Gift Card Terms and Conditions:
Your purchase, use or acceptance of this Gift Card constitutes acceptance of the following terms and conditions. This Gift Card is issued by and represents an obligation solely 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. 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) Valid at any participating Darden-connected restaurants in the U.S., including LongHorn Steakhouse, Bahama Breeze, Seasons 52 or Yard House. (4) Approval required to advertise this card.
For Gift Card balance, activity and complete terms and conditions (including agreement to arbitrate and waiver of jury trial) visit www.olivegarden.com or call toll-free 1-877-230-4120.
© 2016 Darden Concepts, Inc.
eGift Card Terms and Conditions:
Your purchase, use or acceptance of this eGift Card constitutes acceptance of the following terms and conditions. This eGift Card is issued by and represents an obligation solely 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 eGift Card is not redeemable for cash. (2) We can’t replace the value on this card if it is lost or stolen. (3) It may be redeemed at Olive Garden or any other Darden-connected restaurant but is only valid in participating locations in the United States. (4) Approval required to advertise this card. (5) May not be used to purchase alcohol where prohibited by law. (6) eGift Card does not expire. (7) eGift Card deemed purchased from and issued in the State of Florida. (8) The risk of loss and title to the eGift Card passes to the recipient upon electronic transmission of the eGift Card. (9) eGift Card balance may not be transferred to a physical gift card; however, eGift Card may be printed or reprinted for redemption.
For eGift Card balance, activity and complete terms and conditions (including agreement to arbitrate and waiver of jury trial) visit www.olivegarden.com or call toll-free 1-877-230-4120.
© 2016 Darden Concepts, Inc.
To Go Online Ordering Program Terms and Conditions:
www.olivegarden.com is an online ordering program that enables you to place to go orders for menu items at a participating Olive Garden® restaurant through the website (the “Program”). The Program is currently available in select Olive Garden restaurant locations
For locations which do not currently participate in the Program, you can still place orders by calling the telephone number identified for the location. Please note that these Program terms only apply to orders placed online.
Orders placed using the website are sent to the Olive Garden restaurant identified by you when you place your order. Each identified restaurant is individually responsible for fulfilling your order and for communicating with you regarding your order. Questions about your website order should be directed to the restaurant identified when you placed your order. The identified restaurant may contact you by phone for issues regarding your website order and will use reasonable efforts to contact you by phone to discuss any unavailable menu items that are in your order.
Prices for menu items are identified as you place your order. You are responsible for payment of your website order when you pick up the order at the restaurant.
You may order through the website by registering and setting up an account or you may order without registering. To set up your account, you will enter your name, phone number, email address and password. The password is for your personal use only. You are responsible for maintaining the confidentiality of your account(s), email(s) and password(s), and you are responsible for all activities that occur under your account, email and/or password. The Olive Garden restaurant, and its affiliated companies, are not responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account, or for use of your website account without your permission. When ordering through the website without registering, you will be prompted to enter your name, email address and phone number each time you place an order.
Information is collected about you, directly by us and through the activities of third party suppliers and service providers (“Service Providers”), from various sources, including without limitation the following: (i) information you provide when you contact us though this website, (ii) information you provide on the account registration pages or other submission through the website or in connection with the Olive Garden restaurant website, www.OliveGarden.com, (iii) information recorded as a result of your interaction with us and Service Providers through this website or any other related website or in any other manner (e.g. to go orders placed by phone), and (iv) information we collect about you from outside the scope of this website, including, without limitation, information we receive from you in person, from Service Providers and from third parties. Please note credit card information will not be requested online or over the telephone.
Information provided by you on this website is sent to Service Providers of the Olive Garden restaurant for purposes of processing your order, fulfilling the order, and otherwise responding to your inquiries. The information collected may be combined, used and disclosed in a number of ways by us, directly and/or through the activities of Service Provider(s), to help us better understand and serve our guests, including without limitation the following: (i) to administer the Program, which includes fulfilling your order and responding to your inquiries, (ii) to provide you with, or otherwise respond to your requests for, information and/or services, (iii) to provide you with information about new products or services, events in the identified restaurant, events for the Olive Garden restaurants, or other programs the Olive Garden restaurant or its affiliated companies are involved with, (iv) to enhance our guests' experiences in Olive Garden restaurants, on the website and in the Program, (v) to analyze guest behaviors and trends, (vi) to conduct research and analysis to measure the effectiveness of our online and offline marketing efforts, (vii) to develop products, services, and marketing programs, (viii) to coordinate Program activities and communications with other marketing programs conducted by us, (ix) to enable and enhance our sales efforts by phone, email and/or other methods, and/or (x) as otherwise described in these Program Terms or on www.OliveGarden.com.
Your personal information may be transferred within the United States. We do not sell or rent to third parties any of the personal information that you provide to us through the website or the Program, or authorize any of our Service Providers to sell or rent any such personal information. We do not authorize our Service Providers to make independent use of your personal information for their own purposes, including, but not limited to, direct marketing purposes. However, aggregated information about guests participating in the Program or otherwise providing information to us, directly or through our Service Providers, may be combined and utilized by us and our Service Providers for purposes of research, benchmarking and other like uses. Additionally, your information may be disclosed in connection with a transfer or sale of our business, our compliance with applicable laws, and/or investigation of fraud or violation of these Program Terms and other like activities.
To close your account, please contact us by visiting our website www.olivegarden.com, see the My Account page, or email us through www.OliveGarden.com (please include “og2go” in the subject line) or write to us at Customer Service, Olive Garden Restaurant, P.O. Box 695017, Orlando, Florida 32869. This process will be completed as soon as reasonably possible. Please note that your personal information and historical usage information may remain in our records. Be sure to check these Program Terms periodically for updates, which will apply to your personal information.
Information provided by you on www.OliveGarden.com may be sent to Service Providers of the Olive Garden restaurant for purposes of processing your order, fulfilling the order, and otherwise responding to your inquiries.
Rewards Program Terms & Conditions - Effective 11/14/16
These Rewards Terms and Conditions ("Rewards Terms") govern all aspects of participation in the Rewards Program (the "Program"), effective as of the date set forth above.
These Rewards Terms constitute a binding legal agreement in electronic form between you ("you," "your," "yourself," and/or "Member") and GMRI, Inc. and its subsidiaries, affiliated companies, and third party service providers (collectively, "Company," "Darden," "we," "our," "us").
These Rewards Terms are subject to interpretation by Darden in its sole discretion and are governed by Florida law without regard to the principles of conflicts of laws. These Rewards Terms are subject to periodic changes that Company may make in its sole discretion. Unless otherwise specified herein, all changes to these Rewards Terms and the participation requirements apply to all Members, including Members enrolled before the date the changes take effect. By participating in the Program or accepting any Program benefits or offers, you agree to these Rewards Terms, which may be updated from time to time and are available for review at www.olivegarden.com/legal-notices
PLEASE READ THESE REWARDS TERMS CAREFULLY. THESE REWARDS TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
Information and Guidelines
1. Through this pilot program, Members can earn and redeem points at participating locations of restaurants owned and operated by GMRI, Inc.. Participating restaurants are currently Olive Garden® ("Olive Garden Rewards"), LongHorn Steakhouse® ("LongHorn Steakhouse Rewards"), Bahama Breeze® ("Bahama Breeze Rewards"), Seasons 52® ("Seasons 52 Rewards") The Capital Grille® ("The Capital Grille Rewards") Eddie V's® (Eddie V's Rewards) and Yard House® ("Yard House Rewards"). Because this is a pilot program, only select locations of each restaurant are participating
2. Points may be earned in multiple ways and may be exchanged for certain specific rewards ("Rewards"). Reward redemption and benefits are valid only at Participating Locations. Points and Rewards are not transferrable and have no cash or other monetary value.
3. Members are responsible for checking for updates to the Program terms. Company may modify, alter, delete or add participating brands or locations; modify terms and conditions; or discontinue the Program at any time for any reason without prior notice. This includes modifying, altering, adding or deleting point values, changing expiration periods, redemption levels, conversion ratios and Program conditions for status without notice. In addition, Company may convert the Program and Members' points into different awards programs having different point values at any time without notice. This means the number of points needed to reach a reward level may be increased or decreased, the time for earning them reduced or extended, or the available rewards could be changed or removed.
4. Company may terminate the Program, or any portion of it, at any time without further obligation to the Member. Regardless of the amount of time you participate in the Program, your right to accumulate additional Program points or other Program offers and claim rewards under the Program may be terminated and all accrued points in your account cancelled at any time in the sole discretion of Company.
Enrollment / Eligibility / Membership
1. Only individuals that are 18 years of age or older may enroll in the Program. Corporations, groups and other entities are not eligible. Members may not maintain more than one account or share accounts.
2. In order to complete enrollment into the Program, you have to provide your first name, last name, a valid and current email address, an active North American mobile telephone number and your birthdate. Only one Membership may be associated with a single email address and single telephone number. You may have one and only one Membership. Members who enroll by providing their mobile number to their server within the restaurant are considered only partially enrolled. To be fully enrolled and to redeem rewards, you will need to complete your full enrollment by providing additional information on the website, or at an in-restaurant device where available or by contacting customer service.
3. There is no fee to join the Program, and a purchase is not required to become a member. By providing your information, you consent to us collecting, using and sharing your information in accordance with our current privacy policies
and subject to these Rewards Terms.
4. Program points in a Member's account do not constitute property of the Member, have no cash value, and cannot be transferred during or after the Member's life, by operation of law or otherwise.
5. This Program pilot is only offered in select markets at this time. Company reserves the right to change or end the pilot Program at any time, without notice. If you are not yet a member, you can find out whether you're near Participating Locations by visiting www.olivegarden.com/rewards/participating-restaurant-locations
6. The Program may not be used for reselling or profit. Company may investigate any suspected violation of this provision, which may result in immediate termination of the Program account and forfeiture of corresponding points, benefits, and Rewards. Company reserves the right to void Program accounts associated with anyone who has engaged in deception, forgery, fraud or other abuses of the Program, including reselling Rewards, or violations of our intellectual property or other rights determined in the sole discretion of Company. Multiple accounts corresponding to the same person will be subject to termination without notice. If an account is terminated, all points, benefits and Rewards will be forfeited. Company reserves the right to deny membership if we deem your conduct to violate these Rewards Terms.
7. You may cancel your membership in the Program at any time by contacting customer service.
8. From time to time, Members may be eligible for sweepstakes, contests or other promotions. Participation in such events shall be subject to the terms, conditions and rules published at the time of such event and applicable state laws.
1. Under the Program, Members can earn 1 point per $1 (USD) spent on dine-in, delivery, To-Go, and catering orders. Program points can be earned through qualifying purchases at Participating Locations only. Members can earn point per $1 (USD) spent on private dining or contracted group dining events. Private Dining is available only at select brands and could be based on contract events only. Please inquire with the Restaurant location when booking your event.
2. Points you earn or are awarded may be subject to taxation, for which you are solely responsible.
3. Purchases through third-party delivery or dining services are not eligible for Points.
4. Points are calculated using the purchase amount, excluding gratuities, purchase of gift cards, merchandise, service fees, or charitable items, and after any eligible discounts or Rewards have been applied and before sales or other taxes or state fees ("Qualifying Purchase"). The ability to earn points on alcohol purchases is not available at all restaurants, varies by location, and is subject to state and local laws.
5. Points are earned upon completion of a Qualifying Purchase but may not available in your Rewards account for up to forty-eight (48) hours.
6. We may, at our sole discretion, establish and offer you limited-time opportunities to earn additional bonus points. These opportunities will be featured on the Program website and may have different earning levels and expiration periods and are subject to change for any reason at any time.
7. You may request a credit for any purchases or transactions that are missing from your account within 30 days of the original purchase by contacting customer service and submitting a request, including the required information. In order to receive credit for a net qualifying purchase, you must have the receipt information available, including restaurant name, restaurant location number, check number and date of purchase.
8. Points expire only if there are no purchases (whether with dollars, rewards points or reward certificates) within a 120 day period. Reward certificates will be valid through the expiration date specified on the Reward.
1. Members can use their points to redeem for various rewards that are listed on the website for each participating brand. There will be different rewards items featured or available at different point levels at different times. Specific terms and conditions of each reward item will apply to the rewards you redeem. The available rewards and the number of points required to redeem for them is subject to change at any time without notice.
2. Limit of one reward/redemption per visit per member and cannot be combined with any other offer or coupon.
3. Points cannot be used for gift cards, tax, or gratuity. Alcohol reward redemption rules vary by reward and by local and state laws and will vary by location.
4. A Member can redeem their Points in multiple ways. A Member may simply login on an in-restaurant device at a Participating Location and select their desired Reward to be credited to their check. Points can be redeemed for rewards (including To-Go orders) at the desired participating brand website, or while dining you may inform the server in the restaurant you wish to redeem points for an eligible reward.
5. Other exclusions and restrictions may apply. Unless otherwise indicated, each Reward will be valid until 11:59 pm local time on the expiration date specified on the Reward. All Rewards are subject to terms and conditions outlined on the Reward.
6. If the purchase amount is less than the amount of the Reward, the difference will be forfeited.
Errors or Fraud
Company may adjust your Points account status or Points balance, at any time and without notice, due to any (A) computer error, (B) technical issues experienced by Company, (C) machine malfunction, (D) employee, customer, or other error, (E) fraud or other misuse of Points or the Program or (F) other reason which Company deems appropriate. All transactions involving Points are subject to review and verification by Company. All Points are for one-time use, and all transactions involving Points are final unless otherwise determined by Company. Any violation of these Rewards Terms may result in the confiscation or cancellation of your Points and the suspension or termination of your Membership.
1. Program communications will be conducted through various channels, including but not limited to, in-restaurant devices, the Program website, email and SMS/text. If you provide Company with your mobile telephone number for promotional purposes you agree that Company may send to your mobile telephone number autodialed SMS (text) messages regarding offers. Recurring messaging and frequency may vary. Message and data rates may apply. Consent is not a condition of any purchase. For help, text "HELP" to any text message you receive or contact 1-888-443-5176 for customer support. To quit, text "STOP" to any text message you receive. If you reply "STOP" Company may send you an additional message confirming your "STOP" request. Text messages may not be available on all mobile carriers. Click here
2. Certain Member communications are transactional in nature (e.g. purchases that earn points, updates to profile information). Members cannot opt-out of these communications and will continue to receive such notices until Membership is terminated.
3. Certain communications are considered promotional in nature. Members have the option of opting-out of these communications. Members can visit their profile at any time to update their communication preferences.
4. Company expects Members to submit and maintain accurate and current information in connection with their Memberships. Such information includes name, email address and mobile telephone number. Members can change/update their account information by accessing their member profile, or contacting customer service.
5. Company and affiliates reserve the right to make promotional offers available to members, based on purchase activity, Program participation or other factors solely at the discretion of Company.
1. You agree that by entering into these Rewards Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action.
3. A Member who intends to seek arbitration must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be mailed to 1000 Darden Center Drive, Orlando FL 32837 Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration.
All arbitrations required by these Rewards Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration brought under, or with respect to, Rewards Claims is to be joined to an arbitration involving any other party subject to these Rewards Terms whether through class arbitration proceedings or otherwise. Unless Company and Member agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Company in accordance with this section (but not for any arbitration claim against you) Company will pay all of your administrative, hearing, and arbitrator's fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Unless unlawful, Company will pay its, and you will pay your, lawyers', experts', and witness fees, expenses, and costs with respect to all claims. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against company in any court, or in arbitration, with respect to any program claims. This section (confidential arbitration) will survive the termination of the relationship between you and Company.
Company or you may seek injunctive relief only in any state or federal court in Orange County, Florida, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Orange County, Florida USA for injunctive relief purposes. The arbitrator shall have no authority to issue injunctive relief.
Notwithstanding anything to the contrary in these rewards terms, under no circumstances is company liable for any incidental, indirect, special, punitive, exemplary, or consequential damages. Your maximum recovery under any theory of liability shall not exceed the amount of points awarded to you by company during the first six (6) months preceding that act or omission which gave rise to your program claim(s).
How to Contact Us about Olive Garden Rewards
If you have any questions about these terms and conditions or if you would like us to update information we have about you or your preferences and/or account, please contact us online at www.olivegarden.com/contact-us
or by phone at 1-844-645-6925.
You also may write to us at:
Darden Restaurants, Inc.
1000 Darden Center Drive
Orlando, FL 32837
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®, 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.
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.
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:
Writing to: Elizabeth Yost
Compliance & Ethics Manager
Darden Restaurants, Inc.
1000 Darden Center Drive Orlando, FL 32837
Phone: 407-245-5397, ext. 7
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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; 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; 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 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.
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.
Jurisdiction and Applicable Law
Entire Agreement and Admissibility
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
Calling us at: 407-245-5397, ext. 7
Emailing us at: ComplianceEthics@darden.com
Darden Restaurants, Inc.
Attention: Elizabeth Yost, Privacy Department
c/o Compliance and Ethics Office
1000 Darden Center Drive
Orlando, FL 32837
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Safe Harbor Notice
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5. 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.