Last Updated: July 29, 2020
This Policy does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity.
If you do not agree to all of the terms, conditions and practices set forth herein, do not access the Website or any of its pages, do not place an order for products through the Website, or submit any personal or confidential information online.
What Kind of Information We Collect
-Information You Provide
Whether accessing the VB Online Services from your home computer, mobile phone, or other device, VBE and its agents may collect information you directly provide. For example, we collect information when you register an account, join the Loyalty Program, enroll in our mailing lists or text message campaigns, locate a restaurant, apply for a job, interact with Customer Care, or otherwise communicate or transact with us through the VB Online Services. We may also collect information when you access the VB Online Services using voice functionality services available through the microphone on a third party device.
The information we collect may include Personal Information. “Personal Information” is information that identifies you personally (whether alone or in combination). Some examples of data we collect include the following:
-Name and Contact Data: We collect your first and last name; mailing address; telephone number; e-mail address, and other similar contact data. If you are a franchisee, we collect your contact information and that of your employees.
-Credentials: We collect username and password, and similar security information (for account authentication and administration).
-Demographic Data: We collect information about your interests and activities, your gender, month and day of birth, and other demographic information.
-Payment Data: We collect data necessary to process your payments if you make purchases through the VB Online Services, such as your financial account information and other payment information, or other forms of payment including Stored Value Cards (which may include Personal Information).
-Contacts: In some cases, we may collect information that you provide about others, including Personal Information, such as when you send your contacts benefits, coupons, or gifts. We will use the information you provide to fulfill your requests, including (if applicable) sending them a text message, and we will not send marketing communications to your contacts unless they have a separate relationship with us. Such functionality is intended only for United States residents. By using this functionality, you acknowledge and agree that both you and your contacts are based in the U.S. and that you have your contacts’ consent for us to use their contact information to fulfill your request.
-Content: We collect the content of messages you send to us, such as feedback and information you provide to customer service. We also collect the content of your communications as necessary to provide you with the VB Online Services you use.
-Contests/Promotions: We may collect additional Personal Information necessary for the administration of certain promotional events or features of our Loyalty Program.
-Resume Data: We collect data as necessary to consider you for a job opening if you submit an application to us, such as your employment history, transcript, writing samples, and references.
If you are accessing the VB Online Services as a current or potential franchisee, we may ask you to provide additional Personal Information, including your full date of birth, contact information, financial information, and employment history.
You may choose to voluntarily submit other information to us through the VB Online Services that we do not request, and, in such instances, you are solely responsible for such information. Please note that if you access the VB Online Services using voice functionality services available through the microphone on a third party device, it may collect background noise or communications that you do not voluntarily provide. Therefore, you should take steps to prevent the communication of unnecessary information when accessing the VB Online Services using voice functionality services.
-Information Collected Automatically
In addition, we automatically collect information about your device and how your device interacts with the VB Online Services. We may use Service Providers to collect this information. Some examples of information we collect include the following:
-Service Use Data
We collect data about the features you use, the pages you visit, the e-mails and advertisements you view, the products you purchase, the time of day you browse, your referring and exiting pages, and other similar information.
-Device Connectivity and Configuring Data
We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information. This data also includes IP address, MAC address, device advertising ID (e.g., IDFA or AAID), and other device identifiers.
We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).
We use various current – and later – developed technologies to collect this information (“Tracking Technologies”), to collect information about your interactions with the VB Online Services, including information about your browsing and activity behavior:
A log file is a file that records events that occur in connection with your use of the VB Online Services, such as your service use data.
-Pixel Tags (“Web Beacons” or “clear gifs”)
Pixel Tags are small graphic images, also known as “web beacons” or “clear gifs,” embedded in web pages and e-mail messages. Pixel Tags may be used to count the number of visitors to the VB Online Services, to monitor how users navigate the VB Online Services, and to count content views.
An embedded script is programming code designed to collect information about your interactions with the VB Online Services. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the VB Online Services, and deleted or deactivated thereafter.
GPS (global positioning systems) software, geo-filtering, Bluetooth, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location. For example, if you have Bluetooth enabled on your device, we may use beacons to determine if you are near a Vitality Bowls location (or another retailer), and to send you advertising or promotions via push notifications. We may also associate your location captured via Bluetooth with your device identifier, and combine that data with transactional information to improve the services offered to you.
-Voice Processing Technologies
-In-App Tracking Methods
There are a variety of tracking technologies that may be included in mobile apps, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as mobile Ad IDs to associate app user activity to a particular app and to track user activity across apps.
We may use technology in connected devices, including your vehicle, home assistant, or smartwatch, to determine your location, serve advertising, or provide promotional offers. Information we collect through your connected devices will depend on the device and your settings, but may include voice, location, payment information, or biometric data. We may also associate the information from connected devices to your device identifier and combine that with transactional information to improve the services offered to you. For more information please refer to the sections on “Location-identifying Technologies” and “Voice Processing Technologies” above.
Some information about your use of the VB Online Services and certain Third Party Services (defined below) may be collected using Tracking Technologies across time and services and used by us and third parties for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the VB Online Services and certain Third Party Services.
For further information on Tracking Technologies and your rights and choices regarding them, please see “Third Party Services” and “Your Rights and Choices” below.
-Information from Franchisees and Other Third Party Sources
-Data brokers from which we purchase demographic data to supplement the data we collect.
-Social networks when you reference our Service or grant permission to Company to access your data on one or more of these services.
-Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
-Publicly-available sources such as open government databases or other data in the public domain
For further information on Third Party Services, see the “Third Parties” section below.
How We May Disclose Information We Collect
We may disclose your information to third party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, marketing, e-mail delivery, auditing and other similar services.
-Business Partners and Other Third Parties
We may disclose your information to our business partners and other third parties for their own business purposes, including direct marketing purposes (California residents and data subjects in Europe have certain rights set forth in “Your California Privacy Rights” and “Your European Privacy Rights” below).
-Sharing at Your Request
We may disclose your information to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on our message boards and forums. When you post information in a public forum it becomes public information, and you are solely responsible for that information. In addition, we may disclose your information in order to identify you to anyone to whom you send communications through the VB Online Services, including through our gifting program.
-Corporate Transactions or Events
We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
-Other Legal Reasons
In addition, we may use or disclose your information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our Affiliates; (6) to protect the rights, privacy, safety or property of VBE, our Affiliates, you and others; and (7) to enforce our terms and conditions.
We may share your information for any other purpose disclosed to you and with your consent.
Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with franchisees, third parties, or Affiliates for any purpose, except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the “Your Rights and Choices” section below.
How We Use the Information We Collect
The information you provide will help us understand how you use our Website. It enables us to recognize your needs and continue to make the improvements that are important to you and our customers.
We use information about you for our legitimate interests, including to:
-process and manage the VB Online Services, including your use of our products and services;
-perform services requested by you, such as to respond to your inquiries or requests;
-communicate with you in connection with our and third party products, services, offers, promotions, rewards, and marketing efforts, such as when we send you offers and promotions that you can take advantage of through the VB Online Services or at your local Vitality Bowls outlet (for information about how to manage these communications and marketing efforts, please see “Your Rights and Choices” below);
-maintain, market, and improve our Loyalty Program;
-further our business purposes, such as to perform data analysis, audits, fraud monitoring and prevention, to enhance, improve or modify the VB Online Services, to identify usage trends, determine the effectiveness of our promotional campaigns and to operate, improve and expand our business activities; and
-if you are accessing the VB Online Services as a current or potential franchisee, we may use the information that you provide to assist in the assessment of your application for a VBE franchise as well as improve and conduct our franchise marketing efforts. We use the contact information you provide to communicate with you and your employees about important information relevant to franchisees.
We also use information about you with your consent, including to:
-create and deliver personalized content, features, and promotions, including based on the amounts and types of purchases you make and benefits you receive;
-communicate with you about VBE, including about your orders or purchases, your services, accounts, reminders about events, contests you entered into, your requests for information, and to update you about changes to the VB Online Services;
-allow you to send communications or benefits (for example gifting through the Vitality Bowls mobile application) to friends or family through the VB Online Services if you and your friends/family are located in the US; and
-fulfill any other purpose disclosed at the time you provide information and your consent.
We may use information that does not identify you (including information that has been de-identified) without obligation to you except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled “Your Rights and Choices” below.
Sweepstakes, Contests, Promotions
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to third parties for administrative purposes and as required by law (e.g., on a winners list). By entering, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials.
Third Party Services, Devices and Links
Social Networking and Other Third Party Features
Analytics and Online Advertising
We may use Google Analytics and other third parties for analytics services. These third parties may use Tracking Technologies to track the actions of users of the VB Online Services, to measure statistics of user activity on the VB Online Services, and provide other services relating to VB Online Services activity and internet usage. We may also engage and work with third parties to serve advertisements on the VB Online Services and/or on Third Party Services. These third parties may use Tracking Technologies to track marketing efforts and to deliver “interest-based advertisements” that may be more relevant to individual consumers. For example, if your information indicates that you live in an area where a particular in-store promotion is going on (such as a new snack offering), you may receive an advertisement on the VB Online Services and/or on a Third Party Service that is specific to that promotion. As above, the information collected and stored by any such Third Party Services remains subject to their own policies and practices.
For further information on Tracking Technologies and your rights and choices regarding them, please see “Information Collected Automatically” above and “Your Rights and Choices” below.
Your Rights and Choices
Review and Update of Account Information
You can visit the account section of the VB Online Services to access or update certain account information we have on file about you and that you have submitted through the VB Online Services. Alternatively, you may call us at 1-925-866-ACAI (2224) to request that it be updated or removed. We may require additional information from you to allow us to confirm your identity. Please note that if you ask us to remove information, we will remove it from consumer-facing parts of the VB Online Services, but may continue to store and use the information for internal analytics purposes.
We may retain your information for as long as your account is active or as reasonably useful for commercial purposes. We will retain and use your information as necessary to comply with our legal obligations or data retention policies, resolve disputes, and enforce our agreements.
If, at any time, you decide you would rather not receive these types of communications, you can opt-out by following the instructions contained in those communications. For email communications, you may click the unsubscribe link at the bottom of any email sent from VBE or its Affiliates to opt-out. For text message communications, you may opt-out by texting “STOP” to the appropriate short code available from our confirmation text message. For push notifications or in-app messages, you may adjust the permissions in your mobile device. You can also update contact preferences for your Vitality Bowls account by visiting the VB Online Services. Please note that your opt-out is limited to the e-mail address, phone number, or device used and will not affect subsequent subscriptions or, for e-mails, “transactional or relationship” communications.
Tracking Technologies Generally and “Do Not Track”
If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your device. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all of the features and functionality of the VB Online Services. For example, you may not be able to add items to your Shopping Cart, proceed to Checkout, or use any products and services that require you to sign in. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
With respect to our mobile apps, you can stop all collection of information via the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device. Please be aware that if you disable or remove these technologies some parts of the VB Online Services may not work.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com.
Analytics and Interest-Based Advertising
We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (“DAA”) (“Principles”). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest based advertising purposes. More information about these Principles can be found at www.aboutads.info/. If you want to “opt out” of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA Self-Regulatory Program for Online Behavioral Advertising and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/. An “opt-out” Cookie will be placed on your device indicating that you do not want to receive interest-based advertisements. Opt-out Cookies only work on the internet browser and device they are downloaded onto. If you want to opt-out of interest-based advertisements across all of your browsers and devices, you will need to opt-out on each browser on each device you actively use. If you delete Cookies on your device generally, you will need to opt-out again. If you want to “opt out” of receiving online interest-based advertisements on your mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.Please note that when you “opt-out” of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on the VB Online Services. It means that the online ads that you do see from participants should not be based on your particular interests.VBE is not responsible for effectiveness of, or compliance with, any third-parties’ opt out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use Tracking Technologies to collect information about your use of the VB Online Services, including for analytics and fraud prevention as well as any other purpose permitted under the Principles.
Vitality Bowls may conduct online surveys of visitors. Your participation in a survey is voluntary and the information you provide will not be shared with third parties unless you have received prior notification upon the collection of your responses.
Privacy Rights For California Residents
If you are a California resident, you have certain rights regarding the privacy of your personal information under California law. Please click here to read about your California Privacy Rights.
We implement and maintain reasonable administrative, physical, and technical security measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of your information collected through the VB Online Services.
We have reasonable and appropriate security measures in place to attempt to protect against the loss, misuses, and alteration of your personally identifiable information under our control. In all cases, we have taken reasonable steps to confirm the information is retained in secured facilities and that reasonable measures have been implemented for protection from unauthorized access. All personal information accepted on the VB Online Services is encrypted and secure through the use of Secure Sockets Layer (SSL) software. However, no security system is impenetrable. We cannot guarantee the security of the VB Online Services, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. We ask that you do your part by maintaining the strict confidentiality of any computer passwords you use to access the Internet or the VB Online Services.
Data Controller Information
Children’s Online Privacy
VBE recognizes the importance of protecting the privacy of children online. The VB Online Services are intended for general audiences and are not directed to children under thirteen (13). We do not knowingly collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) from children in a manner that is not permitted by COPPA.
If you become aware that a child under the age of 13 has provided us with personal information as defined by COPPA through the VB Online Services, we ask that you e-mail us at email@example.com. If we become aware that a child under 13 has provided us with personal information as defined by COPPA, we will delete the child’s information from our records to the extent required by COPPA.
Your European Privacy Rights
If you are a data subject in the European Economic Area (“EEA”), you have the right to access, rectify, or erase any personal data we have collected about you through the VB Online Services. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you through the VB Online Services. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled “Contact Us” below and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Please note that we store information as necessary to fulfill the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.
Updates to this Policy
If you have any questions regarding our privacy practices, our data practices, or our compliance with applicable law, you can email us at firstname.lastname@example.org. You also can call us at 1-925-866-ACAI (2224), or you can write to us at VBE Customer Service, Vitality Bowls Enterprises, LLC, 2440 Camino Ramon, San Ramon, CA 94583.
For EU-specific requests, you can reach our Data Protection Officer (“DPO”) at email@example.com.
These Terms constitute an agreement between Vitality Bowls Enterprises, LLC and its affiliates (collectively, “Vitality Bowls” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
Certain services offered through the VB Online Services, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.
Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the VB Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the VB Online Services. All changes are effective when we post them and apply to your access and use of the VB Online Services thereafter. Changes to the Dispute Resolution provisions (Section 20 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
Users and Accounts
The VB Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE VB ONLINE SERVICES. By accessing, using and/or submitting information to or through the VB Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the VB Online Services under the supervision of and with the consent of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE VB ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to create and register an account in order to use certain VB Online Services.
In creating an account, you agree to:
-create only one account for each applicable part of the VB Online Services;
-provide honest, accurate, current and complete information regarding yourself;
-keep your profile, contact and other account information updated and accurate;
-keep your account password private and not share it with others; and
-notify Vitality Bowls if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
For certain parts of the VB Online Services, you may choose to add a family member’s name, birthdate, and relationship to your account to receive additional benefits to enjoy with your family member. If you choose to utilize this feature, you hereby represent that you have received appropriate permission to use and provide your family member’s information to us. If you choose to remove a family member from your account, you will no longer receive benefits related to that family member. We reserve the right to limit the number of family members that can be added to your account.
From time to time, Vitality Bowls may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
You are responsible for providing the equipment and services that you need to access and use the VB Online Services. We do not guarantee that the VB Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the VB Online Services or any component of them and to block or prevent future access to and use of the VB Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the VB Online Services will survive such termination.
The VB Online Services are owned by Vitality Bowls and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the VB Online Services. You may not save or archive a significant portion of the material appearing in or on the VB Online Services. All rights not expressly granted herein are reserved by Vitality Bowls.
Responsible Use of the VB Online Services
You may use the VB Online Services for lawful purposes and in accordance with these Terms. You may not use the VB Online Services:
-for any purpose that is unlawful or prohibited by these Terms;
-to cause harm or damage to any person or entity;
-interfere with the proper operation of the VB Online Services;
-to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Vitality Bowls in its sole discretion); or
-to reproduce, duplicate, copy, sell, resell or otherwise exploit the VB Online Services for any commercial purpose that is not expressly permitted by Vitality Bowls.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS VITALITY BOWLS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “VITALITY BOWLS’ PARTIES”) FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY VB ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Vitality Bowls’ Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the VB Online Services.
Provision of the VB Online Services
We are constantly improving the VB Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the VB Online Services, or certain features of the VB Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current VB Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the VB Online Services or stop (permanently or temporarily) providing the VB Online Services (or any feature, program or content within the VB Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the VB Online Services at any time. You do not need to specifically inform us when you stop using the VB Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the VB Online Services, your account details, or any files or other content which are contained in your account. If you have stored VB Loyalty Program Information in your account, that information will no longer be accessible through your account, but the associated physical VB Loyalty Program account may still be used.
If you use a mobile device to access the VB Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the VB Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code.
Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE VB ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
Product Sales and Availability
All products displayed on the VB Online Services, including Vitality Bowls’ branded products, are made available by franchisees and other third parties not owned or operated by Vitality Bowls. Vitality Bowls may run national promotions relating to the sale of these products, but the third party franchisees and other third parties set the prices for the products and determine product availability. Vitality Bowls reserves the right without prior notice to discontinue any national promotions or stop displaying the Vitality Bowls’ branded products through the VB Online Services.
Service-Specific Terms and Conditions
Vitality Bowls’ Loyalty Program
To participate in the Vitality Bowls Loyalty Program (“Loyalty Program”), you may enroll at www.vitalitybowls.com or through the Vitality Bowls’ mobile applications. You may also enroll by connecting a Third Party Service to our Service. You may use this card/membership ID number to earn points and redeem rewards at Vitality Bowls locations as proscribed in the Loyalty Program. If you elect not to receive promotional emails, you may not receive certain offers and promotions other than transaction emails regarding ward certificates and account details and charges.
When you enroll in the Loyalty Program through any method, you agree to the Loyalty Program Program-specific terms and conditions. Those terms and conditions are hereby incorporated into these Terms and the collective Terms shall govern your participation in Loyalty Program. To the extent there is a conflict between the terms of the Loyalty Program and the Terms presented on this page, the terms of the Loyalty Program govern.
Vitality Bowls Mobile Applications
Offers and Settings
We may make special offers available from time to time through our mobile applications (“App Offers”). App Offers may be based on your particular location or purchasing history our mobile applications and may only be available for a limited period of time. App Offers are only available in participating locations and may be subject to additional terms and conditions as described in the App Offer.
Our mobile applications are designed to integrate with several elements of your device’s native functionality. Accordingly, if you choose not to enable your device’s GPS/location settings, push notifications, text messages or other device functionality, or if you chose not to provide your zip code, some features of our mobile applications may not be available to you. To opt-out of receiving push notifications from our mobile applications, adjust the permissions in the settings section of your device or delete the mobile application.
Vitality Bowls’ Disclaimer of Warranty and Limitation of Liability
To the fullest extent allowed by applicable law, Vitality Bowls is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the VB Online Services or any materials available in any VB Online Service. Vitality Bowls shall not be liable even if Vitality Bowls or a Vitality Bowls authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
Except as expressly otherwise stated, Vitality Bowls does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the VB Online Services. Without limiting the generality of the preceding sentence, Vitality Bowls specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the VB Online Services.
Vitality Bowls does not guarantee that the functions contained in any of the VB Online Services will be secure, uninterrupted or error-free, that each the VB Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Vitality Bowls is aware of them.
Except as set forth below, in no event will Vitality Bowls and its parent’s or affiliates’ total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the VB Online Services or $100, whichever is less. Where permitted by applicable law, you agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit Vitality Bowls’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.
Copyright and Trademark
Unless otherwise noted, all materials published on any VB Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Vitality Bowls and/or its subsidiaries and affiliates or by other parties that have licensed their material to Vitality Bowls.
Vitality Bowls marks displayed in the VB Online Services represent some of the proprietary rights currently owned or controlled by Vitality Bowls in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Vitality Bowls ‘ worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the VB Online Services. All rights not expressly granted are reserved.
Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the VB Online Services. In compliance with the DMCA (Title 17, United States Code), Vitality Bowls will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Vitality Bowls also reserves the right to remove and disable access to any user-posted material which, in Vitality Bowls ‘ sole judgment, may be infringing or violating another’s intellectual property right, whether or not Vitality Bowls has been notified by the rights holder.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Vitality Bowls has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Vitality Bowls to be repeat infringers. Vitality Bowls may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
In compliance with the DMCA, the Designated Agent for Vitality Bowls to receive notifications of claimed infringement relating to any of the VB Online Services as outlined below.
By mail: Vitality Bowls Enterprises, LLC, Vitality Bowls Enterprises, LLC, 2440 Camino Ramon, San Ramon, CA 94583.
By telephone: 1-925-866-ACAI (2224)
By email: firstname.lastname@example.org
Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the VB Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
-a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
-identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
-identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
-information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
-a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
-a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the VB Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
-your physical or electronic signature;
-identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
-a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
-your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of California, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Vitality Bowls receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
Third Party Links and Services
Third Party Links
The VB Online Services may link to, interact with or be available on websites, platforms, and services or products operated and owned by third-parties (“Third Party Services”) such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
Third Party Services may also link to the VB Online Services in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Vitality Bowls occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.
Third Party Social Networking Services and Logins
Third Party Products
The VB Online Services may be accessed on third-party devices or other products (“Third Party Products”). For example, you may be able to access the VB Online Services using voice functionality services available through the microphone on a Third Party Product. We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
Errors and Inaccuracies.
The VB Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the VB Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
Feedback and Submissions
Vitality Bowls is unable to accept unsolicited ideas. By submitting any material to us through any of the VB Online Services, you expressly grant to Vitality Bowls and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sub-licensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Vitality Bowls and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
Geographical Scope of the VB Online Services
Vitality Bowls controls and operates the VB Online Services from within the United States. Vitality Bowls makes no representation that any materials on the VB Online Services are appropriate or available for use outside the United States. If you access the VB Online Services from outside the United States, be advised the VB Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the VB Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the VB Online Services. The VB Online Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Vitality Bowls or its affiliates to any registration requirement within such jurisdiction or country.
If you are a franchisee or potential franchisee, you may use the VB Online Services for the purpose of learning about the Vitality Bowls franchise system or operating your franchise. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via the franchise tab on the www.vitalitybowls.com website.
Certain materials on the VB Online Services describe the Vitality Bowls system. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of law principles.
Agreement to Arbitrate Disputes
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. YOU AND VITALITY BOWLS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
WE BOTH AGREE TO ARBITRATE. You hereby agree that any dispute between you and Vitality Bowls and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Vitality Bowls”) arising from or relating to (a) your misuse of the VB Online Services, (b) these Terms and their interpretation or the breach, termination or validity thereof or (c) the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in San Ramon, California administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (available at www.adr.org), in effect on the date thereof. If there is a conflict between AAA Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
PRE-ARBITRATION PROCEDURES. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. Vitality Bowls will provide such notice by e-mail to your e-mail address on file with Vitality Bowls and you must provide such notice by e-mail to email@example.com with “Legal Dispute” appearing in the subject line. During such 60-day notice period, we agree to endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
NO CLASS ACTIONS. Vitality Bowls and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Vitality Bowls nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Vitality Bowls in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND VITALITY BOWLS WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
OPT-OUT OF AGREEMENT TO ARBITRATE. You can decline this agreement to arbitrate by emailing Vitality Bowls at firstname.lastname@example.org and providing the requested information as follows: (1) Your Name; (2) the URL of the Terms and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms by using the VB Online Services.
If any provision of the agreement to arbitrate in this section is found unenforceable, the remaining arbitration terms will be enforced. In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, then such dispute between us arising under the Terms or your misuse of the VB Online Services will be subject to the jurisdiction and venue of the state and federal courts located in San Ramon, California, and governed in accordance with the laws of the state of California, excluding its conflict of law rules.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the VB Online Services by any authority.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the VB Online Services is Vitality Bowls Enterprises, LLC, 2440 Camino Ramon, Suite 333, San Ramon, CA 94583.
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.Their website is located at: http://www.dca.ca.gov.
Any California residents under the age of eighteen (18) who have registered to use the VB Online Services and who have posted content or information on the VB Online Services, can request that such information be removed from the VB Online Services by contacting us at email@example.com. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
Please refer to “Privacy Rights For California Residents” for additional information about your California privacy rights.
No delay or failure on the part of Vitality Bowls to enforce any part of these Terms will constitute a waiver of any of Vitality Bowls’ rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Vitality Bowls nor the reliance of any person on Vitality Bowls’ actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Vitality Bowls will have any legal effect whatsoever. To the extent permitted by applicable law, if any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Vitality Bowls but you may not assign them without the prior express written consent of Vitality Bowls. The headings and captions contained herein are for convenience only.
Contact Vitality Bowls
If you have questions regarding any of these Terms, you can email us at firstname.lastname@example.org, call us at 1-925-866-ACAI (2224), or write to us at Vitality Bowls Customer Service, 2440 Camino Ramon, Suite 333, San Ramon, CA 94583.