Date Last Modified: July 16, 2021
Thanks for joining Steak ‘n Shake online. We hope you enjoy your experience and find it informative.
Steak ‘n Shake Enterprises, Inc. (“Steak ‘n Shake” or “we”) makes its website (www.steaknshake.com), other websites where we post the Terms of Use, and our mobile applications (collectively, our “Website”) including all information, documents, communications, files, text, graphics, and audio/visual files on our Website and mobile applications (collectively, the “Steak ‘n Shake Materials”), available for your use subject to the Terms of Use set forth herein. The Terms of Use spell out what you can expect from us and what we expect from you when utilizing our Website. When visiting our Website, the Terms of Use should be read in conjunction with the Privacy Policy located on our Website.
These Terms of Use include an arbitration clause. Please read the Terms of Use carefully before you start to use the Website.
1. Acceptance of Terms of Use and Non-Transferability.
By using our Website, you accept and agree to all terms, conditions and notices contained or referenced on the Website (“Terms of Use”). Please read these Terms of Use carefully. If you do not agree to the Terms of Use, do not use our Website. By accessing, using, or downloading in any way, without limitation, any Steak ‘n Shake Materials from our Website or merely browsing our Website, you agree to and are bound by these Terms of Use.
Steak ‘n Shake reserves the right to change the Terms of Use at any time, without prior notice to any Website visitor (“User”), so we suggest that you review the current Terms of Use at the start of each visit to the Website. If you breach any of the Terms of Use, your authorization to use our Website automatically terminates. A User’s right to use our Website is not transferable.
2. Intellectual Property Rights.
A. Copyright Information and Personal and Non-Commercial Use Limitation.
All Steak ‘n Shake Materials and the compilation of all content included on our Website are owned or licensed by Steak ‘n Shake and protected by United States and international copyright laws. Steak ‘n Shake does not claim ownership of copyrights owned by third parties.
You have been granted a license to view and use the Steak ‘n Shake Materials subject to these Terms of Use. Unless otherwise specified, the Steak ‘n Shake Materials on our Website are for your personal and non-commercial use. You may not sell or modify Steak ‘n Shake Materials or reproduce, display publicly or otherwise use the Steak ‘n Shake Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Steak ‘n Shake. Users may not provide copyrighted or other proprietary information to Steak ‘n Shake without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Trademarks and Copyright.
Steak ‘n Shake owns trademarks for its services and products. These and other Steak ‘n Shake logos and service marks are trademarks of Steak ‘n Shake and may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, used or distributed in any way, without prior written consent of Steak ‘n Shake. You agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives of such trademarked material or content without the express written consent of Steak ‘n Shake. All other trademarks, product names, and company names and logos appearing on our Website are the property of their respective owners, i.e. our supplier-partners.
C. Linking.
If you have a website and wish to establish temporary or permanent links from your website to our Website, you must link to our homepage only. If you would like to link to another location within our Website you will need to receive written permission from us.
3. Privacy and Protection of Personal Information.
Steak ‘n Shake respects the privacy of visitors to our Website. Please see Steak ‘n Shake Privacy Policy relating to the collection and use of your information. You acknowledge and agree that the Privacy Policy, including but not limited to, the manner in which Steak ‘n Shake collects, uses and discloses your personally identifiable information, is incorporated and made part of these Terms of Use. If you do not agree to each and every part of Steak ‘n Shake Privacy Policy, then you should not use our Website or submit any personally identifiable information through our Website. Questions regarding privacy issues should be directed to Steak ‘n Shake via snsprivacy@steaknshake.com.
4. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of our Website is at User’s sole risk. Neither Steak ‘n Shake, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that websites affiliated with Steak ‘n Shake, including but not limited to our Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on our Website may contain inaccuracies or typographical errors. The Providers make no warranty as to the results that may be obtained from the use of our Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our Website. From time to time, the prices of our food in our restaurants may be higher or lower than those prices on our Website. In that event, the prices on our menus at each restaurant location will govern the price you will pay.
A. Disclaimer of Warranties.
OUR WEBSITE IS PROVIDED BY STEAK ‘N SHAKE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STEAK ‘N SHAKE AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
STEAK ‘N SHAKE AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE, SECURITY OF OUR WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR WEBSITE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
STEAK ‘N SHAKE AND THE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF OUR WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF STEAK ‘N SHAKE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT STEAK ‘N SHAKE AND THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF STEAK ‘N SHAKE OR ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM OUR WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO STEAK ‘N SHAKE RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT STEAK ‘N SHAKE AND THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE STEAK ‘N SHAKE GOODS OR SERVICES, FROM INABILITY TO USE THE STEAK ‘N SHAKE GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE STEAK ‘N SHAKE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of our Website, your sole and exclusive remedy is to discontinue your use of our Website.
5. Third Party Links.
Our Website may contain links to other websites and may forward you to other websites within the same Internet browser window. These websites are not under the control of Steak ‘n Shake, and the existence of a link on our Website does not imply any endorsement of the linked websites by Steak ‘n Shake or any affiliation between Steak ‘n Shake and the owners of the linked websites. Steak ‘n Shake makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites. You agree that Steak ‘n Shake has no responsibility to you with respect to such material. Steak ‘n Shake encourages you to examine the privacy policies and/or terms of use policies of any third party website.
6. Online Conduct.
The User agrees to use the Website and any services provided through the Website only for lawful purposes. The User agrees to abide by all marketing laws, including but not limited to CAN-Spam, CASL and GDPR, if applicable. Unacceptable uses of our Website include without limitation:
- (i) engaging in any illegal activity or the planning of any illegal activity;
- (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person;
- (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
- (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions;
- (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on our Websites or any other computer network;
- (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or
- (viii) engaging in any other activity deemed by Steak ‘n Shake to be in conflict with the spirit or intent of our Website.
7. Termination.
These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our Website and destroying all Materials obtained from our Website and all copies thereof, whether made under these Terms of Use or otherwise. Your access to our Website may be terminated immediately without notice from Steak ‘n Shake if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of our Website and destroy all Materials obtained from our Website and all copies thereof, whether made under these Terms of Use or otherwise.
8. International Users.
Steak ‘n Shake provides this Website for use only by persons located in the United States. We make no claims that the Website or any of its contents are accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries.
9. Security.
If you use our Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via our Website, including e-mail address, credit card number, and other payment related information.
If you are given or create a password to access the Website, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify Steak ‘n Shake immediately of any unauthorized use of your account. The Company is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Steak ‘n Shake reserves the right to monitor all network traffic to the Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to the Website in any fashion. Anyone using the Website expressly consents to such monitoring.
10. Arbitration.
Any dispute relating in any way to your visit of our Website shall be submitted to confidential arbitration in Indianapolis, Indiana, except that, to the extent you have in any manner violated or threatened to violate Steak ‘n Shake intellectual property rights, Steak ‘n Shake may seek injunctive, equitable, or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in the states and federal courts in the State of Indiana. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (www.adr.org). The arbitrator’s award, including attorneys’ fees, shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use or Privacy Policy shall be joined to an arbitration involving any other party subject to these Terms of Use or Privacy Policy, whether through class arbitration proceedings or otherwise.
11. Applicable Law/Jurisdiction.
Our Website is hosted by Steak ‘n Shake in the State of Indiana. As such, by visiting our Website, even if accessed from a location outside the United States, you agree that the laws of the State of Indiana will govern these disclaimers, Terms of Use, and Privacy Policy, without giving effect to any principles of conflicts of laws. Steak ‘n Shake reserves the right to make changes to its Website and these disclaimers, Terms of Use, and Privacy Policy at any time. User hereby irrevocably and unconditionally consents to jurisdiction in the State of Indiana.
12. Waiver/Severability.
The failure of Steak ‘n Shake to require or enforce strict performance by you of any provision of these Terms of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of Steak ‘n Shake right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Use, which shall continue to be in full force and effect.
13. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website, Terms of Use, or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
14. Indemnity.
You agree to defend, indemnify and hold harmless Steak ‘n Shake and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
15. Entire Agreement.
These Terms of Use, including the Privacy Policy, constitute the entire agreement between the User and Steak ‘n Shake with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use or Privacy Policy will be effective only if in writing and signed by Steak ‘n Shake.
The section titles in the TERMS OF USE are for convenience only and have no legal or contractual effect.
These Terms of Use may be changed at any time, without prior notice.
16. Contact Information. Questions can be directed to Steak ‘n Shake at: snsprivacy@steaknshake.com
Steak n Shake Enterprises, Inc.
Attn: Chief Legal Officer
107 S Pennsylvania Street
Suite 400
Indianapolis IN 46204