TERMS OF SERVICE

TERMS OF USE

Updated October 29, 2015

This page states the terms and conditions under which you, the web site visitor, may use NathansFamous.com or any other related Nathan’s Famous website (the “Site”). Please read this page carefully.

This Site is owned and operated by Nathan’s Famous, Inc. or one of its affiliated companies or licensees (collectively, “Nathan’s Famous”), except that the online store is operated by a third-party service provider. By using this Site, you agree to comply with and be bound by all of the terms and conditions set forth in these Terms of Use. If you do not accept these Terms of Use, please immediately navigate out of the Site and do not use the Site. Nathan’s Famous may revise or modify these Terms of Use or any of the features or other offerings on the Site (collectively, “Changes”) at any time, in its sole discretion; therefore, you should visit this page periodically to review the most current Terms of Use and Site features and offerings. Your sole and exclusive remedy if you do not agree to any such Changes is to stop using the Site.

Use of Site Material

The contents of the Site, such as text, graphics, images, multimedia, and other content (the "Site Material"), are protected by copyright under both United States and foreign laws. These Terms of Use do not grant you any license whatsoever to the Site Material except as described in this paragraph. Unless stated otherwise on the Site, Nathan’s Famous authorizes you to view and download a single copy of the Site Material for your non-commercial personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to not remove or alter in any manner any copyright, trademark and other proprietary notices contained in the original Site Material on any copy of such material. Except as expressly provided herein, you may not sell or modify the Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose, or reverse-engineer, disassemble, or derive the source code for any Site Material. Additionally, you shall not use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site, or interfere with anyone else’s use and enjoyment of the Site. Specifically, you may not attempt to gain unauthorized access to the Site through hacking, password mining, or any other means. Use of the Site Material on any other website or in a networked environment is prohibited. Nathan’s Famous or its licensors retains ownership of all Site Material, including all intellectual property rights in the Site Material. Stock photo images on the Site are used under license from Corbis Corporation, Getty Images, Masterfile Corporation, or other stock image library.

Coupons, Special Promotions, Sweepstakes, Contests, Games, Features

This Site may contain coupons, special promotions, sweepstakes, contests, games, or other promotional features or functionality (collectively, “Promotions”). These Promotions may be offered subject to special terms and conditions, such as eligibility requirements, entry deadlines, or other rules and restrictions (“Special Terms and Conditions”). Promotions may be limited to participating locations. If Special Terms and Conditions apply for any Promotion, we will post the applicable Special Terms and Conditions or provide a link to the Special Terms and Conditions on the web page featuring the Promotion. The Special Terms and Conditions shall supplement and amend these Terms of Use and are hereby made a part of these Terms of Use. You can sign up for our Coupon Club which will send you coupons for use at participating locations. Coupons will have their own Special Terms and Conditions printed on the coupons. Coupons are not transferable and cannot be sold, reproduced, bartered or traded.

Trademarks

The names, marks and logos appearing on the Site are, unless otherwise noted, trademarks owned by or licensed to Nathan’s Famous. Your use of these trademarks, except as provided in these Terms of Use, is prohibited. From time to time, Nathan’s Famous may make a fair use on the Site of trademarks owned by third parties. Nathan’s Famous makes no claim to ownership of those marks.

User Submissions

Nathan’s Famous welcomes your comments on or through the Site. However, you acknowledge that if you send us creative suggestions, ideas, recipes, notes, drawings, concepts, inventions, product reviews, or other information (collectively, the "Information"), the Information shall be deemed, and shall remain Nathan’s Famous property. By submission of any Information to Nathan’s Famous on or through the Site, you assign to Nathan’s Famous and Nathan’s Famous shall own exclusively all rights to such Information of every kind and nature throughout the universe now known or hereafter existing. Nathan’s Famous shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to you or the provider of the Information and without any notice to or right of review or approval by you or the provider of the Information.

As a user of this Site, you are responsible for your own communications. Therefore, DO NOT do any of the following things:

  • Transmit material to Nathan’s Famous on or through the Site that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner;
  • Send material that reveals trade secrets;
  • Send material that infringes on any intellectual property rights of others or on the privacy or publicity rights of others;
  • Send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  • Intentionally or unintentionally violate or encourage conduct that would violate any local, state, or federal law;
  • Send advertisements or solicitations of business;
  • Send chain letters or pyramid schemes;
  • Transmit material that contains any computer viruses, worms or other potentially damaging computer programs or files. or
  • Impersonate another person or entity.

Reporting Claims of Copyright Infringement

Nathan’s Famous respects the intellectual property rights of others and does not knowingly violate or permit others to violate such rights. Users of this Site are prohibited from posting or submitting any content that violates copyright or other intellectual property rights. Nathan’s Famous reserves the right to remove any such content in its sole discretion.

In accordance with the Digital Millennium Copyright Act of 1998, Nathan’s Famous will respond promptly to claims of copyright infringement committed on the Site and reported to Nathan’s Famous. If you are the copyright owner of any content or authorized to act on the owner’s behalf, please report any alleged copyright infringements to the following address or email:

Attn: Legal Department

Nathan’s Famous

One Jericho Plaza
Second Floor - Wing A
Jericho, New York 11753

Email: copyright@nathansfamous.com

To be sure the matter is handled immediately, your written notice must:

  • Contain your physical or electronic signature;
  • Identify the copyrighted work or other intellectual property alleged to have been infringed;
  • Identify the allegedly infringing material in a sufficiently precise manner to allow Nathan’s Famous to locate that material;
  • Contain adequate information by which Nathan’s Famous can contact you (including postal address, telephone number, and e-mail address);
  • Contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
  • Contain a statement that the information in the written notice is accurate; and
  • Contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

Unless the notice pertains to copyright or other intellectual property infringement, Nathan’s Famous will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

Nathan’s Famous will notify you that it has removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide Nathan’s Famous’ agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Nathan’s Famous may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Termination of Repeat Infringers

Nathan’s Famous reserves the right, in its sole discretion, to terminate the account or access of any user of this Site who is the subject of repeated DMCA or other infringement notifications.

Restricted Access

Certain Nathan’s Famous websites or features may have restricted access or require a login and password. If this Site or any portion of the Site is restricted, then only users expressly authorized by Nathan’s Famous are permitted to use the restricted Site. You are responsible for maintaining the confidentiality of your password and for the activities of anyone accessing the Site using your password, even if such access or use is unauthorized by you. If you have reason to believe your password has been compromised, you must promptly notify Nathan’s Famous and request a new password. Nathan’s Famous reserves the right to revoke or prohibit access to any restricted Site for any reason and at its sole discretion.

In the event the Site is restricted to authorized users only and such restricted Site provides access to confidential pricing, sales terms, or other non-public information of Nathan’s Famous, you agree to keep such information confidential and to not disclose the information to any third party or use it for any purpose other than for the purpose expressly stated on the Site.

Cautionary Language Regarding Forward-Looking Information

This Site may contain "forward-looking" information within the meaning of the federal securities laws. Forward-looking information may include statements concerning the company's outlook for the future, as well as other statements of beliefs, future plans and strategies or anticipated events, and similar expressions concerning matters that are not historical facts. Forward-looking information and statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in, or implied by, the statements. These risks and uncertainties include availability and prices of livestock, raw materials and supplies, livestock costs, product pricing, the competitive environment and related market conditions, operating efficiencies, access to capital, the cost of compliance with environmental and health standards, adverse results from ongoing litigation and actions of domestic and foreign governments. Nathan’s Famous' filings with the Securities and Exchange Commission (the "SEC"), including its Annual Report on Form 10-K, may identify additional risks and uncertainties. These filings are available from the SEC.

Forward-looking statements speak only as of the date they are made. You should not place undue reliance on forward-looking statements. Nathan’s Famous undertakes no obligation to publicly update or revise any forward-looking statements.

Health Related Information

Information accessible on this Site is for information or advertising purposes only and is not intended to be a substitute for professional medical advice. Nathan’s Famous does not warrant the validity of any health-related statements contained on the Site or any such information contained in third party websites referenced in the Site. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

Limitation of Liability

NATHAN’S FAMOUS DOES NOT WARRANT THAT THIS WEB SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THIS SITE OR THE SITE MATERIAL RESULT IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NATHAN’S FAMOUS SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES. THIS WEB SITE AND ITS MATERIAL ARE PROVIDE ON AN "AS IS" AND "AT YOUR OWN RISK" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NATHAN’S FAMOUS, TO THE FULLEST EXTENT PERMITTED BY LAW DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH SMITHFIELD STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON THE SITE, NATHAN’S FAMOUS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. NATHAN’S FAMOUS DOES NOT MAKE ANY WARRANTIES AS TO THE RESULT OR OUTCOME OF USING THE SITE OR PROPERLY FOLLOWING ANY INSTRUCTIONS, RECOMMENDATIONS, DIRECTIONS, OR RECIPES CONTAINED IN THE SITE MATERIAL.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.

No Consequential Damages

IN NO EVENT SHALL NATHAN’S FAMOUS, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, LICENSEES, AGENTS, PROMOTIONAL PARTNERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESTNATIVES, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, SITE MATERIALS, OR SITES LINKED TO THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NATHAN’S FAMOUS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES MAY NOT ALLOW ANY NATHAN’S FAMOUS TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.

Links

This Site may contain links to website owned or controlled by third parties. For example, the online store is a separate site operated by a third party. These links and the contents on these other websites are provided solely as a convenience to you and are not an endorsement by Nathan’s Famous. Nathan’s Famous is not responsible for the content of any linked websites and makes no representations regarding the content or accuracy of materials on such third-party websites. If you decide to visit any third-party websites using links from this Site, you do so at your own risk. Consult the Uniform Resources Locator ("URL") address identified in your browser to determine whether you have linked to a third party website.

Indemnity

By using this Site, you agree to defend, indemnify, and hold harmless Nathan’s Famous, its affiliated companies and their respective officers, directors, employees, agents and representatives (the “Indemnified Parties”), from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that the Indemnified Parties may become obligated to pay arising or resulting from any Information that you provide or from your unauthorized use of the Site or Site Material and/or your breach of these Terms of Use. Nathan’s Famous reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

Privacy Policy

Your privacy is important to Nathan’s Famous. Please review the Privacy Policy pertaining to your use of the Site, except for the online store which is operated by a third party and has its own privacy policy. Your use of the Site is subject to the terms in the Privacy Policy.

Local Laws; Export Control

Nathan’s Famous controls and operates this Site from its headquarters in the United States of America and the entirety of this Site may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are solely responsible for following applicable local laws.

Termination of Rights of Access

Nathan’s Famous reserves the right to expel you and to prevent further access to this Site for violating these Terms of Use or any law. The violation of any of these Terms of Use may result in the immediate revocation of your right to access or use the Site or Site Material and obligates you to immediately destroy any copies of the Site Material in your possession and no longer use the Site Material.

Miscellaneous

Nathan’s Famous does not claim that the Site Material is appropriate or may be used outside of the United States. Access to the Site Material may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Nathan’s Famous is headquartered in Jericho, New York. These Terms of Use are governed by the laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the state and federal courts situated in the State of New York with respect to any dispute, disagreement, or cause of action related to or involving this Site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in the Site, these Terms of Use, together with the Site Privacy Policy and any Special Terms and Conditions, constitute the entire agreement between you and Nathan’s Famous with respect to your use of the Site. If the Site allows users to purchase any products on or through the Site or via phone or email, such purchases are subject to separate purchase terms and conditions provided to you at the time of purchase.