Terms and Conditions
Website Terms of Use
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE. Your use of this website or any mobile site or other domain or software application which Gunther Toody’s Diner (defined below) owns, operates, licenses or controls (the “Site”) will indicate your acceptance of these terms; do not use this Site if you do not agree to be bound by these terms. We may periodically change these terms, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms.
These terms of use contain provisions that limit our liability to you.
Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Gunther Toody’s Diner (defined below).
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT CAR 54 LLC, AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY “GUNTHER TOODY’S DINER”) ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT SNOOZE OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by Gunther Toody’s Diner or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Gunther Toody’s Diner’s express written consent. All rights not expressly granted are reserved.
PERSONAL USE
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Gunther Toody’s Diner, and that in the event of an unauthorized use Snooze shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
SUBMISSIONS AND USE OF THIS SITE
You agree not to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit materials that are unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
Gunther Toody’s Diner does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Gunther Toody’s Diner’s products or marketing strategies might seem similar to ideas submitted to Gunther Toody’s Diner. Please do not send your unsolicited ideas to Gunther Toody’s Diner or anyone at Gunther Toody’s Diner.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of Gunther Toody’s Diner without compensation to you or any other person or party; (2) Gunther Toody’s Diner will consider the submission to be non-confidential and non-proprietary; (3) Gunther Toody’s Diner shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) Gunther Toody’s Diner may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another. You agree to execute any documents required by Gunther Toody’s Diner to confirm such rights.
PRODUCT SALES AND AVAILABILITY
All prices displayed on this Site are in U.S. Dollars. Gunther Toody’s Diner reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
LINKS
Some embedded content or links on this Site will redirect you to sites not under the control of Gunther Toody’s Diner. The appearance of embedded content or a link on this Site does not imply Snooze’s support or endorsement, nor is Snooze responsible for the quality, content, nature or reliability of information found on any embedded content or linked site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk.
PRIVACY AND COOKIES
For detailed information about Gunther Toody’s Diner’s data collection and use practices, as well as the choices you have in relation to your personal information, please see our Privacy Policy. For further information on our use of cookies and other tracking technologies, please see our Cookie Policy
MODIFICATIONS TO THE SITE
Gunther Toody’s Diner reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Gunther Toody’s Diner will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
JURISDICTION
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of Colorado and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Gunther Toody’s Diner, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
DISCLAIMER
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, GUNTHER TOODY’S DINER MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Gunther Toody’s Diner does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Gunther Toody’s Diner is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors.
LIMITATION OF LIABILITY
GUNTHER TOODY’S DINER WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. GUNTHER TOODY’S DINER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF GUNTHER TOODY’S DINER IS NEGLIGENT OR IF GUNTHER TOODY’S DINER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL GUNTHER TOODY’S DINER BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. GUNTHER TOODY’S DINER’S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
SEVERABILITY
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
WAIVER
Failure or delay by Gunther Toody’s Diner to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Gunther Toody’s Diner of any provision shall be deemed to have been made unless made in writing.
CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Gunther Toody’s Diner Website or Mobile App.
Gift Cards Terms of Use
These Additional Terms, together with any additional terms on the Card, govern your use of Car 54 LLC gift cards (including physical and electronic gift cards (“eGift Cards”)) (“Gift Cards”), and Very Important Guest cards (“VIG cards”). Gift Cards and Very Important Guest Cards are sometimes referred to interchangeably and collectively as “Cards.” These Additional Terms supplement the Car 54 LLC Terms of Use, as well as any other additional terms identified by your use of the Cards, all of which are expressly incorporated herein by this reference.
These Additional Terms are between you (the “Cardholder”) and the issuer of the Card (“Issuer”). The Issuer shall be Car 54 LLC.
By purchasing, accepting, or using your Card, you agree to be bound by these Additional Terms, the Car 54 LLC Terms of Use, and any additional terms on the Card. The Issuer reserves the right to change these Terms and Conditions at any time and in its sole discretion. Any changes will be effective upon posting of the revisions and notice of such changes to the site. If there is a conflict between the terms set forth herein and the terms on a specific Card, these terms shall control. IF YOU DO NOT AGREE WITH THESE ADDITIONAL TERMS, GUNTHER TOODY’S DINER’S TERMS OF USE, OR ANY ADDITIONAL TERMS ON THE CARD, DO NOT PURCHASE, USE, OR ACCEPT THE CARD.
ABOUT YOUR CARD ISSUER
The Card is issued by Issuer, as defined above. Issuer is the sole legal obligor to the Cardholder. Car 54 LLC and its affiliates and related entities bear no responsibility or liability for any Card, and you hereby knowingly release Car 54 LLC, its affiliates and related entities (other than Issuer) from any and all liability or claims of any nature whatsoever arising in connection with the Card.
GIFT CARD CUSTOMER SUPPORT
If you need assistance with the purchase of your Gift Card, please contact Customer Support at contact@gunthertoodys.com or [Enter Phone Number.] Please have on hand your six-digit reference number or be ready to provide your email address.
PURCHASING GIFT CARDS & RECEIVING PROMOTIONAL CARDS
Gift Cards can be purchased at Gunther Toody’s Diner in Colorado, USA or online at https://gunthertoodys.com. Gift Cards are only valid if obtained from these distribution channels. Promotional Cards may be provided to you as a promotion in connection with the purchase of a Gift Card or in connection with another promotion at participating Car 54 LLC restaurants or online at https://gunthertoodys.com. Cards are not valid if obtained from unauthorized sellers or resellers, including through Internet auction sites. Cards are not debit or credit cards.
SENDING GIFT CARDS
You may send a Gift Card using various means including email, email self-delivery and physical mail. The Gift Card sender is responsible for ensuring that the email address or physical address for the Gift Card recipient is correct. Gunther Toody’s Diner is not responsible and has no liability for any eGift Card that is undeliverable, not received by the eGift Card recipient, or claimed by someone other than intended eGift Card recipient as a result of inaccurate information provided by the Gift Card sender.
BALANCE INQUIRY
For balance inquiry, (i) for a PIN-enabled Card, visit https://www.snoozeeatery.com/gift-card-balance, call 1-888-721-5493, or visit any participating SnoozeTown LLC restaurant, or (ii) for a non-PIN-enabled Card, contact us via our website or visit any participating SnoozeTown LLC restaurant. The balance you receive when inquiring over the telephone or online is an estimate only. In most cases, the balance is adjusted 24 hours after you make a purchase, but there may be occasions when the balance adjustment is delayed.
EXPIRATION/DEACTIVATION
Gift Cards do not expire, and no fees for inactivity or service fees apply to such Cards. The issuer reserves the right to refuse to honor any Card in the event of a disputed credit card charge, bounced check, or other failure of consideration.
REDEMPTION
Cards are redeemable only for purchases of in-restaurant or online order food, beverages, and other goods and services and related fees and charges, if any, identified by Car 54 LLC from time to time, and may be redeemed online at https://gunthertoodys.com, or at any Gunther Toody’s Diner location. Cards have no cash value and may not be redeemed for cash except as required by law. Cards are not redeemable to purchase another Card or towards previously purchased goods or services.
NO REFUNDS
All sales are final. Cards are not refundable or redeemable for cash unless required by law and may not be returned or canceled (e.g., in connection with a canceled order or otherwise).
LOST, DAMAGED, OR STOLEN CARDS
The value of any lost, damaged, or stolen Card, or any Card altered or used without authorization, will not be replaced or replenished, except in limited circumstances with proof of purchase. If you suspect someone has copied or stolen your Card, contact us immediately. Compromised Gift Cards will not be replaced without your confirmation. Subject to confirmation by the Merchant or Toast Tab, the remaining balance on a compromised Gift Card may be re-issued on a new Gift Card.
LIMITATIONS/RESTRICTIONS
The maximum value that can be associated with any one Gift Card is one thousand five hundred dollars ($1,500.00) and total purchases of Gift Cards for any one individual may not exceed (i) ten thousand dollars ($10,000.00) in one calendar day with respect to purchases of eGift Cards directly from Car 54 LLC on https://gunthertoodys.com, and (ii) one thousand five hundred dollars ($1,500.00) in one calendar day with respect to all other purchases of Gift Cards. Without the prior written consent of Car 54 LLC, Cards cannot be resold or transferred for value and such Cards are void if resold or transferred for value.
PRIVACY POLICIES
Information that you provide in connection with your purchase, or receipt, of a Card, is subject to the Privacy Policy of the authorized distributor where the Card was purchased or received.
GOVERNING LAW
The laws of the Commonwealth of Arizona, without regard to principles of conflict of laws, shall govern your use of the Card(s).
FRAUD/VIOLATION OF TERMS
Issuer reserves the right to refuse to honor a Card where Issuer suspects that (i) the Card was obtained fraudulently or (ii) the Card was obtained/used in violation of these Additional Terms, the Cat 54 LLC Terms of Use, or any additional terms on the Card. If your Card is rejected, please contact us via our website.
If there is a discrepancy, your Gift Card order may be delayed or held until the information can be verified. If the information cannot be adequately verified, your order may be canceled at the discretion of Buyatab.
CONTACT US
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described related to Gift Cards.
Club Toody’s Terms of Use
This Gunther Toody’s Diner “Toody Club” loyalty program (the “Program” as further defined below) is offered by Car 54 LLC and/or its subsidiaries, designees and affiliates (“we” or “us”). These Terms and Conditions (“Terms and Conditions”) apply only to the Program offered herein, and not to any other website, mobile program, product, service, or program offered by us. These Terms and Conditions are a legal and binding agreement between you and us governing your use of the Program, including its content, information, services, and features.
PLEASE READ THESE TERMS AND CONDITIONS, WHICH APPLY TO YOUR USE OF THE PROGRAM AND ENROLLMENT AND PARTICIPATION IN OUR LOYALTY PROGRAM. YOUR CONTINUED USE OF ANY PORTION OF ENROLLMENT IN OUR LOYALTY PROGRAM CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY US. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS AND CONDITIONS OR TO AUTOMATIC ENROLLMENT IN OUR PROGRAM AND/OR ENROLL IN OUR LOYALTY PROGRAM.
MODIFICATIONS
Additionally, we may at any time, for any reason, and without notice or liability: (1) modify, change, suspend or discontinue the loyalty Program or any portion thereof altogether or at any restaurant location(s); (2) change, revise, or modify requirements for earning a reward or tier; (3) change the Program structure or any feature of the loyalty Program; (4) interrupt Program operation for maintenance or support or any portion thereof for maintenance and support; and/or (5) impose limits on certain features and services or restrict access to the loyalty Program. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to the Program, or that operation of the Program will be uninterrupted or error free. You understand that usage of the Program may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Subject to these Terms and Conditions, at any time we reserve the right to terminate your account for any reason, including but not limited to account inactivity or a violation of the terms and conditions.
CONTENT & USE
The Program and all content, information, and other materials featured, displayed, contained, and available on the Program (collectively, the “Content“) are intended solely for your own individual, non-commercial use. Unless otherwise explicitly specified, the Program and Content are copyrights, trademarks, trade dress, patents, and/or other intellectual property owned, controlled or licensed by us or by third parties who have licensed their materials to us and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of the Program and the Content are the exclusive property of ours and are protected by U.S. and international copyright laws. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the Program or its Content.
You agree to always use the Program and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. We may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to the Program, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. You acknowledge and agree that you do not acquire any ownership or license rights by virtue of downloading the Program or any Content. All rights not expressly granted under these Terms and Conditions are expressly reserved to us.
PROGRAM
We offer the Toody Club Loyalty Program to reward and thank our loyal restaurant customers. The Program is available to enrolled members at participating Gunther Toody’s Diners in Colorado (while we’ll do our best to make clear to you which locations do and do not participate in the Program, that information may not always be clear to you, and it is your responsibility to inquire as to each location’s participation). Points accumulated under the Program are promotional and have no cash value. There are no membership fees associated with the Program.
Eligibility: You may enroll in the Program if you: (1) are a legal resident of the United States; (2) at least 18 years of age at the time you enroll (see restriction below); (3) have an active, valid email address and mobile phone number; (4) are a human being; (5) and are not a Gunther Toody’s Diner employee. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Program.
The Program is not targeted towards, nor intended for use by, anyone under the age of 18. If you are under the age of eighteen (18), you may continue to use or sign up for an app account, but you may not use any of its Program functionality, even under the supervision of your parent or legal guardian. In no event may you participate in the Program, or sign up for an app account if you are under the age of thirteen (13).
Enrollment/Loyalty Account: You can enroll in the Program and create a loyalty account (“Loyalty Account”) in one of the following ways:
Sign Up On Our Website
Your Loyalty Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others, or used for any commercial purposes. You may have only one (1) Loyalty Account. If we determine that you have created more than one (1) Loyalty Account, we may deactivate your Loyalty Account(s) at our discretion.
As a part of the Program, we will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the Program, email, SMS and/or any other ways you may have selected when you enrolled in the Program; at enrollment you will be auto-opted into e-mail communications to verify your account with the ability to then opt-out by using the unsubscribe link in the bottom of our e-mails. If your account contact information changes, it is your responsibility to change your account contact information including email address and phone number. If you already have an account for online ordering today, you will be automatically enrolled in the loyalty Program to earn rewards and are subject to these terms and conditions upon opening the app.
Your download of the Program for use on a mobile device constitutes your acknowledgment and acceptance that: (i) these Terms and Conditions is an agreement between you and us, and not the Program store provider (e.g., programle, Google) (“Program Store Provider”); (ii) the right to use the Program is non-transferrable and may only be operated by you pursuant to the Program Store Provider’s respective terms of use or service; (iii) we, not the respective Program Store Provider, are responsible for addressing any claims relating to the Program and a user’s possession or use of the Program, including but not limited to: (a) any product liability claims; (b) any claim that the Program fails to conform to any applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation; (iv) in the event of a third party’s claim of intellectual property right infringement relating to the Program, the Content, or the user’s possession or use of the Program, we, not the respective Program Store Provider, are solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim; and (v) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.