visitors to our Websites who do not elect to provide the information, through one of the activities listed in the next paragraph. However, certain non-personal information, including IP addresses, is recorded by the standard operation of Scotty P’s servers. We may also automatically collect information about your use of our services, including the type of operating system in use (e.g., MacIntosh, Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari and Chrome), access times, pages viewed, and the page you visited before navigating to our services.
We also may collect personal information you provide directly to us that can be used to uniquely identify or contact you. The types of information we may collect include name, postal address, email address, zip code, phone number, credit card number, birthday (month and day only), legal age, and dining preferences. We collect information when you engage in any one of the following voluntary activities: online email Scotty VIP’s submissions, in-restaurant tabletop media devices where available, in-restaurant surveys, research surveys, TO-GO orders, curbside orders, online gift card purchases, guest relations communications, online location services or other voluntary activities.
Use and Sharing of Information
Our primary goal in collecting any of this information is to provide an enhanced online and in-restaurant experience for our guests by understanding preferences, communicating promotions and upcoming events, and providing the best possible guest experience at our restaurants. Other uses of this information include internal review of the number of visitors to our Websites but only in an aggregate and non-personally identifiable form.
A cookie is a piece of data that is stored on a visitor’s hard drive while they are visiting this web site. Usage of a cookie is in no way linked to any personally identifiable information. At Scotty P’s, a short-lived cookie, often referred to as a session cookie, is used to identify one unique visitor from another during the time that visitor is actively linked to our server. This enables the visitor to input their information once and have the information appear later during the enrollment process. For instance, by using a session cookie on our Websites, you would not have to enter a password more than once, thereby saving time while on our Websites. No personally identifiable information is stored on the cookie. The cookie expires and is deleted from the visitor’s computer as soon as they close their browser.
Third Party Ads
Generally, we will not share email addresses or personal demographic information with any of our partners.
We do use outside third parties to provide services to Scotty P’s, such as marketing, shipping, and credit card processing companies for goods and services. These companies do not retain, share, store, or use personally identifiable information for any purposes except to provide services to Scotty P’s. We also partner with some other companies to provide specific services, such as newsletter or email fulfillment and personalization. When you register for these services, we will share names, or other contact information that is necessary for the third party to provide these services on our behalf. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
To the extent that any of the sites accessible through Scotty P’s Websites have different practices, these practices will be explained at that site.
From time to time our Websites request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include personal information such as contact information (such as name and email address) and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Websites.
Control of Information
If your personally identifiable information changes (such as your zip code), or if you no longer desire our service, we will endeavor to provide a way to correct, update or remove your personal data provided to us. This can usually be done by contacting us using the contact information below.
If you receive a marketing email from us, we do provide in each email the option to unsubscribe from future emails. At any time, if you wish to no longer receive correspondence via email, please contact us via the address listed on our Site under the “Contact” link.
The content of our site is not directed to children under the age of 13 and Scotty P’s does not knowingly collect personal information from any child under the age of 13 at our Site without parental consent. Please contact us via the contact address below if you believe we may have collected information from your child without permission from you and we will work to delete it.
Protect your gift card like cash. Lost or stolen gift cards will not be replaced. No service fees are charged on gift cards.
Toast Inc., (“Toast”), provides the gift card and loyalty card programs for Scotty P’s restaurants. We process the transactions for those programs and collect information about the holder of the gift or loyalty card who is the consumer of these services.
Who we collect information about?
We collect nonpublic personal information as an agent for our clients (typically restaurant chains or other retail establishments) as their gift and loyalty card provider. We collect information on the clients’ customers who obtain or use gift and loyalty cards that we manage for our clients. We do not collect personally identifying information about people we know to be under 13 years of age.
Categories of information we collect.
- We collect nonpublic personal information about you from the following sources.
- Information we receive from you when you register your card, on other forms, or when you contact us to service your account.
- Information about your transactions and accounts with us, our affiliates, our agents or others.
- Information about your usage of our web site, scottyps.com.
Categories of information we disclose.
We do not disclose any nonpublic personal information about our customers, our former customers, customers of our clients, or former customers of our clients to anyone, except as permitted by law.
Process to opt out of communication
We occasionally send marketing communication to customers of our clients on behalf of those clients. If you prefer that we not communicate with you, you may opt out of those communications, that is, you may direct us not to make those communications (other than communications permitted by law). You may opt out of communications by logging in to our web site at the following link and changing your communication preferences: www.bostons.com/mybostons/editaccount.
We also send email messages to notify you of certain actions on your account, such as recharge from a credit card, or in response to actions you take on our web site. We will continue to send those messages even if you opt out of marketing communications.
How we safeguard your information
We restrict access to nonpublic personal information about you to employees of TOAST and its agents or suppliers who need to know that information to provide products or services to you or to our client who owns your account. We maintain physical, electronic and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.
ADDITIONAL TERMS FOR CORPORATE CUSTOMERS
- All sales of gift cards are final and cannot be returned.
- No service fees are charged on gift cards.
- Gift cards may not be resold for less than face value.
By ordering gift cards through this Site, each reseller hereby agrees and acknowledges to fully defend, indemnify and hold harmless Scotty P’s and its related subsidiaries and affiliates from any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card sold by reseller in any jurisdiction.
If you need to contact us for any reason regarding these Terms and Privacy, you may do so by emailing us at email@example.com or by mailing us at the following address:
PO Box 866636
Plano, TX 75086
Last Updated: 03/26/2021