Welcome to www.bonefishgrill.com (the “Site”). The documents, data, information
and other materials [collectively the "Material(s)"] contained on the Site are provided by
Bonefish Grill, a company within the Bloomin’ Brands, Inc. (“BBI”) group
of brands, exclusively for non-commercial, individual use to inquire about Bonefish Grill
food and related services and for no other purpose (“Authorized Users”). By
BY USING THIS SITE IN ANY WAY OR ANY OF ITS FEATURES OR CONTENTS, YOU SHALL BE DEEMED TO HAVE
AGREED TO EACH AND ALL OF THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE (THE "AGREEMENT")
WITHOUT MODIFICATION. If you are not an Authorized User, and if you do not agree to the
terms of this Agreement, you may not use this Site.
AGREEMENT FOR USE. You warrant that you are at least 18 years of age and
possess the legal authority to enter into this Agreement and to use this Site in accordance
with all terms herein. You agree to be financially responsible for all of your use of this
Site (as well as for use of your account by others, including without limitation minors
living with you). You agree to supervise all usage by minors of this Site under your name or
account. You also warrant that all information supplied by you or members of your household
in using this Site is true and accurate and without limitation. You agree that if ordering
facilities are made available for your use through the Site, the ordering facilities shall
be used only to make legitimate purchases for you or for other people for whom you are
legally authorized to act. You understand that overuse or abuse of the ordering facilities
of this Site may result in your being denied access to such facilities.
For any ordering or other services for which fees may be charged, you agree to abide by the
terms and conditions of purchase imposed, including, but not limited to, payment of all
amounts when due and compliance with all rules and restrictions regarding availability of
rates, products, or services. You shall be completely responsible for all charges, fees,
duties, taxes, and assessments arising out of the use of the Site.
MINORS. This Site is for a general audience and is not designed nor intended
to collect personal information from children under the age of 13. BBI does not knowingly
collect personal information from anyone under the age of 13. We ask that parents supervise
their children while online.
WIRELESS RESERVATIONS. Functionality is not guaranteed with all types of
mobile devices in using this Site. In addition, the connection to a mobile device will not
work if your device is not configured for SSL encryption. You should contact your service
provider directly for technical assistance or any questions. Please note that security
features vary by carrier/service provider and mobile device. Additional minutes/charges may
apply and may be charged by your mobile carrier/service provider.
LIMITED LICENSE TO VIEW AND COPY. The content and information displayed on
this Site (“Materials”) is the property of BBI and/or other parties. The
downloading, reproduction, or retransmission of BBI Materials, other than for non-commercial
individual use, is strictly prohibited. This Site is to be used by Authorized Users for
personal use only. Commercial uses of this Site are strictly prohibited. If you are
currently an Authorized User, you are granted a limited, non-transferable, revocable license
to view and copy the Materials solely for your personal use, subject to the restrictions
PROHIBITED CONDUCT. You agree not to: (a) copy, display, modify, reproduce,
or otherwise transfer any of the Materials to any third party without the prior written
permission of BBI; ( b) interfere with or disrupt networks connected to the Site; (c) use or
attempt to use any device, software or routine which interferes with the proper functioning
of the Site or any transactions being offered through the Site; (d) transmit files, data or
other materials containing a computer virus, corrupted data, worms, “Trojan
horses” or other instructions or design that would erase data or programming or cause
the Site or any equipment or system to become inoperable or incapable of being used in the
full manner for which it was designed; (e) deliver any communication to or through the Site
which violates any local, state, federal or international law; (f) deliver any communication
to or through the Site that contains defamatory, libelous, abusive or obscene material; or
(g) deliver any communication to or through the Site that will infringe upon the rights of
any third party.
INTELLECTUAL PROPERTY RIGHTS. This Site and the Materials contain and
reference trademarks, patents, trade secrets, technologies, products, processes or other
proprietary rights of BBI, through its subsidiaries, and/or other parties. No license or
right to or in any such trademarks, patents, trade secrets, technologies, products,
processes and other proprietary rights of BBI, through its subsidiaries, and/or other
parties is granted to or conferred upon you. Reproduction or storage of Materials obtained
from this Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. No Materials
may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as
expressly permitted herein. You may not remove any copyright, trademark notice or
proprietary notices from the Materials; or use the Materials or this Site except as
permitted in this Agreement. The use of any Materials from the Site on any other internet,
intranet, web or other site or computer environment is prohibited. You may not utilize
framing techniques to frame any BBI trademarks, logos, or other proprietary information
(including images and text). You may not use any meta tags or any other "hidden text"
utilizing our name, trademarks or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES. All contents of this Site are the
copyrighted property of BBI, or its subsidiaries, affiliates, or a BBI licensor, as
applicable. All contents of the Site are protected by United States and international
copyright laws. Bloomin’ Brands, Inc. is a trade name describing the subsidiary
companies of Bloomin’ Brands, Inc. involved in the restaurant industry in the U.S. and
around the world. Bloomin’ Brands, Inc., through its subsidiaries, is the
franchisor/licensor of the BBI brand names and marks. Trademarks owned by a BBI company may
not be used or displayed publicly without the prior written permission of the owner of the
marks, except for downloaded logos and photographs as and if provided for elsewhere on the
Site. Any rights not expressly granted herein are reserved.
The following are some of the service marks owned by Bloomin’ Brands, Inc., or its
subsidiaries, or affiliates: OSI Restaurant Partners, LLC, Outback Steakhouse,
Carrabba’s Italian Grill, Bonefish Grill, Fleming’s Prime Steakhouse and Wine
Bar, Boomerang Club and Carrabba’s Amici Club.
COPYRIGHT COMPLAINTS. If you believe that your work has been copied and
posted to our Site in a way that constitutes copyright infringement, you should provide our
Copyright Agent with a written notice that sets forth the infringement details. To be
effective, the notice must contain the following information: (1) a description of the
copyrighted work that you believe has been infringed; (2) a description of the material that
you claim is infringing the copyrighted work and a detailed description of where it is
located on our Site; (3) your address, telephone number, and e-mail address; (4) a written
statement by you that you have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf; and (6) an electronic
or physical signature of the copyright owner or person authorized to act on behalf of the
owner of the copyright interest.
Please send the written notice to our Copyright Agent at the following address by mail or
Bloomin’ Brands, Inc.
Attn: Copyright Agent/Legal Department
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607
We reserve the right, in appropriate circumstances and at our discretion, to terminate the
privileges of any account holder who repeatedly infringes the copyrights or other
intellectual property rights of BBI or others.
SUBMISSION OF CONTENT. Any submission to BBI is entirely voluntary,
non-confidential, gratuitous and non-committal. You grant to BBI and its designees a
perpetual, irrevocable, non-exclusive fully-paid and royalty-free license to use any ideas,
photos or other materials you submit (collectively the “Content”) to BBI and/or
the Site without restrictions of any kind and without any payment, acknowledgement or other
consideration of any kind, or permission or notification, to you or any third party. By
submitting Content to the Site, you are giving BBI permission to publish such Content to any
BBI maintained material including, but not limited to: websites, e-mail campaigns, social
media pages, in-restaurant print materials, radio and television.
MONITORING. BBI shall have the right, but not the obligation, to monitor the
content of the Site at all times, including any chat rooms and forums that are or may
hereinafter be included as part of the Site, to determine compliance with this Agreement and
any operating rules established by BBI, as well as to satisfy any applicable law, regulation
or authorized government request. Without limiting the foregoing, BBI shall have the right,
but not the obligation, to remove any material that BBI, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable, including without
limitation, comments that contain the following:
- Hate speech - language that degrades others on the basis of gender, race, national
origin, religion, sexual orientation or disability
- Personal attacks - language that is threatening, intimidating, defamatory, libelous or
encourages others to cause injury or property damage to any person
- Invasion of privacy - phone numbers, e-mail addresses, physical addresses or other
- Off topic - opinions and arguments unrelated to the article to which the comments are
attached or to the comments of other readers
- Advertising – solicitations or advertising of any kind, including comments or
links that are aimed at promoting other products or services
- Copyright/Plagiarism - comments that appear to violate copyright laws
- Offensive – offensive language or images, including but not limited to nudity
LINKED WEB SITES. This Site includes links to other web sites. BBI provides
such links solely as a convenience to you and for informational purposes only. BBI has not
reviewed all of the information on these other web sites. The inclusion of these links in no
way indicates BBI’s endorsement, support or approval of the content, advertising,
products, services, policies or other materials on or available from such web sites. Neither
BBI, nor any other providers of products or services related to this Site, shall be
responsible for the content of any other web sites and make no representation or warranty
regarding any other web sites or the contents or materials on such web sites. If you decide
to access other web sites, you do so at your own risk. Other web sites may include links to
the Site. The inclusion of such links does not indicate the other web site’s
endorsement, support or approval of the content, advertising, products, services, policies
or other materials on or available from the Site.
Nevada Residents: Requests by Nevada residents to exercise their privacy rights should
direct their request to: NVprivacyrequest@bloominbrands.com.
SECURITY. If you have been provided with a login and password, then any such
login and password are for your personal use only. You may not reveal your login or password
to anyone else or permit anyone else to use your login and password to access the Site. You
are responsible for maintaining the confidentiality and security of your login and password
and accept full responsibility for all activities that occur under your account or password.
You must notify BBI immediately in the event that the security of your login or password has
DISCLAIMER. THIS SITE AND ALL CONTENTS, MATERIALS, PRODUCTS, AND SERVICES
PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME
JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU. Further BBI does not warrant the accuracy or completeness of the information,
text, graphics, links or other items contained within the Materials, nor does BBI warrant
that the Site will be current, error free or available at all times or without interruption.
BBI also does not warrant that the Site or communications from BBI will be free of viruses
or other harmful components. BBI may make changes to the Materials, or the programs,
policies or other information described in the Materials, at any time without notice. BBI
makes no commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL BBI BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS
OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF
THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY BBI, ITS SUBSIDIARIES OR
AFFILIATES, OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITE. THIS
LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON
CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF BBI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND
SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE
NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON
THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE
INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE,
COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED
OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
TERMINATION/ACCESS RESTRICTION. BBI reserves the right, in its sole
discretion, to modify your access or terminate your access to the Site and your account, if
applicable, at any time, without notice. The provisions above relating to Intellectual
Property, Disclaimer of Warranties & Limitation of Liability, Indemnification &
Release, and Applicable Law & Disputes will survive termination of this Agreement.
NOTICES. When you visit the Site or send e-mails to us, you are
communicating with us electronically. By doing so, you consent to receive communications
from us electronically. We will communicate with you by e-mail or by posting notices on this
Site. You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in
MISCELLANEOUS PROVISIONS. Any claim relating to this Agreement or the
Materials shall by governed by the laws of the State of Florida, United States of America,
exclusive of the choice of law rules thereof. This Agreement constitutes the entire
agreement of the parties with respect to the subject matter hereof and supersedes all prior
oral and written agreements. No failure or delay on the part of BBI in exercising any right
or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as
a waiver thereof. If any part or provision of this Agreement is found to be invalid,
unenforceable or void, then the remaining portion shall remain in full force and effect.
Headings are for convenience only and not for use in interpretation of this Agreement. There
are no third-party beneficiaries of this Agreement.
SITE POLICIES AND MODIFICATION. We reserve the right to make changes to our
be effective upon our posting of notice of the changes on the Site. These changes will be
effective immediately for new users of the Site. We suggest that you re-read our Terms of
changes. Any use of the Site by you after such notice shall be deemed to constitute
acceptance by you of such modifications.
OUR CONTACT INFORMATION
Bloomin’ Brands, Inc.
2202 N. West Shore Boulevard, Suite 500
Tampa, FL 33607