SITE OWNERSHIP
These Terms and Conditions of Use (the "Terms of Use") apply to the Todoroff web site located at www.todoroffs.com, all of its web pages, all other web sites and web pages located at www.todoroffs.com, and all associated sites linked to www.todoroffs.com by Todoroff, its subsidiaries and affiliates, including Todoroff sites around the world (collectively, the "Site"). The Site is the property of The Todoroff Group, LLC ("Todoroff"), Todoroff Foods Incorporated ("Todoroff"), and their licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
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AGREEMENT TO TERMS OF USE
Todoroff reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Todoroff grants you a personal, non–exclusive, non–transferable, limited privilege to enter and use the Site.
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RESTRICTIONS ON USE
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to Todoroff, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including "mirroring") to any other computer, server, Web site, or other medium for publication or distribution or for any commercial enterprise, without Todoroff express prior written consent.
You may not use any "deep–link", "page–scrape", "robot", "spider", or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. Todoroff reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Todoroff server, or to any of the services offered on or through the Site, by hacking, password "mining", or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look–up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other customer of Todoroff, including any Todoroff account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Todoroff's systems or networks, or any systems or networks connected to the Site or to Todoroff.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Todoroff on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Todoroff or others.
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USE OF DOCUMENTS AND PUBLICATIONS ON THE WEBSITE
You may use information on Todoroff products and services (such as FAQs, white papers, datasheets, press releases, applications, brochures, and similar materials) purposely made available by Todoroff for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for the intended personal or commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, (4) will not copy or distribute graphics separate from their accompanying text, (5) will not quote materials out of their context, (6) will display the below copyright notice and other proprietary notices on every copy that you make, (7) not make any additional representations or warranties relating to such documents, and (8) agree that Todoroff may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from Todoroff. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this website. Those elements of the website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the website may be copied or retransmitted unless expressly permitted by Todoroff.
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SUBMISSIONS
All remarks, suggestions, ideas, graphics, or other information communicated to Todoroff through this site (collectively the "Submission") will forever be the property of Todoroff. Todoroff will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Todoroff operations. Without limitation, Todoroff will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Todoroff will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not Todoroff, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Todoroff does not warrant or make any representation regarding the use of the materials contained in this site in terms of correctness, accuracy, reliability, or otherwise. The material in this site may include technical inaccuracies or typographical errors and Todoroff may make changes or improvements at any time.
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PURCHASES
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Todoroff's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Todoroff may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Todoroff makes no commitment to update the materials on the Site with respect to such products and services.
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LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Todoroff's control, and Todoroff is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
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NO WARRANTIES OR REPRESENTATIONS
TODOROFF DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR–FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS–IS" AND "AS–AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TODOROFF CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TODOROFF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TODOROFF DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY TODOROFF SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TODOROFF FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Todoroff reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non–routine maintenance, error correction, or other changes.
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LIABILITY LIMITATION
Except where prohibited by law, in no event will Todoroff be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Todoroff has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Todoroff is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Todoroff's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Todoroff, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
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INDEMNITY
You agree to indemnify and hold Todoroff, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees), made against Todoroff by any third party due to or arising out of or in connection with your use of the Site.
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VIOLATIONS OF THESE TERMS OF USE
Todoroff may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Todoroff's rights or property, or the rights or property of visitors to or users of the Site, including Todoroff's customers. Todoroff reserves the right at all times to disclose any information that Todoroff deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Todoroff also may disclose your information when Todoroff determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Todoroff may preserve any transmittal or communication by you with Todoroff through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Todoroff determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of Todoroff, its employees, users of or visitors to the Site, and the public.
You agree that Todoroff may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Todoroff, for which monetary damages would be inadequate, and you consent to Todoroff obtaining any injunctive or equitable relief that Todoroff deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Todoroff may have at law or in equity.
You agree that Todoroff may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Todoroff does take any legal action against you as a result of your violation of these Terms of Use, Todoroff will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Todoroff. You agree that Todoroff will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
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GOVERNING LAW AND DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jackson County, Michigan, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out–of–pocket expenses, except that the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between Todoroff and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
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VOID WHERE PROHIBITED
Todoroff administers and operates the www.todoroffs.com Site from its location in Jackson, Michigan, United States Of America; other Todoroff sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products, or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Todoroff reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
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INTELLECTUAL PROPERTY RIGHTS
The following Uniform Resource Locators (URL) and Uniform Resource Identifiers (URI) used herein are the property of The Todoroff Group, LLC:
www.todoroffs.com
www.todoroffs.biz
www.todoroffs.us
www.todorofffoods.com
www.todoroff–foods.com
www.best–chili.com
www.chili–dogs.com
www.coney–island.biz
www.coney–island–chili.com
www.original–coney–island.com
www.worlds–best–chili.com
The following trademarks used herein are the property of The Todoroff Group, LLC:
Todoroff's Original Coney Island, Treasure The Taste, Todoroff's Original Chili, Todoroff's Original Chili Con Carne, Todoroff's Original Chili Con Carne With Beans, Todoroff's Original Rice Pudding, Cheesy Coney Island, Cheesy Coney Island Hot Dog, Cheesy Chili Fries, Cheesy Fries, Chili Fries, Big Coney Deal, Everything = Chili + Mustard + Onion, Spicy Fish Sandwich, Premium Chicken Dippers, Big Coney Breakfast, Four Generations Since 1914, Four Generations Of Quality Food.
The following Uniform Resource Locators (URL) and Uniform Resource Identifiers (URI) used herein are the property of Todoroff Foods Incorporated:
www.todorofffoods.com
www.todoroff–foods.com
www.best–chili.com
www.worlds–best–chili.com
The following trademarks used herein are the property of Todoroff Foods Incorporated:
Todoroff's Original Chili, Todoroff's Original Chili Con Carne, Todoroff's Original Chili Con Carne With Beans, Todoroff's Original Rice Pudding, Todoroff's Fried Onions, Todoroff's Original Spaghetti Sauce, Todoroff's Original Beef Gravy, Todoroff's Original Chili Spices, Four Generations Since 1914, Four Generations Of Quality Food.
The following Uniform Resource Locators (URL) and Uniform Resource Identifiers (URI) used herein are the property of Kurt Richard Todoroff:
www.phs75.com
www.todoroffs.com/phs75
www.makedonska.org
www.todoroffs.com/makedonska
All other trademarks are the property of the respective trademark owners.
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CAREER OPPORTUNITIES
Information on this website is subject to change without notice. The positions listed on this website include opportunities with locations owned and operated by The Todoroff Group, LLC (Company Stores), locations owned and operated by Todoroff franchisees (Franchise Stores), as well as locations owned by Todoroff Foods Incorporated. The positions in Todoroff's Company Stores may be subject to different terms and conditions, including, but not limited to benefits and employment policies, than those positions in Todoroff's Franchise Stores. The positions in Todoroff Foods may be subject to different terms and conditions, including, but not limited to benefits and employment policies, than those positions in The Todoroff Group, the Company Stores, or the Franchise Stores. The Todoroff Group, LLC and Todoroff Foods Incorporated accept no responsibility or liability with respect to the terms and conditions of employment with a Todoroff franchisee. Specific information about the terms and conditions of employment associated with a particular position, will be set forth on the date of hire. Postings on this website do not represent an offer of employment. Any offer of employment must be made in person by an authorized representative of The Todoroff Group, LLC or of Todoroff Foods Incorporated or of a Todoroff franchisee in accordance with The Todoroff Group, LLC or Todoroff Foods Incorporated or the Todoroff franchisee's hiring policies and procedures.
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MISCELLANEOUS
You may not use or export or re–export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Todoroff with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Todoroff with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Todoroff, Todoroff will not accept any counter–offers to these Terms of Use, and all such offers are hereby categorically rejected. Todoroff's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Todoroff of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Todoroff and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
®, ™ – Todoroff's, Todoroff's logos, registered trademarks and other logos and/or slogans used in this website are owned by The Todoroff Group, LLC and Todoroff Foods Incorporated.
All other trademarks are the property of their respective trademark owners.
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