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DELIVERY

This section applies to Delivery of Boston Market Products. These terms govern the purchase and delivery of Boston Market menu items from, and the placing of orders on, our website, through our mobile application (“app”) or through a delivery service like GrubHub, DoorDash, Amazon, Postmates or any other delivery service that might bring our food to you (collectively our “Delivery Partners”, and individually a “Delivery Partner”) .

Delivery Services. Boston Market wants to make our great food available to you wherever and whenever you want it. To do that, we offer delivery through our website, app and through delivery partners (GrubHub, DoorDash, Amazon, Postmates and others) through their apps. Delivery services may not be available at all of our restaurants. All orders placed using our website, our app, or any Delivery Partner, are subject to availability and your acceptance of these Terms and Conditions.

Acceptance of order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion for any reason, including but not limited to lack of availability, errors on our website, our app, any Delivery Partner or their app, and/or errors in the order, or failure of a payment to process. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will begin preparing your order for delivery.

Pricing and Availability of Delivery. All prices are shown in U.S. dollars, and taxes, delivery, shipping and handling charges (if any) are additional. PRICES, PROMOTIONS AND OFFERS DISPLAYED THROUGH OUR DELIVERY PARTNERS OR FOR DELIVERY ON OUR WEBSITE OR APP ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR RESTAURANTS OR FOR PICK-UP. FOR EXAMPLE, SOMETIMES PRICES DISPLAYED THROUGH OUR DELIVERY PARTNERS OR FOR DELIVERY ON OUR WEBSITE OR APP WILL BE HIGHER THAN IN-RESTAURANT OR PICK-UP PRICES. We reserve the right to change prices, and prices may vary by area. You will be advised of any fees prior to checkout. At the present, you will not receive Rotisserie Rewards, or be able to redeem them, or redeem rewards, coupons or other promotions offered as a part of our delivery program. All of our menu items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain menu items at any time. You should contact the Delivery Partner who delivered your order if you have any issues.

The delivery fee quoted at checkout may be different than the actual delivery fee for your order. Differences may occur based on changing availability of drivers, changes in traffic, and other factors between the time your submit your order and the time your order is dispatched for delivery and are determined solely by our third party Delivery Partners. You agree to pay any such differences in delivery fee and that Boston Market is under no obligation to inform you of such changes before your payment method is charged for the actual prices, costs and/or delivery fee.

Rewards. Purchases made for delivery are not eligible to earn or accumulate any rewards, points or other incentives offered by Boston Market.

Deliveries. Once you place your order, you should be provided with an estimated delivery time. This time is only an estimate and your actual delivery time may be longer or shorter depending on a variety of factors including, among others, traffic, distance, availability of delivery services at any given time, and weather. You are responsible for inspecting all menu items you receive from us for any damage or other issues upon delivery. We, or our Delivery Partner, reserve the right to charge you the full order amount if you or your designated recipient is not at the designated delivery location when the delivery agent arrives to complete the delivery. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by Boston Market.

Cancellations; Refunds. You cannot make changes to, or cancel, a delivery order once it is placed. If you are dissatisfied with any menu time in your order, please contact us at bostonmarket.com/contact. We reserve the right, in our sole discretion, to issue a refund, or take no action.

Taxes. We will collect applicable sales tax on your order in the states for which we determine we have a duty to collect sales tax. If any order, or part thereof is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
No Resale. You are not permitted to resell or otherwise any Boston Market item that is part of your order for commercial purposes.

GENERAL

Limitations on Boston Market’s liability. NEITHER BOSTON MARKET, ITS OWNERS, AND ITS AND THEIR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES (THE “BOSTON MARKET SYSTEM”) , SHALL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT BOSTON MARKET’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY BOSTON MARKET’S OWN GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAW. Boston Market Corporation reserves all legal rights to recover damages or other compensation under these terms or as allowed by law.

Boston Market provides all online services “AS-IS” and without any warranties. The online services may include inaccuracies or errors. Boston Market PROVIDES THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. BOSTON MARKET DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BOSTON MARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATION THAT THE ONLINE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY RELATED TO YOUR USE OF THE ONLINE SERVICES. YOUR SOLE REMEDY AGAINST BOSTON MARKET AND ALL OTHER MEMBERS OF THE BOSTON MARKET SYSTEM FOR DISSATISFACTION WITH THE ONLINE SERVICES IS TO STOP USING THEM. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

Third party services. The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. Boston Market does not endorse and is not associated with any of these third party services. NEITHER BOSTON MARKET NOR ANY OTHER MEMBERS OF THE BOSTON MARKET SYSTEM HAVE ANY RESPONSIBILITY ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.

Events beyond our control. NEITHER BOSTON MARKET NOR ANY OTHER MEMBERS OF THE Boston Market SYSTEM HAVE ANY RESPONSIBILITY for BOSTON MARKET’S FAILURE TO PERFORM any of ITS obligations under these terms caused by or related to any event beyond Boston Market’s reasonable control. If such an event occurs, then Boston Market’s obligations under these terms will be suspended for the duration of the event; and Boston Market may, but is not required to, use reasonable endeavors to find a solution by which its obligations under these terms may be performed despite the event.

How we settle disputes. You agree that: (1) any claim or dispute (whether in contract, tort, or otherwise) you may have with Boston Market or any member of the Boston Market System arising from or related to the online services or these terms will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“rules and procedures”); (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held at a location determined by JAMS under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Boston Market or other members of the Boston Market System; (4) the arbitrator’s decision shall be based on these terms and any of the other agreements referenced herein that you may have entered into in connection with the online services; (5) the arbitrator shall apply Illinois law consistent with the FAA, and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) no claims shall be arbitrated on a class or representative basis as you and Boston Market hereby waive the right to assert claims in any class or representative action; arbitration will therefore only decide the individual claims of you and Boston Market; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and Boston Market under this provision; (7) you and Boston Market empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable; (8) in the event that the administrative fees, arbitrator fees and filing fees associated with the arbitration exceed $100 USD, Boston Market agrees to pay any such administrative, arbitrator and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Boston Market will pay as much of your fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) above is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Boston Market nor you shall be entitled to arbitrate their dispute. In such event, you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of Denver County, Colorado or the United States District Court for the District of Colorado. Further, BOTH YOU AND BOSTON MARKET AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. Finally, this arbitration provision is reciprocally binding on all parties, such that both you and Boston Market are required to arbitrate their claims against one another. For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS Website at http://www.jamsadr.com.