These Terms contain provisions governing dispute resolution, including an agreement to resolve most disputes through individual binding arbitration, a waiver of the right to a jury trial, and a waiver of participation in class or representative proceedings.

Please read these Terms carefully.

Acceptance of These Terms

These Terms & Conditions, referred to as the “Terms,” form a legally binding agreement between you and [INSERT EXACT LEGAL ENTITY], doing business as Boston Market, together with its applicable affiliates and subsidiaries, referred to collectively as “Boston Market,” “we,” “our,” or “us.”

These Terms govern your access to and use of:

• Bostonmarket.com and any other Boston Market website linking to these Terms.

• Boston Market online ordering and catering services.

• Boston Market member accounts and dashboards.

• Boston Market rewards, promotional, and membership programs, including Rotisserie Gold if offered.

• Boston Market email and text-message programs.

• Digital coupons, promotions, surveys, contests, and sweepstakes.

• Restaurant-location, menu, customer-service, and related digital features.

• Any other website, platform, communication, or digital service that links to these Terms.

These websites, programs, features, and services are collectively called the “Services.”

By accessing or using the Services, creating an account, placing an order, selecting a checkbox indicating acceptance, or otherwise agreeing to these Terms, you confirm that you have read, understood, and agreed to be bound by them.

If you do not agree to these Terms, you must not access or use the Services.

Additional Terms

Certain products, offers, programs, or Services may be governed by additional terms, including:

• Promotion or coupon conditions.

• Rewards or membership-program rules.

• Gift-card terms.

• Catering agreements.

• Sweepstakes or contest rules.

• Text-message program terms.

• Third-party ordering or delivery terms.

• Restaurant-specific conditions.

• Employment-application terms.

Those additional terms are incorporated into these Terms by reference.

If additional terms conflict with these Terms, the additional terms will control solely with respect to the applicable product, promotion, program, or Service.

Our Privacy Policy and Cookie Policy also apply to your use of the Services.

Changes to These Terms

We may update these Terms from time to time to reflect changes in our Services, business practices, technology, or legal obligations.

When we make changes, we will publish the updated Terms and revise the “Last Updated” date. We may provide additional notice when required by law or when a change materially affects your rights.

Changes will apply prospectively from the date stated in the updated Terms unless applicable law permits otherwise.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes. If you do not agree to an update, you must stop using the Services.

Material changes to the arbitration agreement will be handled as described in the Dispute Resolution section.

Eligibility

The Services are intended for individuals who are at least thirteen years old.

If you are under the age of legal majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf.

You must be legally capable of entering into a binding agreement to place an order or complete a transaction.

If you use the Services on behalf of a company, school, nonprofit organization, government entity, or another organization, you represent that you have authority to bind that organization to these Terms.

The Services are intended primarily for users located in the United States. We do not represent that the Services are appropriate or available in every location.

Member Accounts

Certain Services may require you to create a Boston Market member account.

When creating or maintaining an account, you agree to:

• Provide accurate, current, and complete information.

• Keep your account information updated.

• Maintain the confidentiality of your password and login credentials.

• Use your account only for lawful, personal purposes.

• Notify us promptly if you suspect unauthorized account access.

• Accept responsibility for activities conducted through your account, except where prohibited by law.

You may not:

• Create an account using false or misleading information.

• Impersonate another person or organization.

• Use another person’s account without permission.

• Sell, transfer, license, or share your account.

• Create multiple accounts to misuse promotions or rewards.

• Use automated methods to create or access accounts.

• Attempt to bypass authentication or account-security measures.

We may require identity or security verification when you log in, change account information, redeem an offer, or engage in activity that appears unusual.

We may suspend, restrict, or close an account if we reasonably believe it has been compromised, misused, created fraudulently, or used in violation of these Terms.

Online Orders

The Services may allow you to place orders for pickup, delivery, catering, gift cards, or other products from participating Boston Market locations.

Submitting an order does not guarantee acceptance. An order becomes accepted when the applicable restaurant or ordering provider confirms that the order will be prepared or fulfilled.

We may reject or cancel an order because of:

• Product or ingredient unavailability.

• Restaurant closure or operating limitations.

• Incorrect pricing or menu information.

• Suspected fraud or unauthorized payment.

• Technical errors.

• Delivery limitations.

• Quantity restrictions.

• Safety or security concerns.

• Events outside our reasonable control.

If we cancel an order after payment has been authorized or collected, an appropriate refund or reversal will be issued using the original payment method, subject to payment-provider processing times.

Orders are intended for personal consumption or legitimate business catering. You may not purchase Boston Market products for unauthorized resale or commercial redistribution.

Prices, Taxes, and Fees

Prices may vary by restaurant, location, fulfillment method, ordering platform, or delivery provider.

The price shown on a third-party delivery platform may differ from the price offered:

• In a Boston Market restaurant.

• On the Boston Market website.

• Through another ordering platform.

• For pickup rather than delivery.

• For catering rather than individual orders.

Applicable taxes, delivery charges, service fees, tips, catering charges, minimum-order amounts, and other fees will be disclosed during checkout when reasonably practicable.

You agree to pay the total amount displayed before submitting your order.

Menu, price, or promotional errors may occasionally occur. We reserve the right to correct an error and cancel or adjust an affected order, subject to applicable law.

Payment Authorization

By submitting payment information, you represent that:

• You are authorized to use the selected payment method.

• The information you provide is accurate.

• You authorize the applicable merchant, restaurant, payment processor, or ordering provider to charge the displayed total.

• You are responsible for charges resulting from authorized use of your account or payment method.

Payment information may be processed by third-party payment providers. Their terms and privacy practices may also apply.

Your payment statement may identify Boston Market, the participating restaurant, the ordering provider, or another authorized merchant of record.

We may use fraud-prevention tools and may request additional verification before accepting or fulfilling an order.

Pickup Orders

You are responsible for:

• Selecting the correct restaurant location.

• Reviewing the order before submission.

• Arriving during the stated pickup period.

• Providing information reasonably necessary to identify the order.

• Safely transporting and storing the food after pickup.

Estimated preparation times are provided for convenience and are not guaranteed.

Orders not collected within a reasonable period may be discarded for food-safety reasons and may not be eligible for a refund.

Delivery Orders

Delivery may be provided by Boston Market, a participating restaurant, or an independent third-party delivery provider.

You are responsible for providing:

• A complete and accurate delivery address.

• Appropriate building, apartment, gate, or access instructions.

• A working telephone number.

• A safe and lawful delivery location.

• Any information reasonably needed to complete delivery.

Delivery times are estimates and may be affected by traffic, weather, restaurant volume, driver availability, technical issues, or other circumstances.

Boston Market is not responsible for delays, failed deliveries, or losses caused by an incorrect address, unavailable recipient, inaccessible property, unsafe conditions, or inaccurate delivery instructions.

A third-party provider’s terms and policies may apply when that provider processes or completes delivery.

Catering Orders

Catering orders may be subject to additional conditions relating to:

• Minimum purchase amounts.

• Deposits.

• Advance notice.

• Menu availability.

• Delivery and setup.

• Equipment or serving supplies.

• Cancellation deadlines.

• Refund eligibility.

• Taxes and service charges.

The applicable restaurant or catering representative may provide a separate quote or agreement. That document will control if it conflicts with these Terms regarding the specific catering order.

You are responsible for providing accurate event, guest-count, delivery, and contact information.

Cancellations, Changes, and Refunds

Because food preparation may begin soon after an order is placed, cancellation or modification may not be available once preparation has started.

Refund eligibility depends on the circumstances, applicable law, restaurant policy, payment status, fulfillment method, and the involvement of third-party ordering or delivery providers.

Requests concerning an order should be directed promptly to:

• The restaurant that fulfilled the order.

• The ordering platform used.

• The delivery provider involved.

• Boston Market customer support, where applicable.

Submitting a request does not guarantee a refund.

Approved refunds will generally be returned to the original payment method. Processing times are controlled partly by payment providers and financial institutions.

Nothing in this section limits refund or cancellation rights that cannot lawfully be waived.

Menu Availability

Menus, recipes, portion sizes, packaging, prices, hours, and product availability may differ by location and may change without notice.

Not every restaurant:

• Carries every menu item.

• Participates in every promotion.

• Offers delivery or catering.

• Operates during the same hours.

• Accepts the same payment methods.

• Supports every digital feature.

Images are presented for illustrative purposes. Actual products may differ in appearance, presentation, ingredients, packaging, or portioning.

We may limit quantities or discontinue products at any time.

Nutrition and Allergen Information

Nutrition, ingredient, and allergen information is provided for general informational purposes.

Actual values may vary because of:

• Ingredient substitutions.

• Supplier changes.

• Seasonal availability.

• Preparation methods.

• Portion variation.

• Recipe updates.

• Restaurant-level practices.

• Customer-requested modifications.

Boston Market restaurants handle common food allergens. Cross-contact may occur during storage, preparation, cooking, packaging, or delivery.

We do not guarantee that any menu item is completely free from a particular allergen or ingredient.

Customers with food allergies or medical dietary requirements should review available ingredient information and speak directly with restaurant personnel before ordering.

Online order notes are not a substitute for direct communication regarding a serious food allergy.

Nutrition or menu information does not constitute medical, dietary, or professional health advice.

Food Handling

Prepared food is perishable and should be consumed, refrigerated, reheated, or discarded according to appropriate food-safety practices.

Once an order has been picked up, delivered, or otherwise transferred to you, you are responsible for proper transportation, storage, handling, reheating, and consumption.

Do not consume food that appears spoiled, contaminated, damaged, improperly stored, or unsafe.

Promotions, Coupons, and Offers

Promotions, coupons, discounts, and special offers may be subject to additional restrictions, including:

• Participating locations.

• Eligible menu items.

• Minimum purchase amounts.

• Redemption periods.

• One-time or limited use.

• Account or membership requirements.

• Pickup, delivery, catering, or in-restaurant restrictions.

• Geographic limitations.

• Quantity limits.

• Excluded taxes or fees.

• Restrictions on combining offers.

Unless otherwise stated, offers have no cash value, may not be reproduced or resold, and may not be combined with other discounts.

We may reject, cancel, or revoke an offer that has been altered, duplicated, transferred, obtained fraudulently, or used in violation of its terms.

Promotions are void where prohibited by law.

Membership and Rewards Programs

Boston Market may offer membership, loyalty, rewards, or promotional programs, including Rotisserie Gold or a successor program.

Participation may require a registered account and may be subject to separate program rules.

Unless separate rules expressly state otherwise:

• Rewards are promotional and do not constitute cash or property.

• Rewards may not be sold, transferred, or exchanged for cash.

• Rewards may expire as disclosed.

• Rewards may be limited to participating locations or eligible purchases.

• Rewards may be corrected or removed if issued in error or obtained through misuse.

• Accounts may be suspended for fraud, abuse, or manipulation.

• Program features may be modified, suspended, or discontinued as permitted by law.

Ending a program does not affect rights that cannot lawfully be waived.

Gift Cards

If Boston Market offers physical or electronic gift cards, separate gift-card terms may apply.

Gift cards may not be redeemed for cash except where required by law. Lost, stolen, damaged, or unauthorized gift cards may not be replaced unless required by law or supported by adequate proof of purchase.

Gift cards must not be used for unauthorized resale, fraud, money laundering, or other unlawful activity.

Email Communications

You may subscribe to Boston Market emails, including Market Insider communications, promotional offers, restaurant news, and account updates.

You may unsubscribe from promotional emails by using the unsubscribe link included in the message.

Unsubscribing from promotional email does not prevent Boston Market from sending non-promotional communications concerning:

• Orders.

• Account security.

• Password changes.

• Customer-service requests.

• Legal notices.

• Other transactions.

You are responsible for keeping your email address current.

Text Messages

When Boston Market offers a text-message program, you may receive marketing or transactional messages after providing the consent required by law.

Consent to promotional text messages is not a condition of purchasing Boston Market products.

Message and data rates may apply. Message frequency may vary.

You may withdraw consent to promotional messages by replying STOP or following the instructions in the message. You may request assistance by replying HELP where supported.

Mobile carriers are not responsible for delayed or undelivered messages.

You remain responsible for notifying Boston Market if the telephone number associated with your account changes or is reassigned.

Electronic Communications

By using the Services, you consent to receive agreements, disclosures, receipts, notices, and other communications electronically, subject to applicable law.

Electronic communications may be provided through:

• Email.

• Text message.

• Account notifications.

• Website postings.

• Order-confirmation pages.

• Other electronic methods.

You agree that electronic communications satisfy legal requirements that communications be provided in writing, except where applicable law requires another method.

Restaurant Operators

Some Boston Market restaurant locations or services may be owned, managed, licensed, franchised, or operated by separate legal entities.

Where applicable, the restaurant operator may be independently responsible for:

• Restaurant operations.

• Food preparation.

• Hiring and employment.

• Local promotions.

• Order fulfillment.

• Customer service.

• Local legal compliance.

The identity of the applicable restaurant or merchant may be shown during checkout, on your receipt, or in an order confirmation.

Nothing in these Terms creates an employment, agency, partnership, or joint-venture relationship between you and Boston Market.

Employment Opportunities

Job listings are provided for informational purposes and do not constitute an offer or guarantee of employment.

Applications may be processed by:

• Boston Market.

• An independently operated restaurant.

• A recruiting platform.

• A background-screening provider.

• Another authorized employment-service provider.

Employment decisions may be made by the particular entity advertising the position.

Additional applicant notices, employment terms, and privacy disclosures may apply.

The Services and their contents are owned by or licensed to Boston Market and are protected by copyright, trademark, trade-dress, patent, and other intellectual-property laws.

Protected materials may include:

• The Boston Market name and logos.

• Restaurant and product names.

• Menu descriptions.

• Photographs and videos.

• Website designs.

• Text and graphics.

• Recipes and proprietary materials.

• Software and source code.

• Promotional materials.

• Icons, layouts, and interfaces.

• Other brand elements.

Subject to these Terms, Boston Market grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, noncommercial purposes.

No ownership rights are transferred to you.

You may not copy, reproduce, modify, distribute, display, publish, sell, license, create derivative works from, or commercially exploit protected materials without prior written permission.

You may not use Boston Market trademarks in a manner that suggests sponsorship, endorsement, affiliation, or authorization where none exists.

User Content and Feedback

The Services may allow you to submit comments, photographs, reviews, messages, suggestions, ideas, survey responses, social-media content, or other materials, referred to as “User Content.”

You retain ownership of rights you hold in your User Content.

By submitting User Content to Boston Market, you grant Boston Market and its authorized partners a non-exclusive, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from that content for purposes relating to:

• Operating the Services.

• Responding to you.

• Improving products or services.

• Marketing and advertising.

• Public relations.

• Training.

• Internal business operations.

This license continues for as long as reasonably necessary for those purposes, subject to applicable law and any specific written agreement.

You represent that:

• You own or control the necessary rights.

• The content is accurate to the best of your knowledge.

• The content does not infringe another person’s rights.

• The content does not violate law.

• Any individuals depicted have provided necessary permission.

• The content does not contain confidential information you lack authority to disclose.

Feedback, ideas, and suggestions submitted without a separate confidentiality agreement may be used without compensation or obligation to you.

We are not required to publish, maintain, or respond to User Content.

Acceptable Use

You may not use the Services to:

• Violate any law, regulation, court order, or legal right.

• Commit fraud or submit unauthorized transactions.

• Impersonate another person or misrepresent an affiliation.

• Access another user’s account without authorization.

• Obtain or attempt to obtain passwords or security credentials.

• Interfere with the operation or security of the Services.

• Introduce malware, malicious code, or harmful technology.

• Circumvent access controls or usage restrictions.

• Test system vulnerabilities without written authorization.

• Scrape, crawl, index, harvest, or extract data through automated means without permission.

• Use bots to obtain reservations, offers, rewards, products, or promotional benefits.

• Manipulate rewards, promotions, discounts, reviews, or referral programs.

• Reverse engineer, decompile, or attempt to obtain source code.

• Overload or disrupt servers, networks, or infrastructure.

• Collect personal information about others without authorization.

• Submit unlawful, threatening, deceptive, defamatory, obscene, or infringing material.

• Use the Services for unauthorized commercial solicitation.

• Resell Boston Market accounts, rewards, coupons, or products without authorization.

• Assist another person in prohibited conduct.

We may investigate suspected violations and cooperate with law enforcement or regulators where appropriate.

Third-Party Services

The Services may use or link to third-party platforms for:

• Authentication.

• Online ordering.

• Delivery.

• Payment processing.

• Maps and location services.

• Customer support.

• Gift cards.

• Recruiting.

• Social media.

• Analytics.

• Advertising.

• Communications.

Third-party services are governed by their own terms and privacy policies.

Boston Market does not control and is not responsible for the availability, security, accuracy, content, or independent practices of third-party services.

A link or integration does not necessarily mean Boston Market endorses the third party.

You use third-party services at your own discretion and subject to any non-waivable rights under applicable law.

Privacy

Our collection, use, disclosure, and protection of personal information are described in the Boston Market Privacy Policy.

Our use of cookies and similar technologies is described in the Boston Market Cookie Policy.

These policies are incorporated into these Terms by reference but do not reduce any privacy rights provided by applicable law.

Service Availability

We aim to maintain reliable Services but do not guarantee uninterrupted availability.

The Services may be delayed, restricted, suspended, or unavailable because of:

• Maintenance.

• Technical failures.

• Cybersecurity incidents.

• Internet or telecommunications outages.

• Restaurant closures.

• Weather.

• Natural disasters.

• Labor disruptions.

• Supply shortages.

• Government action.

• Public-health events.

• Events outside our reasonable control.

We may modify, suspend, replace, or discontinue part or all of the Services at any time, subject to applicable law.

We are not obligated to support any particular device, browser, operating system, ordering provider, payment method, or feature indefinitely.

Suspension and Termination

We may suspend, restrict, or terminate your access to the Services if we reasonably believe that:

• You violated these Terms.

• Your activity is fraudulent, abusive, or unlawful.

• Your account creates a security risk.

• Your conduct may harm Boston Market, a restaurant, another user, or a third party.

• Suspension is necessary to comply with law.

• A program or Service has been discontinued.

Termination does not relieve you of payment or other obligations arising before termination.

Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, disclaimers, liability, indemnification, and dispute resolution.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DIGITAL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

BOSTON MARKET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF:

• MERCHANTABILITY.

• FITNESS FOR A PARTICULAR PURPOSE.

• TITLE.

• NON-INFRINGEMENT.

• ACCURACY.

• AVAILABILITY.

• SECURITY.

• QUIET ENJOYMENT.

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

• DEFECTS WILL ALWAYS BE CORRECTED.

• INFORMATION WILL ALWAYS BE COMPLETE OR CURRENT.

• EVERY PRODUCT WILL BE AVAILABLE.

• EVERY RESTAURANT WILL PARTICIPATE IN EVERY SERVICE OR OFFER.

• THE SERVICES WILL BE FREE FROM HARMFUL CODE.

• THE SERVICES WILL MEET EVERY USER’S EXPECTATIONS.

THIS DISCLAIMER DOES NOT EXCLUDE WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE DISCLAIMED.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOSTON MARKET AND ITS AFFILIATES, RESTAURANT OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO:

• YOUR USE OR INABILITY TO USE THE SERVICES.

• LOST DATA.

• LOST PROFITS OR REVENUE.

• BUSINESS INTERRUPTION.

• UNAUTHORIZED ACCOUNT ACCESS.

• THIRD-PARTY SERVICES.

• DELIVERY DELAYS.

• WEBSITE OR ORDERING ERRORS.

• RELIANCE ON DIGITAL CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BOSTON MARKET PARTIES FOR A CLAIM RELATING TO A PURCHASE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE TRANSACTION GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS.

These limitations apply regardless of whether the claim is based on contract, tort, negligence, strict liability, warranty, statute, or another legal theory, and regardless of whether the possibility of damages was disclosed.

Some jurisdictions do not permit certain liability exclusions or limitations. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability arising from fraud, willful misconduct, gross negligence, or personal injury where such exclusion is prohibited.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Boston Market and its affiliates, restaurant operators, officers, directors, employees, agents, licensors, contractors, and service providers from claims, liabilities, damages, judgments, losses, and reasonable costs arising from:

• Your violation of these Terms.

• Your unlawful or unauthorized use of the Services.

• Your User Content.

• Your infringement of another person’s rights.

• Fraudulent activity conducted through your account.

• Your violation of applicable law.

Boston Market may control the defense of a covered claim. You agree to provide reasonable cooperation.

This provision does not require indemnification for conduct that cannot lawfully be assigned to you.

Force Majeure

Boston Market will not be liable for a delay or failure caused by circumstances beyond its reasonable control, including:

• Severe weather.

• Natural disasters.

• Fire.

• Flood.

• Public-health emergencies.

• Government action.

• Labor disputes.

• Transportation interruptions.

• Supply-chain shortages.

• Utility or telecommunications failures.

• Cyberattacks.

• Civil unrest.

• War or terrorism.

• Acts or omissions of third-party providers.

This provision does not limit rights that cannot lawfully be waived.

Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written permission from Boston Market.

Boston Market may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, transfer of a business operation, or similar transaction.

Entire Agreement

These Terms, together with incorporated policies and applicable additional terms, constitute the entire agreement between you and Boston Market regarding the Services.

They replace prior oral or written agreements concerning the same subject matter.

No Third-Party Beneficiaries

Except for Boston Market affiliates, restaurant operators, licensors, contractors, and service providers protected by the liability, warranty, indemnification, and dispute provisions, these Terms do not create enforceable rights for any third party.