Welcome to I Heart Mac and Cheese®. The following terms and conditions of use, as updated from time to time (collectively, the "Terms") govern your access to and use of all or part of www.iheartmacandcheese.com, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs where these Terms appear (collectively, the "Services"). The Services are provided by the I Heart Mac and Cheese operating Company or one of its affiliated or subsidiary companies (collectively, or individually, as the case may be, "IHMC"). By visiting or using the Services, you expressly agree to these Terms. We may change or modify these Terms from time to time and will post the updated Terms with a "Last Updated" effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Services after these Terms have been changed or modified (see Last Updated date above) signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Terms, do not use the Services.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE SERVICES. Some Services may require that you must be 18 or older to use the Service. The Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. For additional information regarding the use of information by minors, please review our Privacy Statement.
The Services are made available to provide information about I Heart Mac and Cheese quick serve restaurants in the United States, and to provide certain marketing and other programs and services offered by IHMC ("Programs"). Information made available through the Services applies only to participating I Heart Mac and Cheese restaurants.
You may not use the Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Services; (d) infringes upon the rights of any third party; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of IHMC items without the prior written consent of IHMC; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Services.
Some of the Programs and Services are made through the use of third-party suppliers and service providers ("Suppliers"). In addition to other Suppliers, the Services are supported by services provided by third party online servicing companies. By using the Services, you agree to comply with all terms and notices as such providers may provide, including their terms and conditions of service and their respective privacy policies. You agree to defend, indemnify and hold IHMC, its franchisees and Suppliers and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the these Terms.
There are no fees charged by IHMC to use the Services, but there may be data usage or other like fees owed to your mobile carrier resulting from such use, for which you are responsible, and you are responsible for payment of any items purchased through the Services.
IHMC may discontinue or change specifications on products described and/or displayed through the Services from time to time without prior notice. IHMC reserves the right to suspend, block or terminate your access to all or any portion of the Services and/or participation in any Program without notice and in its sole discretion (including without limitation for actual or suspected fraud, unauthorized use of any Program, member card or account or failure to comply with these Terms). IHMC also reserves the right to seek all other remedies available at law and in equity.
IHMC may discontinue, or change from time to time, any Program or Service, including any Program terms, without prior notice. Please see full Program terms for each Program or Service for additional terms applicable to that Program. If you join a Program or set up an account for a Service, IHMC may also make account(s) for other Programs available to you. Some Program options are only available if you utilize corresponding program features. Some Programs require that you set up an account with IHMC. When you set up an account under any Program, you may be required to choose a user name and password. You may also be able to access your account(s) and/or create an account through third party authorization method(s) (for example, a social media account). You may have the ability to choose to have portions of your account information accessible by third parties (for example, in connection with your use of third party services, such as an electronic wallet). You may have the ability to interact with your account through third party services (for example, third party voice assist services or third party order processing services). The third party‘s terms and conditions apply as more fully described under Third Party Content, Products and Services (including Advertising and Promotions) below. All information provided by you must be complete and accurate. If your information changes, you should promptly update your account. If you use the same user name and password for different accounts, the account information from the various Programs may be combined. If you make a change in your account information for one Program there may be an automatic corresponding change to your account information for another Program. Your Program member card(s), account(s), username(s) and password(s) and PIN number(s) are for your personal use only. You may have the ability to choose to have your credit card, I Heart Mac and Cheese gift card and/or other payment methods associated with your account(s). You are responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your Program member card(s), account(s), username(s) and password(s), I Heart Mac and Cheese Gift Cards, and any other information that may be used to access your account(s). If you believe your account(s) have been compromised, please immediately access IHMC and take immediate action to remove the credit card, I Heart Mac and Cheese gift card and/or other payment method information associated with your account(s). Neither IHMC nor any franchisee or Supplier is responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account(s), or for use of your Program member card(s) or reward(s), if any, issued under any Program or account(s) without your permission. IHMC does not represent or warrant that the Program member cards will always be accessible or accepted. Without notice to you, IHMC reserves the right to suspend and/or terminate your account(s) and/or your participation in any Program for any reason in its sole discretion, including without limitation if IHMC determines in its sole discretion that you have violated these Terms or the applicable Program terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. IHMC may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative.
The MacMoney Rewards Program allows you to earn and/or receive MacMoney (i.e. rewards dollars towards food and other rewards exchanges. MacMoney and other such rewards are individually or collectively referred to as "Reward(s)"). To become a IHMC Rewards member, you must: (1) Be at least 13 years old; and (2) Register for your IHMC Rewards account through the IHMC mobile application and/or through the IHMS website. Your IHMC Rewards membership is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one IHMC Rewards account that is personal to you. A unique and valid email address is required to register for a IHMC Rewards account. A social media account may be required to complete actions to earn certain Rewards. Your IHMC Rewards account number or email associated with your account may be required to be presented in connection with a transaction or activity. The IHMC Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. There are no membership fees associated with the IHMC Rewards Program.
No Rewards are earned until the IHMC Rewards Card is registered. Rewards are issued by IHMC on a periodic basis and may not be identified to you in advance. Number, type and frequency of Rewards are based upon a number of factors, including without limitation the frequency of visits, and the volume and type of purchases made. Purchases from a participating I Heart Mac and Cheese locations are required to earn Rewards. IHMC MacMoney may be used to earn purchase-based Rewards no more than one time per day. IHMC has the sole discretion to determine the rules, terms and conditions of the MacMoney rewards program and the earning and use of MacMoney rewards.
Other IHMC Rewards Information:
Your IHMC MacMoney Rewards has no cash value, is not a gift card or credit card, and is not valid if obtained from unauthorized parties, including without limitation through Internet auction sites. Notify us of a lost or stolen IHMC Rewards Card or account. IHMC may conduct test Programs from time to time in certain markets that may have additional/different Program terms than those described herein. IHMC has no obligation to expand or continue any test. Rewards may not be earned or redeemed if unexpected technical difficulties arise.
Without notice to you, IHMC reserves the right to suspend any IHMC MacMoney Rewards Card and/or terminate your account and/or your participation in the Program for any reason in its sole discretion, including without limitation if IHMC determines in its sole discretion that you have violated these Terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. IHMC may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative. In the event that your participation in the IHMC Rewards Program is terminated, then all accumulated Rewards in your account are void.
IHMC may make available to you the ability to order online from our participating I Heart Mac and Cheese locations. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts 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 Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third-party services to process payments. The I Heart Mac and Cheese location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Services. The Services may allow you to customize your order. Portion size references are for convenience only and do not indicate nutrient content information of any kind. Refunds, if any, of amounts paid for cancelled catering orders will be identified at the time of cancellation. Please contact the location responsible for fulfilling your order directly to identify amounts due.
Delivery is available at participating I Heart Mac and Cheese locations in the U.S. Not all I Heart Mac and Cheese locations offer delivery services and, if delivery is available, it may be available in a limited geographic area. Delivery hours may be limited and may vary. I Heart Mac and Cheese locations that offer delivery may also offer an order tracking system available via app on your mobile phone. Data usage or other like fees owed to your mobile carrier may apply. Delivery orders require a minimum order of a certain amount, which may vary by location. In most cases, the minimum order amount will be exclusive of taxes and delivery charges that may apply and which may vary by location. Our delivery charge is not a tip or gratuity provided to the driver. Orders must be placed online or through a mobile applications with a credit card.
IHMC may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including IHMC branded, co-branded and/or our franchisee(s)' content and/or web pages (collectively, "Third Party Content"). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any IHMC Service does not imply IHMC's endorsement, affiliation or adoption of the Third Party Content or service, and IHMC makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third-party services (for example, if you use Google voice assist services, you agree to comply with its Terms of Service. You acknowledge and agree that IHMC is not responsible or liable in any manner for Third Party Content or services. If you have questions or concerns about the website of a IHMC franchisee, please contact that franchisee directly. See the For More Information section below.
We may combine the information we receive about you, including information you provide directly to us and information we automatically collect through IHMC Services, as well as information collected across other computers or devices that you may use, from other online or offline sources, and from third parties. If we combine your personal information and non-personal information, we will treat the combined information as personal information in accordance with this Privacy Statement.
I HEART MAC AND CHEESE, IHMC, the macaroni and cheese character design logos, MacMoney name, IHMC design logos and any other trademarks, service marks or branding marks utilized are registered and/or pending trademarks of IHMC. All other IHMC trademarks, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the Services are the property of IHMC or its affiliates or its licensors. In countries where any of IHMC's trademarks, service marks, logos, domain names, trade or company names, or indicia of origin are not registered, IHMC claims other rights associated with unregistered trademarks, service marks, logos, domain names, company names, or indicia of origin. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademarks, service marks, logos, domain names, company names, or indicia of origin of IHMC or any third party without permission from the owner of the applicable trademarks, service marks, logos, domain names, company names, or indicia of origin. Your use of the Services does not create, and nothing contained in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of IHMC. Non-IHMC-owned content may not be used without permission.
Unless otherwise indicated, the Services and all content therein including without limitation articles, text, photographs, images, illustrations, graphics, designs, information, video and audio material, and software, including the selection and arrangement thereof, are IHMC's or its licensor's proprietary property and are protected by copyright laws. You are granted a limited, non-sublicensable license to access and use the Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Services of any materials therein, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.
Material from the Services may not be copied, distributed, republished, downloaded, uploaded or transmitted in any way without the prior written consent of IHMC EXCEPT that you may download one copy of the material onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Unless otherwise set forth in a written agreement between you and IHMC, you are granted a limited, non-exclusive right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray IHMC in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain obscene, pornographic, sexually explicit, illegal or otherwise objectionable material or damage or dilute the goodwill associated with trademarks, service marks, logos, domain names, company names, or indicia of origin of IHMC or any third party. In addition, the link must "point" to the URL www.iheartmacandcheese.com and not to other page(s) within the Services and the appearance, position and other attributes of the link may not create the false appearance that you, your organization or entity is sponsored by, affiliated with, or associated with IHMC. IHMC reserves the right to revoke this limited right at any time in its sole discretion.
If you believe that any material available on or via the Services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Mac and Cheese Franchise Operations, LLC Legal Department
621 NW 53 Street, #360
Boca Raton, Florida 33487
Tel: (561) 300-5343
Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter- notification with our Designated Agent identified above. Please refer to 17 U.S.C. § 512(g)(3). If IHMC receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. IHMC may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the Services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU "AS IS," WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURA TE INFORMATION THROUGH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING IHMC, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES. TO THE EXTENT PERMITTED BY AOPLICABLE LAW, IHMC, IT SUPPLIERS AND FRANCHISEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IHMC'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL IHMC'S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.
If we use the information we collect about you in other ways, which we will tell you about at the time we collect it and for which we will seek your consent if required by law.
While job openings are identified as part of the Services, the process of applying for a job is conducted on a separate website(s) not subject to these Terms. IHMC is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status or Vietnam-era Veteran status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. IHMC encourages all qualified applicants to apply. IHMC does not have any responsibility for the hiring practices of its franchisees.
IHMC makes no representation that the information available through the Services is appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
Access to and use of the Services and these Terms are governed by the laws of the State of Delaware, without regard to conflicts of laws principles (with respect to matters within the United States). Any legal action or proceeding relating to your access to or use of the Services or these Terms shall be instituted only in the federal and state courts in the State of Delaware. By accessing or using the Services, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. If any clause or provision set forth in these Terms is determined be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized representative of IHMC, shall have any legal effect. You may not transfer any of your rights or obligations under these Terms, in any way. All of IHMC's rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in these Terms.
If you have any questions regarding these Terms, including how to contact a particular franchisee, please access our offices at (561) 300-5343.
© 2019 I Heart Mac and Cheese. All Rights Reserved.