Ribs & Meatloaf
Important: Please carefully read and understand these terms and conditions (“terms”). They contain an arbitration agreement, jury and class action waivers, limitations on Boston Market’s liability and other provisions that affect your legal rights.
By installing, accessing or using any websites, mobile apps, subscriptions, and other digital properties on which these terms are posted or referenced (together, “online services”), you are entering into a binding agreement with Boston Market Corporation ( “Boston Market”, “we” or “us”), which controls and operates the online services from its headquarters at 14103 Denver West Pkwy., Golden, CO 80401.
By accepting these terms, you also understand and consent to our Privacy Notice on bostonmarket.com, which is incorporated into, and part of, this agreement. Our Privacy Notice describes how we collect, use and share information.
By accepting these terms, you understand and agree that, as stated in Section 10, you are waiving your right to resolve any dispute through other processes that could be available to you, such as court actions or administrative proceedings. It also means that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
The online services are not intended to be used by, or targeted to, anyone under the age of 13 years old. You must be at least 13 years old to use the online services. If you are at least 13 years old but not yet 18 years old (or the legal age of majority if different in your state), then you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
If you or your parent or guardian do not agree to these terms, then you must immediately stop using the online services and request that Boston Market close any online services account that you have created. You can request account deletion by sending an email to email@example.com identifying the email address of the account that you want deleted.
Availability of products and services.
Boston Market products and services are available throughout the United States. However, the online services may describe products and services that are not available in all restaurants.
Follow the Rules.
Whenever you use the online services, you must follow all applicable rules and regulations. You must not use the online services while driving or while behind the wheel or controls of a vehicle that is moving or not in “park”. In the interest of safety at all times, you should only use the online services when it is lawful and safe to do so.
You are responsible for your devices and accounts.
You are responsible for any devices, software and services needed to use the online services. Boston Market does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and using only the authorized operating system (e.g., Apple iOS for Apple devices). If you create an online services account, you are responsible for keeping the account secure and for all activity under the account. You can only use one online services account and must keep your account information accurate at all times.
Boston Market right to update or terminate the online services.
You understand and consent that (with or without notice) Boston Market may update, modify or terminate the online services (or your access to them) from time to time, including by pushing updates to (or removing functionality or access from) any Boston Market mobile app that you have installed on your device.
Updates to these terms.
Boston Market may also update these terms at any time and at its sole discretion. If Boston Market makes material changes to the terms, we will notify you by any reasonable means such as by posting the new terms in the online service. If you do not agree to the changed terms, then you must immediately stop using the online services and request that Boston Market close any online services account that you have created. To close your account, you can visit bostonmarket.com or email us at firstname.lastname@example.org .
Links to job opportunities from the online services.
While job openings are identified as part of the online services, the process of applying for a job is conducted on a separate website(s) not subject to these Terms and conditions. Boston Market is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status or Vietnam-era Veteran status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. Boston Market encourages all qualified applicants to apply. Boston Market has no responsibility for the hiring practices of its franchisees.
How to contact us.
If you have any questions or comments regarding the online services, please see the Contact Us section in the online services or you can always visit bostonmarket.com or email email@example.com
Boston Market Privacy Statement.
These terms incorporate Boston Market Privacy Notice as part of the terms. Our Privacy Statement describes our information practices, including how we collect, use and share information.
How we communicate with you.
Through the online services, you may opt in to receive emails, text messages to the mobile number you provide to us or push notifications from Boston Market. When you opt in to any of these types of communications, you understand and consent that that you will receive marketing, transactional and other messages from Boston Market. Boston Market may use the information you have provided to us to communicate with you in accordance with Boston Market Privacy Notice. If a phone number is opted in, and not opted out, we may rely upon that opt in, no matter who possesses, uses or operates the phone to which that number is attached.
Opting out of communications generally.
You have a choice in how we communicate with you. You can generally find your communication preferences with instructions on how to opt out in the profile section of the online service that you use. You may also have the ability to change your communication preferences using your device settings. In addition, our communications themselves may include the opportunity to opt out. You understand and agree that you may need to separately manage your communication preferences for each communication method and each device. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. While we do our best to offer convenient methods for you to manage your communications preferences, you may need to separately adjust your preferences for each online service. Please note that for some account-related and transactional communications, the only way to stop receiving these communications may be to close your online services account. Lastly, please note that if you are receiving communications from a Boston Market franchisee, then you will need to opt out from them directly.
Additional information on text messages.
When you opt in to any of our text message programs, you understand that such text message programs are separately governed by Boston Market Text Messaging Program Terms & Conditions. You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. If you wish to withdraw your consent and unsubscribe, please text STOP to 67794 or visit www.bostonmarket.com or email us at firstname.lastname@example.org. You may also opt out through our mobile app. For more information, please visit Boston Market Text Messaging Program Terms & Conditions.
This section applies to any orders you place using the online services. Please read this section before you send any orders to restaurants using the online services. Please note that ordering may not be available in all online services.
The purpose of ordering using the online services is to provide customers with a convenient way of placing orders for menu items in advance and submitting their orders to a participating restaurant. The online services may not accept all orders placed at certain times of year including the week of Thanksgiving. You must register an online services account in order to use ordering. Before you submit an order, you must register a credit card (a “payment card”) to use with your orders. Not all restaurants may choose to make their menu items available via online ordering. You may need to enable location services on your device in order for ordering to function properly.
Your payment method.
Boston Market uses third party providers to process your payments. You understand and agree that, if you register a payment card, Boston Market or its third party providers, may verify that the payment card you registered is valid. You represent and warrant that you are of sufficient age and have all legal rights to use all payment cards you use.
About the products in the online services.
All products are subject to availability at the restaurant where you collect your order. Some restaurants do not sell all products. Images of products and packaging on the online services are examples only and may not be identical to the product or packaging you receive from a restaurant. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.
About the prices in ordering.
Pricing may vary by location. Certain offers and pricing may not be available for all orders at all locations. In the event you discover an error in the price of a product charged to you, please contact the restaurant where you purchased the product to seek a refund of the difference.
You have the possibility of receiving deals through the online services. The following general terms apply to the deals:
Delivery of Boston Market menu items may be available through certain authorized online services. Delivery may not be available at all times from all restaurants, and delivery fees may apply. This section applies to delivery of Boston Market menu items or products, as well as delivery orders placed using the online services, or through an authorized third-party delivery service like GrubHub, DoorDash, Amazon, UberEats, Postmates or any other delivery service that might bring our food to you (collectively our “Delivery Partners”, and individually a “Delivery Partner”) . Boston Market has no control over delivery or other services provided through delivery or order placement services with whom Boston Market has no contractual relationship, or who are otherwise not authorized to make deliveries of Boston Market menu items.
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, or errors by or on the part of any Delivery Partner or their app, and/or errors in the order, or failure of a payment to process. Failure of a payment method to process relieves Boston Market or any responsibility to fill that order. Once a properly completed order is received, authorization of your form of payment is received and confirmed, and we have accepted your order, we will begin preparing your order for delivery.
For deliveries by our Delivery Partners, 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 Delivery Partner delivery fees 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. You further agree that any and all claims arising from any difference in delivery fees quoted and actual delivery fees charged are the sole responsibility of our Delivery Partners, and you agree to hold harmless Boston Market for such differences.
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 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 to accept delivery 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, and that Boston Market is not responsible for any delay in delivery, or failure to deliver, by our Delivery Partners.
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 use any Boston Market item that is part of your order for commercial purposes.
Boston Market intellectual property ownership.
Any and all rights in the online services are and shall remain the exclusive property of Boston Market or its licensors. For purposes of clarity, “online services” includes any and all content on the online services, such as, but not limited to, text, images, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed, not sold, to you. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You may not take any action to jeopardize, limit or interfere with Boston Market or its licensors’ rights.
Your license to use the online services.
Subject to these terms, you are granted a personal, non-exclusive, non-transferable and revocable license to use the online services solely for your own personal, non-commercial purposes and solely in accordance with these terms. For purposes of clarity, “Use” includes access, interact with, and display. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights these terms expressly grant to you. Boston Market reserves all other rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are distinctive and protected trademarks or trade dress of Boston Market or its licensors. The online services may also contain various third-party names, trademarks, and service marks that are the property of their respective owners.
Some online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints or other information posted or communicated to Boston Market through the online services (together, “submissions”). You understand that by submitting any information to Boston Market through the online services, you grant Boston Market a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. Boston Market will not be required to treat any submissions as confidential.
It is Boston Market policy not to consider unsolicited ideas. While we appreciate you taking the time to consider Boston Market, we’re unable to review new ideas from outside the Boston Market system. You expressly waive any and all claims against Boston Market and all other Members of the Boston Market System in connection with Boston Market consideration, use or development of any product, design, concept or other materials similar or identical to your submission now or in the future.
Boston Market will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to Boston Market at: Boston Market Corporation, 14103 Denver West Pkwy., Golden, CO 80401, Attn: Legal Deptmt-DMCA copyright administrator, or by email to email@example.com
What to include in your infringement notice.
Please include the following information in your notice to us, along with your full name, address, telephone number and email address:
If Boston Market receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. Boston Market may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the online services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.
Acceptable uses and other restrictions.
With respect to the online services (which includes content), you may not, and may not allow third parties, to:
Disclaimer of Warranties and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ONLINE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE ONLINE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE ONLINE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE ONLINE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. BOSTONMARKET, ITS OWNERS, SUPPLIERS AND FRANCHISEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE ONLINE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE ONLINE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BOSTON MARKET’S RECORDS, PROGRAMS OR ONLINE SERVICES. IN NO EVENT SHALL BOSTON MARKET’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE ONLINE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.
Boston Market provides the 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 or 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 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. Boston Market has no responsibility arising from or related to these third party services.
Events beyond our control.
Boston Market has no responsibility for Boston Market’s failure to perform any of its obligations under these terms cause 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: