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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE DOWNLOADING, ACCESSING, OR USING ANY TONICOOKS, LLC ONLINE SERVICES (AS DEFINED BELOW).
Your use of the TONICOOKS, LLC Online Services is at your risk. If you are dissatisfied with the TONICOOKS Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the TONICOOKS, LLC Online Services.
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the TONICOOKS, LLC Online Services, along with the date on which it was most recently updated as indicated by the "Last Updated" section at the end of these Terms and Conditions of Use. Your continued access to or use of the TONICOOKS, LLC Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
The TONICOOKS, LLC Online Services and all content, information, and other materials featured, displayed, contained, and available on the TONICOOKS, LLC Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, "Materials") are owned by or licensed to TONICOOKS, LLC and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the TONICOOKS, LLC Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the TONICOOKS, LLC Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information. You agree to abide by all additional terms, conditions, and restrictions included within the TONICOOKS, LLC Online Services, the Materials, and/or the programs, features, and services.
TONICOOKS, LLC may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any of the TONICOOKS, LLC Online Services, or any portion thereof; (2) change, revise, or modify the TONICOOKS, LLC Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the TONICOOKS, LLC Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the TONICOOKS, LLC Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
The use the TONICOOKS, LLC Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to further or solicit any such activity;
• attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
• use the TONICOOKS, LLC Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
• frame or mirror any portion or feature of the TONICOOKS, LLC Online Services;
• use the TONICOOKS, LLC Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
• use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the TONICOOKS, LLC Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the TONICOOKS, LLC Online Services or the Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the TONICOOKS, LLC Online Services;
• use any device, software, or routine to interfere or attempt to interfere with the proper working of the TONICOOKS, LLC Online Services or with any other person’s use or enjoyment of the TONICOOKS, LLC Online Services;
• transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
• circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of TONICOOKS, LLC;
• forge headers or otherwise manipulate identifiers;
• post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
• harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of TONICOOKS, LLC, its Affiliates, licensees, franchised Operators (as defined below), or partners engaged in the provision of services, including the delivery of any orders, and other users of the TONICOOKS, LLC Online Services;
• submit, display, or post any false or misleading information;
• violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of TONICOOKS, LLC its Affiliates, or any other person or entity; and/or
• transfer or attempt to redeem any verification code for a mobile or online order or digital offer or reward in prohibition of the applicable terms. Attempts to redeem single use offers and verification codes multiple times or through multiple users constitutes fraud.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the TONICOOKS, LLC Online Services, the Materials, our franchisees, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and Conditions of Use, the TONICOOKS, LLC Terms and Conditions, and/or applicable law. TONICOOKS, LLC further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, if TONICOOKS, LLC believes that you have violated or acted inconsistently with these Terms and Conditions of Use, or applicable law, or that you have acted in a manner harmful to our interests or our franchisees, or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.
TONICOOKS, LLC shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use and any decision it makes relating to termination or disabling of TONICOOKS, LLC Online Services, refusal to deliver any orders, shall be final and binding.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the TONICOOKS, LLC Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
Please refer to the FAQs on the TONICOOKS, LLC website.
You are responsible for payment of your order by means of a payment option made available through the TONICOOKS, LLC Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. TONICOOKS, LLC will charge, and you authorize TONICOOKS, LLC to charge, the payment method you specify at the time you place the order. TONICOOKS, LLC reserves the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is valid. You understand that: TONICOOKS, LLC reserves the right to change the prices displayed through the TONICOOKS, LLC Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. TONICOOKS, LLC has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through TONICOOKS, LLC Online Services. Any applicable taxes and fees, delivery and service fees, or other related surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the TONICOOKS, LLC Online Services.
If you believe that your work has been improperly copied and posted on the TONICOOKS, LLC Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable TONICOOKS, LLC Online Service and a description of where the Material that you claim is infringing is located within such TONICOOKS, LLC Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Certain programs, offers, features, or services offered on or through the TONICOOKS, LLC Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify TONICOOKS, LLC immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by TONICOOKS, LLC or any other TONICOOKS, LLC Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. TONICOOKS, LLC shall not be liable for any loss or damage arising from your failure to comply with these obligations.
Security of Your Information: We take reasonable steps to protect the information you provide us from loss, misuse and unauthorized access, disclosure, alteration, and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure; thus, we cannot ensure the security of all information you provide to us via our services. For more information on how we secure your personal information, please visit https://www.cyber.nj.gov/.
Public Access to Information in the State of New Jersey: Laws exist to ensure that government is open and that the public has a right to access appropriate records and information possessed by State government. At the same time, there are exceptions to the public’s right to access public records that serve various needs including the privacy of individuals. Exceptions are provided by both State and federal laws. All the information collected at this site becomes public records that may be subject to inspection and copying by members of the public, unless an exemption in law exists.
The TONICOOKS, LLC Online Services may contain links to other third-party websites, including the websites of TONICOOKS, LLC and social media platforms, such as Facebook, Twitter, Instagram, or Foursquare (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. TONICOOKS, LLC and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from Linked Sites (including, without limitation, from Operators’ Linked Sites), your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
TONICOOKS, LLC is a registered trademark in New Jersey.The TONICOOKS, LLC Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the TONICOOKS, LLC Online Services (collectively, the " TONICOOKS, LLC Intellectual Property") are owned by or licensed to TONICOOKS, LLC , or others with all rights reserved unless otherwise noted. We do not permit third parties to use TONICOOKS, LLC Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the TONICOOKS, LLC Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use TONICOOKS, LLC Intellectual Property without our prior express written permission. You are strictly prohibited from using any TONICOOKS, LLC Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that TONICOOKS, LLC Properties and/or its licensee(s) will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
When you visit the TONICOOKS, LLC Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the TONICOOKS, LLC Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
TONICOOKS, LLC makes no representations or warranties regarding the TONICOOKS, LLC Online Services and the Materials.
WE DO NO WARRANT THAT THE TONICOOKS, LLC ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE TONICOOKS ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TONICOOKS ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. THE TONICOOKS, LLC ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TONICOOKS, LLC ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE TONICOOKS ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TONICOOKS, LLC ONLINE SERVICES.
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE TONICOOKS ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE TONICOOKS ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless TONICOOKS, LLC, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the TONICOOKS, LLC Online Services, and the Materials, programs, offers, features, and services made available through the TONICOOKS, LLC Online Services.
Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the TONICOOKS, LLC Online Services, create any partnership, joint venture, employment, or other agency relationship between, TONICOOKS, LLC its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that TONICOOKS may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of the TONICOOKS, LLC Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to TONICOOKS, LLC. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If TONICOOKS, LLC takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to TONICOOKS, LLC. You agree that TONICOOKS, LLC will not be liable to you or to any third party for termination of your access to the TONICOOKS, LLC Online Services as a result of any violation of these Terms and Conditions of Use.
If you have any questions about TONICOOKS, LLC Online Services or these Terms and Conditions of Use, or you would like to report violations of these Terms and Conditions of Use, please contact us at:
Hackensack, New Jersey
Terms and Conditions of Use last updated on February 25, 2021.
TONICOOKS, LLC All rights reserved.