Terms of Use
This website is owned and provided by Perkins & Marie Callender’s, LLC, a Delaware corporation (“PMCI” or “Perkins”). PMCI conducts business under the name of “Perkins Restaurant and Bakery”. Your use of this website is subject to the terms and conditions contained in this Legal Statement and constitutes your acceptance of these terms and conditions and your agreement to be bound by them. If you do not agree to these terms, you should not use this website or download materials from this website. You should review this Legal Statement frequently. We reserve the right to change the terms and conditions at any time without notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this website.
Your use of this website is limited to personal and noncommercial use unless other uses are expressly granted to you. You may download or make a single copy of material from this website for your personal and noncommercial use. This authorization is not a transfer of title in the materials or in copies of the materials. You may not copy, distribute, modify, transmit, reuse, re-post or otherwise display this website’s content for public or commercial purposes without the express written permission of PMCI. Please forward any requests in writing to PMCI, Attn: Legal Department, 6075 Poplar Avenue, Suite 800, Memphis, TN 38119-4709.
Intellectual Property
The following trademarks used herein are owned by Perkins & Marie Callender’s, LLC and it affiliates: Perkins, Perkins (Oval Design), Perkins (Design), Perkins Restaurants (Oval Design), Bottomless Pot of Coffee, Perkins Restaurant (Design), Perkins Restaurant & Bakery (Design), Perkins Restaurant and Bakery (Double Oval Design), Bottomless Cup of Coffee, Perkins Restaurant (Double Oval Design), Magnificent Seven, Perkins Promise, Mammoth Muffin, Tremendous Twelve, Perkins Take Home Bakery, Perkins Bakery, Lunch in a Flash, Morning Sunrise and Kid Perks. In addition, Perkins & Marie Callender’s, LLC claims common law rights in the following: Granny’s Country Omelet, Chocolate Chipper Sundae, Fudge Flattop, Bottomless Cup of Hot Tea, “P” in script, Bottomless Glass of Iced Tea.
Unauthorized use of the registered logos, copyrights, pictures, designs, names or phrases is prohibited by law. All other trademarks used herein are the property of the respective trademark owner.
Submissions
Any unsolicited suggestions for product improvements, new product ideas, marketing ideas, or other information communicated to PMCI through this site (together, “Submission”) will be treated as non-proprietary and non-confidential and will forever be the property of PMCI for use without compensation in its sole and unlimited discretion. PMCI will not be liable for any Submissions and will not incur liabilities for any similarities that may appear in future operations performed by PMCI, its related, affiliated or subsidiary companies. You acknowledge that you are responsible for your Submission, and you, not PMCI will have full responsibility for the Submission, including its legality, reliability, appropriateness, originality and copyright.
Limitation of Liability and Disclaimer of Warranties
PMCI makes no representations or warranties as to the completeness or accuracy of any of the information contained on this website, and makes no commitment to update such information. The contents of this website are provided AS IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY, OR NON-INFRINGEMENT. NEITHER PMCI NOR ITS DIRECTORS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THIS WEBSITE OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THIS WEBSITE, EVEN IF THERE IS NEGLIGENCE BY PMCI, ITS AGENTS OR CONTRACTORS, OR AN AUTHORIZED PMCI REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH AND REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY. IN NO EVENT SHALL PMCI’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION (IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
Choice of Law and Enforcement
Except to the extent governed by the United States Trademark Act of 1946 or other Federal law, the agreement created by your use of this website and any dispute arising out of or relating to your use of this website shall be governed and interpreted by the laws of the State of Tennessee without regard to its conflict-of-laws provisions.
Authorized Use
Except as described otherwise, all materials on the Perkins website are made available only to provide information about Perkins and its related or affiliated companies. PMCI controls and operates this website from its headquarters in Memphis, TN, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this website from other locations you are responsible for compliance with applicable local law.
Miscellaneous
If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this website for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of this website.
What Information Do We Gather About Our Online Visitors, And How Do We Use That Information?
We gather information through two means – navigational information gathered when you visit our website and information that you voluntarily provide to us. Generally, the information we collect online helps us respond to your requests, deliver requested services to or for you, and personalize and continually improve your experience at Perkinsrestaurants.com.
Navigational Information
When visiting our website, Perkinsrestaurants.com gathers navigational information about where visitors go on our website. This information allows us to see which areas of our website are most visited and thus, improve the quality of our visitors’ experience by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (for example, domain type, browser version, service provider, IP address) may be collected, which provides additional information regarding the use of our website, such as how many times a page on our website is visited. Perkinsrestaurants.com uses this information on an aggregate basis to evaluate the effectiveness of our website, to analyze trends and to administer the website.
If you complete a “Contact Us” form on our website, we may collect your name, e-mail address, phone number, mailing address and any information that you provide in the text of your message. Information provided in the “Contact Us” feature is only used to respond to your inquiries.
Depending upon which location guide feature you use on our website, we may ask you to provide your address and/or your destination address. This information is used to provide you with the location information you request. Perkinsrestaurants.com also uses this information on an aggregate basis to analyze trends and help us determine what store information is most frequently accessed by our visitors.
Perkinsrestaurants.com does not sell, rent or trade the information that you provide to us at this website. Perkins may provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.
As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any preexisting Privacy Policy (unless, of course, the customer consents otherwise). Also, in the event that Perkins or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
You should also be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our website, the site or the public.
Links
This website may be linked to other websites which are not maintained by Perkins. Perkins does not control and is not responsible for the content of any off-site pages or sites linked to this website. The inclusion of a link to any website does not imply affiliation with Perkins or endorsement by Perkins of the website. We urge you to review the privacy policies on each link to ensure that you are comfortable with their privacy policies and practices. Your linking off-site pages or other sites is at your own risk.
Gift Cards
Gift cards are issued by and represent an obligation of Perkins & Marie Callender’s, LLC They may be used at any participating Perkins Restaurant and Bakery at the time of payment. Each purchase will be deducted from the card balance at the time of payment. Except where required by law, a gift card is not redeemable for cash. The value of this card cannot be replaced if the card is lost, stolen, destroyed, altered, or used without your permission. Value on the cards does not expire and no dormancy fees will be charged in connection with the cards. The non-denominated gift cards are reloadable. If any valid applicable law or regulation of a governmental authority having jurisdiction over a gift card limits our rights or imposes other conditions, the terms governing the card shall be deemed amended to conform with such laws and regulations. The gift cards are redeemable in U.S. restaurants only. For gift card balance or customer service call toll free 1-800-225-5939.