Last Updated: October 22, 2021
The Eli’s Cheesecake Company (“Eli’s,” “Eli’s Cheesecake,” “We”, “Our,” “Us”) operates this website located at elicheesecake.com and shop.elicheesecake.com, together with any other webpage or application operated by us and branded as Eli’s Cheesecake and on which a link to these Terms of Use is displayed (collectively, the “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY AS YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY ALL OF THESE TERMS OF USE.
These Terms of Use create a legal agreement between Eli’s and you. By using the Site, you agree to be bound by these Terms of Use when you:
Your access to and use of the Site is subject to your continued compliance with these Terms of Use and all applicable laws. If you do not agree to be bound by these Terms of Use in their entirety, please exit the Site now as you are expressly prohibited from using the Site.
Service Availability and Your Status
The Site, and its contents, and the Eli’s services offered by Eli’s through the Site (“Eli’s Services”) are intended for individuals who reside in the United States, and who are at least the age of majority in the state in which they reside. By using the Site, you represent and warrant that you are at least 13 years of age, or that you are over the age of majority in your state of residence and have given us your consent to allow your minor dependents to use the Site under your supervision and in accordance with these Terms of Use. At this time, Eli’s does not accept orders from individuals outside the United States. As such, by placing an order through the Site, you represent and warrant that you are legally capable of entering into these Terms of Use and are accessing the Site from a jurisdiction within the United States. The Site is controlled, operated, and administered by Eli’s from its offices within the United States. While the Site may be accessible from locations outside of the United States, and may reference products and services unavailable for use or purchase by individuals in your country, these references do not imply any intent by Eli’s to provide this Site for or to market any products or services to individuals in your country.
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:
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.
Intellectual Property
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.
Additional Terms
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.
Personal Use
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.
User Submissions
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.
We may, but have no obligation to, monitor, edit, or remove content from the Site that we in our sole discretion believe to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates these Terms of Use or the intellectual property or other legal rights of any party.
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.
Privacy Policy & Security
Please review our Privacy Policy (http://elicheesecake.wpengine.com/privacy-policy/) which is incorporated by reference into these Terms of Use and which describes Eli’s data collection practices and the manner in which Eli’s collects, uses, discloses, and protects your information. Should any conflict exist between the Privacy Policy and these Terms of Use, these Terms of Use shall govern.
For California Residents: See our California Consumer Privacy Act (CCPA) notice: http://elicheesecake.wpengine.com/privacy-policy/.
Jurisdiction
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.
Indemnification
You agree to indemnify, defend, and hold harmless The Eli’s Cheesecake Company, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to your use of this Site, violation of these Terms of Use, violation of any rights of any third party, or conduct in connection with the Site.
Disclaimer
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.
Severability
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.
Waiver
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.
Modifications to the Terms of Use
Eli’s may update or modify these Terms of Use at any time and for any reason, so please review them frequently and before using the Site. Any changes that we make will take effect immediately upon posting to this page, and your continued access or use of the Site following any such modification or update shall signify your acceptance of and agreement to be bound by the revised Terms of Use. We will notify you of any changes to these Terms of Use by updating the “Last updated” date at the top of these Terms of Use.
These Terms of Use govern only the Site, and the content, features, and activities made available on the Site, and do not govern other websites or any corresponding content, features, and activities made available by any third party, unless specifically stated.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
How to Reach Us
If you have any questions or suggestions about our Terms of Use, please submit them to customerservice@elicheesecake.com
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.