Effective Date: November 4, 2024

These Terms and Conditions of Service (“Terms”) govern your access to, and use of, certain websites (each, a “Site” or “Website”), mobile applications, our Mobile Messaging Program, third-party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of . . . . LLC, Inc. and each of its related, affiliated or subsidiary companies (collectively, the “Company”). For the avoidance of doubt, these Terms apply to Services offered by the following brands:

The Cheesesteak Guy

These Terms are a legal and binding agreement between you and the Company. Your use of the Services indicates your acceptance of these Terms. Do not use the Services if you do not agree to be bound by these Terms. Please note that these Terms may be revised and reissued, prospectively, by posting updated Terms on the Services. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. Your continued use of the Services will be deemed as irrevocable acceptance of any revisions.

PLEASE READ THESE TERMS CAREFULLY, ESPECIALLY THE DISPUTE RESOLUTIONS CLAUSES, AS THEY IMPACT YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW YOU CAN BRING A CLAIM AGAINST THE COMPANY, HOW WE CAN BRING A CLAIM AGAINST YOU, AND HOW SUCH A CLAIM MAY BE RESOLVED.

These are general-audience Services for adults. You hereby represent to the Company that you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

PERSONAL DATA AND PRIVACY
Your use of our Services is subject to our website Privacy Policy and our Privacy Policy is hereby incorporated into, and forms an integral part of, these Terms.

Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you are permitted to provide the Company, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy or the Company’s use of your personal information shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its affiliates, its third-party services providers, partners, sponsors, licensors, licensees, and the like (“Providers”), and the Company and Providers’ officers, directors, employees, attorneys, 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/or (2) your use of, or activities in connection with, the Services and/or materials, programs, and features made available therein.

COMMUNICATING WITH THE COMPANY
The Services may give you the ability to contact the Company by email, for example, to sign up for services such as email notifications about the Company’s products or to register for a particular sweepstakes or contest. The information that you provide to the Company through the Services is governed by the Privacy Policy.

COMPANY PROPERTY
The Services contain many valuable trademarks owned and used by the Company throughout the world. These trademarks are used to distinguish the Company’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of the Company (“Company Content”). The Company Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of the Company.

CONTENT STANDARDS
All Submitted Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submitted Content must not: (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy (v) be likely to deceive any person, (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act, (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization, (ix) involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

ONLINE PURCHASES
To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by the Company. Your information will be collected and used in accordance with Company’s Privacy Policy.

When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to the Company that you are capable of entering into a contract under the applicable law.