Last Updated: October 22, 2021
- Use, access, or visit the Site;
- Purchase, send, or receive any products or services, including Eli’s gift certificates, offered through the Site;
- Access, view, or listen to any of the text, graphics, video, audio, or other content featured on the Site;
- Access links to, view, or interact with Eli’s Cheesecake’s social media pages or accounts on third party social media platforms including, but not limited to, Facebook, Instagram, and Twitter (“Social Media”);
- Request, sign up for, opt in, or otherwise consent to receive catalogs, newsletters, or other marketing communications from Eli’s;
- Participate in promotions or enter sweepstakes or contests offered by Elis’s; and/or
- Submit questions, feedback, product reviews, or other communications to Eli’s.
Service Availability and Your Status
Rules of Use and Conduct
You are solely responsible for your conduct when using the Site and Eli’s Services, and the use of either for any unlawful or unauthorized purpose is prohibited. By using the Site or Eli’s Services, you agree, represent, and warrant that, in connection with your use, you will NOT:
- Engage in or encourage any conduct that would violate any laws in your jurisdiction, give rise to any civil liability or cause of action, or violate the proprietary, privacy, publicity, intellectual property, or other rights of any person or entity;
- Knowingly or recklessly introduce any virus or other harmful component, or otherwise tamper with, impair, or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site.
You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
All content and materials on this Site, including but not limited to text, graphics, video, audio, source code, databases, website design, or other Site content, are protected as the copyrights, trademarks, trade dress, or other intellectual properties (whether registered or unregistered) of The Eli’s Cheesecake Company, or are owned by parties that have licensed these materials to us. You may not copy, republish, duplicate, modify including modify by unauthorized framing, transfer, create derivative works from, or use any of the contents or materials on this Site without Eli’s express written consent. All Eli’s and Eli’s Cheesecake trademarks, including Eli’s logos, product names, and distinctive Eli’s packaging and trade dress appearing on or available for purchase through the Site are the registered and/or common law trademarks of The Eli’s Cheesecake Company. All rights not expressly granted are reserved.
Eli’s may periodically offer services requiring additional terms and/or conditions, for example, a contest, sweepstakes, or other promotion that may be subject to separate or additional rules or laws governing such activities. Should additional terms apply to any offered service, we will make those terms available to you for you to read prior to your use of that service, and your use of that service will constitute acceptance of the additional terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
Accuracy, Completeness, and Timeliness of Information
Eli’s takes all reasonable efforts to provide and maintain accurate and timely information about our company, products, services, and our Site. Nonetheless, we do not guarantee that the information provided on the Site is always up to date, or that the Site contains all relevant information available about The Eli’s Cheesecake Company, or its employment opportunities, services, policies, procedures, or products.
At times, the information on our Site may contain inaccuracies, typographical errors, or omissions with respect to our product descriptions, availability, pricing, promotions, offers, shipping charges, transit times, or other material details. We reserve the right to correct any such errors or omissions, to change or update the information on our Site, and to cancel orders on the basis of inaccurate information, at any time, and without prior notice. The Site may also contain historical information that is provided for reference only.
Our Prices and Products
The prices of Eli’s products are subject to change without notice. Eli’s reserves the right, at its sole discretion, to limit or restrict sales to any person, geographic region, or jurisdiction, and will exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer, or to discontinue any product at any time. All product descriptions are subject to change at any time without notice. Any offer for any product or service made on this Site is void where prohibited.
Eli’s takes every reasonable effort to ensure that the colors and images of our products are displayed on the Site as accurately as possible. We cannot guarantee that your computer monitor or device display will reflect these colors accurately.
Billing and Account Information
Eli’s reserves the right to refuse any order you place with us and to limit or prohibit any orders, at our discretion, that we believe were placed by dealers, resellers, or distributors.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or which use the same billing or shipping address. In the event that we make a change to or cancel an order, Eli’s may attempt to notify you through the contact information you provided when placing the order.
You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Site, and to promptly update your account with any changes to your contact information, credit card numbers and expiration dates, or shipping address so that we are able to complete your transactions and contact you as needed.
Your use of the content and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display, or create derivative works from or exploit the contents or materials on this Site in any way.
If you, at our request, submit specific materials to Eli’s Cheesecake (for example contest entries), or, without a request from us, send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you understand and agree that Eli’s may, at any time and without restriction, edit, copy, publish, distribute, translate, or otherwise use the Comments in any medium or manner. We are and shall be under no obligation to maintain Comments in confidence, pay compensation for Comments, or respond to Comments.
Links to Third-Party Content
The Site may contain embedded content or links that may redirect you to third-party websites or applications over which we have no control. Eli’s is not responsible for websites or applications that are not owned or controlled by The Eli’s Cheesecake Company, including those to which this Site may link, or which may link to this Site. The inclusion of links to third-party websites on this Site does not constitute endorsement nor is Eli’s responsible for the quality, content, nature, or reliability of information contained on those websites which you access at your own risk.
For California Residents: See our California Consumer Privacy Act (CCPA) notice: http://elicheesecake.com/privacy-policy/.
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of Illinois and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation, or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, ELI’S MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
The Eli’s Cheesecake Company does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.
Limitation of Liability
ELI’S WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. THE ELI’S CHEESECAKE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THE SITE, EVEN IF ELI’S IS NEGLIGENT OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ELI’S WILL NOT BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. YOU UNDERSTAND AND AGREE THAT ELI’S TOTAL LIABILITY FOR ANY LOSS, DAMAGES, OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Eli’s may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Eli’s liability shall be the minimum permitted under such applicable law.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be found to be illegal, invalid, or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Failure or delay by Eli’s to exercise any right, power, privilege, or remedy shall not constitute a waiver thereof. No modification or waiver by Eli’s of any provision shall be deemed to have been made unless made in writing.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
How to Reach Us
or you may write us at:
The Eli’s Cheesecake Company
Attn: Customer Service
6701 West Forest Preserve Drive
Chicago, IL 60634
© 2021 The Eli’s Cheesecake Company. All Rights Reserved.