Restaurant

The following Terms of Use (the “Terms of Use”), govern your use of this website (this “Site”) operated by Maxwells Restaurants and the material and information accessible on or from this Site. Please read the Terms of Use carefully before accessing any part of this Site. Your access of this Site constitutes your agreement with and acknowledgment of the Terms and Services. If you do not agree with the Terms and Services, you may not access this Site.

Maxwells reserves the right to modify the Terms and Services without advance notice to you; however, you can review the current version of the Terms and Services by clicking on the “Terms and Services” link at the bottom of every page of this Site. You acknowledge and agree to be bound by such modifications. In the event we make a material change to the Terms and Services, we will post a notice of the material change at the top of the Terms and Services.

No Representations or Warranties

Maxwells does not warrant or make any representations of any kind with respect to the material and information contained on this Site. Your use of this Site is at your own risk. Although Maxwells attempts to provide accurate material and information, this Site is intended to be for general reference and informational purposes only. Although Maxwells strives to keep this Site up-to-date, it may contain inaccurate, incomplete, or out-of-date material or information. Maxwells assumes no responsibility for errors or omissions in the content of this Site, and makes no commitment to update such material or information. Your sole and exclusive remedy for issues relating to the use of, or the material or information on, this Site shall be to discontinue accessing this Site or using the material or information contained herein. You acknowledge and agree that Maxwells shall not be liable for any damages related to, arising out of, or in connection with this Site or such material or information contained herein.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND RELEASE MAXWELLS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, OR CLAIMS FOR INTEREST), EVEN IF MAXWELLS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY), YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL OR INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

Maxwells does not guarantee the functions contained in the Site will be uninterrupted or error-free, that this Site or its server will be free of viruses other harmful components, or defects will be corrected even if Maxwells is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.

Required Conduct

Maxwells requires that you agree to follow the following basic rules of conduct when using this Site:

  • Your use of the materials included on this Site is for informational and employment application purposes only;
  • You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way;
  • You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s);
  • You will follow the Terms and Services and all applicable local, state, national, or international law;
  • You will only provide truthful and accurate information;
  • You will not harass, threaten, or abuse other people when using this Site in any manner;
  • You will not harm minors in any way;
  • You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and
  • You will not e-mail, transmit, or otherwise transfer any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, torturous, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.

You acknowledge that Maxwells and its designees shall have the right (but not the obligation) to pre-screen any material or information e-mailed, transmitted, or otherwise transferred via this Site. Maxwells and its designees shall have the right to refrain from e-mailing, transmitting, or otherwise transferring any material or information that violates the Terms of Use or is otherwise objectionable.

Indemnity

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, SAVE HARMLESS AND DEFEND MAXWELLS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES) THAT MAXWELLS MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF THIS SITE OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF THE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY.

Privacy Policy

Any information that Maxwells may collect from you during your use of this Site is subject to our Privacy Policy.

Forward-Looking Statements

Certain statements in the preceding paragraphs and all other statements that are not purely historical constitute “forward-looking statements” for purposes of the Securities Act of 1933 and the Securities and Exchange Act of 1934, as amended, and are intended to be covered by the safe harbors created thereby. These forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause actual results to be materially different from those projected or anticipated. Factors that might cause such differences include, but are not limited to: (i) our ability to manage an increasing number of new restaurant openings, (ii) construction delays, (iii) labor shortages, (iv) minimum wage increases (v) food quality and health concerns, (vi) factors that impact North Dakota, where our current restaurant is located, (vii) restaurant and bar industry competition, (viii) impact of certain brewery business considerations, including without limitation, dependence upon suppliers and related hazards, (ix) consumer trends, (x) potential uninsured losses and liabilities, (xi) fluctuating commodity costs including food and energy, (xii) trademark and servicemark risks, (xiii) government regulations, (xiv) licensing costs (xv) beer and liquor regulations, (xvi) loss of key personnel, (xvii) inability to secure acceptable sites, (xviii) limitations on insurance coverage, (xix) legal proceedings, (xx) other general economic and regulatory conditions and requirements, (xxi) and numerous other matters discussed in the company’s filings with the Securities and Exchange Commission. Maxwells Restaurants undertakes no obligation to update or alter its forward-looking statements whether as a result of new information, future events or otherwise.

No Medical, Tax, Investment or Legal Advice

The material and information on this Site is for general reference and informational purposes only and is not intended to offer specific medical, tax, investment, legal, or other advice of any kind. PRIOR TO MAKING AN INVESTMENT DECISION RELATED TO MAXWELLS RESTAURANTS, PLEASE CONSULT AVAILABLE SOURCES, INCLUDING MAXWELLS FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.

No Resale of This Site

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of this Site, use of this Site, or access to this Site.

Product Sales and Availability

All prices displayed on this Site are in U.S. Dollars and are valid and effective only within the United States. Maxwells reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.

Links to Other Sites

Maxwells may provide links from or to other websites maintained by third parties. Maxwells has not reviewed or endorsed these linked websites, and you hereby acknowledge and agree that Maxwells shall not be responsible for the content, products, or services offered on such websites. To the extent applicable, you are responsible for compliance with all local laws regarding material obtained from this Site or any linked websites.

Intellectual Property

The information on this Site, including, without limitation, all design, text, images, photographs, trade dress, press releases and other information, are protected under United States and other copyright laws and are owned by Maxwells or used under license from the copyright owner. The information may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sub-licensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner without Maxwells prior written consent, except to the extent that such use is authorized under the United States and other relevant copyright laws. Maxwells trademarks, logos, images and service marks used on this Site are the property of Maxwells and may not be used without the prior written consent of Maxwells and without proper acknowledgment. All rights not expressly granted are reserved. All other trademarks or logos are the property of their respective owners.

Equal Employment Opportunity Commission Statement

Maxwells does not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation, political affiliation, veteran, or status with regard to public assistance, and Maxwells makes employment decisions in accordance with federal, state and local laws.

Modification of Site

Maxwells reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, this Site (or any part thereof) with or without notice to you. You acknowledge and agree that Maxwells shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site.

Governing Law

Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of North Dakota and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.

Severability

If any term or provision of the Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.

Contact Us

If you have any questions about the Terms of Use or this Site, please e-mail us at contact@maxwellsnd.com, or write to us (and include your e-mail address) at Maxwells, 1380 9th Street East, West Fargo, ND 58078, Attention: Legal Department.

 

Example Restaurant Privacy Policy

We want to make your experience with our “Site” (www.maxwellsnd.com) as enjoyable as possible. We also believe you have the right to browse our site anonymously. For this reason, we provide you with the means to control your privacy and welcome you to submit any questions or concerns that you may have. Please read this information carefully before accessing any part of this Site.

Information is collected from you to make it easier and more rewarding for you to use our services. We use this information to design initiatives that are designed as a platform to deliver a broad range of personalized products and services to our customers across our consumer brands. By knowing customer preferences, services and special offerings can be tailored to eliminate hassles and provide superior levels of convenience on a one-to-one basis. Depending on the service you are accessing, you could be asked at various times to provide information such as your name, e-mail address or information concerning what you like and do not like (such as your favorite pizza flavor!). On other occasions when we provide items for purchase online, we may request your credit card number to conclude the transaction or your mailing address to insure proper delivery. In each case, we are committed to protecting your information and will never use your information in a manner that you do not authorize.

We want you and your family to be safe while visiting our Internet sites. That is why, consistent with the Federal Children’s Online Privacy Protection act of 1998 (COPPA), we will never knowingly request personally identifiable information from children.

What Information Do We Collect?

We collect information in several different ways. We indirectly collect through third party providers the domain name of visitors to our Web pages, IP addresses, information concerning your browsing interests on the Site, and we may directly collect any information that you voluntarily submit such as name, e-mail addresses, survey results, postal address, telephone numbers and other information that you provide voluntarily. Like many other commercial web sites, our web sites may employ a standard technology called a “cookie” to collect and store information while browsing our Site, which may be used by third party providers. You may set your browser to refuse the “cookie”, but there may be pages on our Site you will not be able to access if you do. Our Site, however, does not recognize individual users. We also welcome submission of your comments, suggestions and criticisms and will use this information to improve our products and services. If you wish to be excluded, you will have the opportunity to “opt-out” of the marketing use of your information at the time that we contact you.

Who Is Collecting the Information?

Ownership of any information you provide us may be held by Maxwells and our third party providers alone. We will not sell ownership of this data to any other company or organization.

How the Information Is Used

We use the information that we may collect to understand your preferences and history. With this information we can tailor our services and special offerings to provide superior levels of information and convenience. We also use the collected information to improve the design of the pages on the Site. If you provide us with your e-mail address, we may occasionally send you e-mail offers, informing you about products and services. If you provide us with your postal address, you may receive periodic mailings from us with information on new products and services or upcoming events. These offers may be based on information you provided us in your responses to our surveys and on your history with us as a customer. Any other use of your information will be explained in advance and will be subject to your express consent, which consent shall be granted upon entry and submission of that information.

Information Distribution

If you are providing personal information, it will only be used within our domain unless you expressly consent to allow third party data sharing. Although unlikely, we may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested as part of a legal proceeding, we will provide this information upon receipt of the appropriate documentation.

There may be links that will let you leave the Site. We do not control the links or their sites and we are not responsible for the contents of any linked site or any link contained in a linked site. The inclusion of any link does not imply endorsement of the site. The use and/or privacy provided by the operator of a linked site as to any information you provide in accessing a linked site is in no way subject to our privacy policy. Each linked site may have its own policy that could differ considerably from our policy, or the linked site may not display any privacy policy at all.

Security Procedures

We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Any particularly sensitive information, such as a customer’s credit card number, is encrypted prior to transmission. Access to your information is limited to the small set of employees that manage the Site and our network.

How You Can Correct Any Inaccuracies in the Information

You have the ability to edit the personal information that you have provided to us. To update the information retained about you, please “unsubscribe,” and then “subscribe” to re-submit your information.

Your Acceptance of These Terms

By using this Site, you agree to our Privacy Policy. We may also change the policy from time to time, so please be sure to visit this Site often to see if anything has changed. If we post changes and you continue to use the Site, you will be deemed to have agreed to the changes.

Contact Us

If you have any questions about the Policy of this Site, please e-mail us at contact@maxwellsnd.com, or write to us (and include your e-mail address) at Maxwells, 1380 9th St E, West Fargo, ND 58078 Attention: Legal Department.

 

Example Restaurant Gift Card policy

  • Maxwells gift cards are redeemable for purchases of food, drinks and merchandise only at participating Maxwells locations.
  • Gift cards expire within 12 months from date of purchase. Maxwells does not charge a fee for unused balances.
  • Protect your Gift Card like cash.  Maxwells shall not be responsible for any Gift Cards used without permission or for any lost, stolen, damaged or destroyed Cards.
  • Gift cards are non-refundable and all sales are final on gift card purchases.
  • Resale is strictly prohibited.
  • All trademarks on gift cards are property of Maxwells.

QUESTIONS?

Please call (701)277-9463 for any Gift Card FAQS or answers to the most common questions.

For Card balance, Card Replacement, or other Card information or inquiries, please call (701)277-9463.