Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Nick's Place, Inc. ("we," "us," "our," or "Company") governing your access to and use of our website, services, and products.

By accessing or using our website or services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our website or services.

1. Definitions

For the purposes of these Terms:

• "Services" refers to all dining, hospitality, catering, and event services provided by Nick's Place, Inc.
• "Website" refers to our website accessible at nicksplaceandco.org and all related subdomains.
• "User" refers to any individual who accesses or uses our Website or Services.
• "Content" refers to all text, images, graphics, and other materials on our Website.

2. Use of Our Website

2.1 Permitted Use

You may use our Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates any applicable federal, state, local, or international law or regulation
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website
• Attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website
• Use any robot, spider, or other automatic device to access the Website
• Introduce any viruses, Trojan horses, worms, or other harmful material
• Collect or store personal information about other users
• Impersonate any person or entity
• Interfere with or disrupt the Website or servers or networks connected to the Website

2.2 User Accounts

If you create an account on our Website, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account.

3. Reservations and Orders

3.1 Reservations

When you make a reservation through our Website:

• You agree to provide accurate and complete information
• You agree to arrive at your reserved time or cancel with at least 24 hours notice
• We reserve the right to charge a cancellation fee for no-shows or late cancellations
• Reservation confirmations are subject to availability and may be modified based on operational requirements

3.2 Orders and Payments

For takeout orders and catering services:

• All prices are subject to change without notice
• Payment is due at the time of order or service, unless otherwise agreed
• We accept major credit cards and cash for payment
• A deposit may be required for large orders or private events
• Cancellation policies for catering and private events will be communicated at the time of booking

4. Intellectual Property Rights

4.1 Our Intellectual Property

The Website and its original Content, features, and functionality are owned by Nick's Place, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Website without our prior written consent.

4.2 Trademarks

"Nick's Place" and associated logos are trademarks of Nick's Place, Inc. You may not use these trademarks without our prior written consent.

5. Third-Party Links and Services

Our Website may contain links to third-party websites, services, or applications that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, terms, privacy policies, or practices of any third-party websites or services.

6. Limitation of Liability

6.1 Disclaimer of Warranties

THE COMPANY PROVIDES INFORMATIONAL OR PROFESSIONAL SERVICES AND DOES NOT GUARANTEE RESULTS. OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NICK'S PLACE, INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Website or Services
• Any conduct or content of any third party on the Website
• Any content obtained from the Website
• Unauthorized access, use, or alteration of your transmissions or content

6.3 Maximum Liability

Our total liability for any claim arising from or related to our Website or Services shall not exceed the amount you paid us, if any, for access to our Website or Services during the twelve (12) month period preceding the claim.

7. Indemnification

You agree to defend, indemnify, and hold harmless Nick's Place, Inc. and our respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of your breach of these Terms or your use of the Website or Services.

8. Privacy

Your use of our Website and Services is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by reference.

9. Dispute Resolution

9.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict of law provisions.

9.2 Arbitration

Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiation. If negotiation fails, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Erie County, Pennsylvania.

9.3 Class Action Waiver

You agree not to participate in class actions, class arbitrations, or representative actions against us. You agree to arbitrate claims only on an individual basis.

10. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. By continuing to access or use our Website or Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Website and Services.

11. Termination

We may terminate or suspend your access to our Website and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

13. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Nick's Place, Inc. regarding your use of our Website and Services.

14. Contact Information

For questions about these Terms, please contact us: