TERMS AND CONDITIONS

CONDITIONS OF USE

PLEASE READ THESE CONDITIONS OF USE AND THE PRIVACY STATEMENT CAREFULLY BEFORE USING THIS SITE. The Conditions of Use and Privacy Statement apply to this site, www.levyrestaurants.com, and all sites of Levy Restaurants and all of its affiliates ("Levy" or "we") that are linked to this site ("Site" and collectively, the "Sites"). By viewing or using any Site, you signify your assent to these Conditions of Use and the Privacy Statement (collectively the "Agreement"). If you do not agree to the Agreement, please do not use or view any Site.

Levy reserves the right to withdraw access to the Sites or revise the content of any such Sites at any time without notice. Further, Levy may at any time revise the terms and conditions contained in the Agreement by updating this posting. You are bound by any revision and should periodically visit this page to review the current terms and conditions that apply to your sue of the Sites.

DISCLAIMER

THE MATERIALS IN THE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LEVY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LEVY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEVY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LEVY) ASSUME THE RISK OF LOSS USING OR VIEWING ANY SITE AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

Subject to applicable law, Levy reserves the right to suspend or deny, in our sole discretion, your access to all or any portion of a Site with or without notice. You agree that any termination of your access to a Site may be effected without prior notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to a Site.

Please note that Levy does not make any representations or warranties regarding the content of any sites on this Site.

LIMITATION OF LIABILITY

You assume all responsibility and risk with respect to use of the sites. Notwithstanding anything in this Agreement or the Site to the contrary, you shall not be entitled to seek, claim or collect damages in excess of the actual amount paid by you to Levy, if any, for accessing the Site. Accordingly, you hereby expressly waive any right to seek, claim or collect any punitive, indirect, special, speculative or consequential damages in connection with, or related to, your use of any Site or a breach or violation of this or any other agreement entered into between the parties (or their respective affiliated or related entities) to this Agreement.

UNDER NO CIRCUMSTANCES SHALL LEVY OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LEVY, ITS AFFILIATES, AND THEIR OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS, REASONABLE ATTORNEYS' FEES AND LIABILITIES THAT ANY OF THEM MAY SUSTAIN ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF ANY SITE OR ANY INFORMATION OR CONTENT CONTAINED ON ANY SITE.

APPLICABLE LAW

We maintain the Site from our offices within Illinois, United States of America. We make no representation that the content in any Site is appropriate or available for use in any jurisdiction, and access to them from locations in which such content is illegal is prohibited. Those who may choose to access any Site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any claim relating to a Site or the content thereof shall be governed by the internal laws of the state of Illinois, without reference to its choice of law provisions, and shall be resolved solely through proceedings held within the state of Illinois.

The invalidity of any term, condition or provision of these Conditions of Use shall not affect the enforceability of those portions of the Conditions of Use deemed enforceable by applicable courts of law.

PRIVACY IN GENERAL

Levy respects the privacy of every individual who visits our Site or sends us e-mail. This Privacy Statement outlines the information Levy will collect and how we will use that information. This statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit any Levy Site or send us e-mail.

PERSONALLY-IDENTIFIABLE INFORMATION

Levy will not collect any personally-identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

If you do not want your personally-identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the e-mail address listed at the bottom of this Privacy Statement. We will use reasonable efforts to delete your information from our existing files.

When you do provide us with personally-identifiable information, we may use that information in the following ways, unless stated otherwise: we may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest.

Levy will not sell personally-identifiable information to third parties, unless stated at the time of collection.

CHILDREN

Levy has no intention of collecting any personally-identifiable information (that is, name, address, telephone number, or email address) from individuals under eighteen (18) years of age. Where appropriate, Levy will specifically instruct children not to submit such information on our Sites or advertisements without consent of a parent or guardian. If a child has provided us with personally-identifiable information without the consent of a parent or guardian, a parent or guardian of that child should contact us at the e-mail address listed at the bottom of this Privacy Statement if they would like this information deleted from our records. We will use reasonable efforts to delete the child’s information from our existing files.

NON-PERSONALLY-IDENTIFIABLE INFORMATION COLLECTED AUTOMATICALLY

In some cases, we may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, and the domain name of the Site and/or Internet Service Provider from which you linked to our Sites or advertisement.

Similar to personally identifiable information, we will not sell non- personally-identifiable information to third parties.

USE OF COOKIES

When you view our Sites, we may store some information on your computer. This information will be in the form of a "Cookie" or similar file and will be used to determine ways to improve our Site, advertisements, products or services. With most Internet Browsers, you can erase Cookies from your computer hard drive, block all Cookies, or receive a warning before a Cookie is stores. Please refer to your Browser instructions or help screen to learn more about these functions.

DECLINING EMAIL OFFERS

As outlined in this Privacy Statement, we will only send email promotions or announcements to you if you have previously provided your permission for us to do so. Although many customers tell us they appreciate receiving notice of these carefully designed promotions and announcements, we recognize the importance of providing you with choices. At any time, you may request to discontinue receiving these offers from us by simply replying to the email and informing us of your preferences. All email offers that you receive from Levy will inform you of how to decline receiving further email offers.

WHO TO CONTACT

If you have submitted personally-identifiable information through the Levy Site or interactive advertisement, and would like that information deleted from our records, please contact us at our email address webadmin@levyrestaurants.com. We will use reasonable efforts to delete this information from our existing files.