When you click to accept these Terms, or when you access or use the Service, you agree that you have read, understand, and accept all of the requirements and conditions presented, and agree to be legally bound by them for the benefit of First Watch and its affiliates. If you do not agree to the Terms or do not understand them, then you may not use the Service.
First Watch reserves the right to update or revise these Terms at any time without prior notice. When you click to accept the updated Terms, or continue to access or use the Service following an update to the Terms, you signify that you read, understand, accept and agree to be bound by the updated Terms.
Ability to Accept Terms
You warrant and represent that you have the legal authority to accept these Terms on behalf of yourself and all persons and legal entities that you represent, sufficient to cause all such persons and entities to be legally bound to these Terms. You also warrant and represent that you have the legal authority to accept these Terms on behalf of the owner of the device you are using to access the Service, in the event you are not the device owner. By clicking to accept the Terms or by accessing or using the Service, you signify your agreement, and the agreement of all persons or legal entities you represent including the owner of the device (if applicable), without limitation or qualification, to be bound by these Terms. You further warrant and promise that you have the legal capacity to enter into this agreement and these Terms or, if not, that your parent(s) or legal guardian(s) have consented to your use of this Service and accept these Terms on your behalf. If you do not agree with each provision of these Terms, or you are not authorized to agree to and accept these Terms, you may not use this Service. Hereinafter, references to “you” and “your” include you, your legal guardian or parent (if applicable), and any persons or entities that you represent, inclusive of the device owner (if applicable).
Communications and Content Monitoring
In the course of providing the Service to you and operating the Service for you, First Watch may receive certain information about content you access, send, receive or use while accessing the Service, such as URLs and, for transmissions via HTTP or HTTPS, search terms, application commands, files names, file sizes and file types, when you use or access the Service. First Watch also may receive certain information about communications you may engage in, access, send, receive or use while accessing the Service, such as any of the information noted above, and address information, such as recipient and sender email address, or recipient or sender phone number in the case of text messaging via phone when such information is transmitted via an unencrypted manner. First Watch may use this content and communications-related information for the following purposes, and will retain the information consistent with these uses:
- to filter or block inappropriate content, such as adult content or pornography;
- to provide reasonable security measures such as logging and monitoring use of the Service to help prevent unauthorized access;
- making reasonable efforts to ensure an appropriate level of consistent service, including the availability and speed of the Service, subject to applicable disclaimers and limitations described herein;
- troubleshooting and addressing potential and actual problems with the Service; and
- disclosing information to law enforcement and government agencies as may be deemed necessary, in their or First Watch’s discretion, consistent with applicable legal requirements.
You understand that First Watch will receive certain information about communications and content you engage in or send, receive, and/or access while using the Service, and you unconditionally agree and consent to First Watch’s receipt, collection, use, storage and disclosure of that information, as described above and elsewhere in these Terms. You agree and understand that First Watch may, but is not required to, proactively monitor content, communications and activities undertaken using the Service. It is your responsibility to know and understand the risks of using public communication means, such as unsecured wifi, for transmission of any communications and content.
Privacy and Security
We understand that privacy and security are important to you and others using the Service. Accordingly, we want you to know that, when you access or use the Service, First Watch will receive information that may identify you or the device you are using. That information may include MAC address, IP address, and unique device identifier such as a name or number assigned to the device. If you were required to login in order to access or use the Service, then registration information we obtain from you may include your name, phone number and email address.
We also will receive the real-time location of your device while it is accessing the Service.
We will use this information to provide the Service, to troubleshoot or otherwise address issues related to the Service, to provide reasonable security protections as described above, and for general administrative, business and compliance purposes. We will share that information with others in the following circumstances:
- with service providers, who are only authorized to use information to perform services on our behalf or for limited administrative purposes, such as complying with legal requirements;
- when reasonably requested or required by law enforcement authorities or other government officials;
- when otherwise required by law or in response to legal process;
- when we believe disclosure is appropriate to prevent physical harm or financial loss;
- when reasonably necessary to investigate or otherwise respond to suspected or actual illegal activity or a violation of these Terms;
- as needed to protect the vital interests of an individual; and
- in the event we sell or transfer all or a portion of our business or assets.
First Watch takes reasonable steps to keep the Service free of security risks such as malware and spam, but cannot and does not warrant or represent that the Service is secure or free from security risks. We cannot and do not guarantee or represent that the Service, or the device you use to access the Service, can be kept free of security hazards and vulnerabilities. We cannot represent complete security in part because the security of the Service and your device is a shared responsibility of First Watch and all users of the Service, including you. As such, you agree to take appropriate steps to help protect yourself and your device, and to ensure the security of the Service for others, including but not limited to:
- installing and using up-to-date malware and virus protection on the device you use to access or use the Service;
- avoiding communications and websites that convey malware, such as phishing emails;
- installing the most recent security patches made available by your device and/or operating system provider;
- if you were required to use login credentials to access the Service, maintaining these credentials confidentially, including refraining from sharing them with anyone or maintaining them in an insecure fashion, such as by displaying them in a place that is visible to others;
- notifying First Watch immediately if you believe that your login credentials were compromised; and
- notifying First Watch immediately of any security issue you may detect with respect the Service.
You are solely responsible for any loss, liability or damages resulting from your failure to adhere to the above-listed or other reasonable security precautions. You acknowledge that First Watch makes no assurance or guaranty regarding the privacy or security of information, including about you or the device you use to access the Service, or the content or communications you engage in, access, send, receive, or use while accessing the Service. We cannot and do not guaranty or represent that any such information will be or will remain private or secure, and you agree that First Watch assumes only the limited responsibility described herein for your privacy or security, and that of the device you use to access the Service.
You agree and understand that First Watch will receive certain information about communications and content you engage in or send, receive, and/or access while using the services. You agree and understand that First Watch may, but is not required to, proactively monitor communications and activities undertaken using the Service. The Communications and Content Monitoring section of these Terms more fully describes our receipt and potential monitoring of communications and content.
Operational Limits of the Service
First Watch provides the Service to you on a complimentary basis, subject to certain limits, including, but not limited to, certain availability and operational limitations of the requisite equipment and associated facilities. Temporary or permanent interruptions in the Service may occur, and First Watch will not be responsible or liable for such interruptions or any loss of data or communications resulting from such interruptions. First Watch assumes no obligation to provide the Service, or to provide the Service to any certain level or specification, such as speed, bandwidth, strength, and range.
Although First Watch provides the Service on a complimentary basis and receives no payment associated with use by its customers, guests, associates and service providers, your use of the Service may be subject to charges imposed by the carrier or other party that supports the computing device you use to access the Service. Such charges are a function of your service plan and outside First Watch’s control and do not affect the applicability or enforceability of these Terms.
First Watch makes reasonable efforts to filter certain objectionable, harmful or illegal content, but cannot and does not guaranty that these filters will completely prevent all such content from being accessed by you or other devices accessing the Service.
Acceptable Use of the Service
You are fully responsible for the device you use to access the Service and all activity undertaken through that device while it is accessing or using the Service, whether or not those activities were caused or authorized by you.
You are authorized to use this Service solely while you are a customer or employee of this First Watch, corporate office, or other First Watch facility where you are authorized to be and access the Service, subject to these Terms. You are fully responsible for your activities while using this Service, including any content, information or other materials you access or transmit via this Service, and you bear all risks associated with use of this Service. You agree not to use this Service to engage in any prohibited conduct, or to assist any other person or entity in engaging in prohibited conduct, including conduct that:
- is unlawful or barred by these Terms or other applicable contractual agreements;
- is infringing, such as downloading copyright protected material, video, audio or other without the owner’s permission;
- is tortious, meaning intentionally harmful to an individual or entity or that negligently or knowingly puts an individual or entity at risk of harm;
- Would reasonably harm or otherwise adversely impact the security of the Service or any user’s device or information system;
- invades the privacy of any individual;
- a reasonable individual would or should know would violate another party’s intellectual property rights, privacy rights or other legal rights; or
- interferes with the operation, use, or enjoyment of the Service, or any other services, systems, products, or property.
Examples of prohibited conduct include, but are not limited to, the following:
- attempting to or actually damaging or interfering with the proper working with the Service;
- intercepting, diverting, or otherwise interfering with any communications engaged in or accessed using the Service;
- sending or causing to be sent “spam” or other unsolicited communications to any person or entity;
- attempting to or actually committing any illegal act, including hacking, identity theft, fraud, etc.;
- harassing or threatening any party or advocating or encouraging violence against any government, organization, group, individual or property;
- disseminating a virus, Trojan horse, malicious code or similar program intended to damage, interfere with, intercept or expropriate any system, device, data or information;
- sending, receiving, accessing or using any communication, content or other material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, tortuous, harassing, hateful or otherwise harmful.
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of the Service or any other system, device or network or to breach security or authentication measures without proper authorization; and
- forging any TCP/IP packet header or any part of the header information in any transmission.
Engaging in prohibited conduct or other improper use of the Service is strictly prohibited. Violations may result in civil or criminal liability. First Watch reserves the right to investigate potential violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Without limiting any other available right or remedy, First Watch reserves the right to, and you agree that First Watch shall have the right, to (1) take such action as it deems, in its sole discretion, to be appropriate to protect against violations of these Terms or abuse of the Service and to otherwise protect its interest or the interests of others, including but not limited to removing, destroying or otherwise making unavailable offending material, temporary or permanent filtering, blocking access, and suspending or terminating the Service; and (2) investigate immediately and involve and cooperate with appropriate authorities regarding any actual or suspected illegal or unauthorized activities involving this Service.
Termination of Service
First Watch may, at any time and for whatever reason, change, terminate, limit or suspend the Service, in whole or in part, including your access to or use of the Service. In the event of termination, your rights to use the Service will immediately cease.
Accuracy, Completeness and Timeliness of Information and Communications
First Watch cannot guaranty that information, communications, content, or other material accessed through or presented by use of the Service is entirely accurate, complete, timely, or authentic, and does not assume any responsibility, liability or obligation for it. First Watch is under no obligation to post, forward, transmit, distribute, complete or otherwise provide any information, communications, content or other material via the Service.
Third Party Services, Materials and Content
Services, materials, and content provided by third parties, such as other websites, communication services, information, applications or other networks, have not been independently authenticated or tested in whole or in part by First Watch. First Watch does not provide, sell, license, or lease any such materials other than those specifically identified by us as being provided by First Watch. First Watch does not maintain or control such services, materials, and content and is not responsible in any way for it. First Watch provides the Service to you as a convenience, and your ability to use it to access any third party-provided services, materials, and content cannot be guaranteed. Availability of such services, materials, and content via the Service does not imply endorsement by First Watch.
Intellectual property, including trademarks, logos, and service marks as may be displayed in connection with the Service or in any other manner are registered and unregistered trademarks of First Watch, its affiliates, its licensors, and other third parties. All such trademarks, logos, and service marks are the property of First Watch and/or their respective owners. Nothing displayed or accessed in connection with the Service shall be construed as granting by implication, estoppels, or otherwise, any license or right to use any trademark, logo, or service mark displayed in connection with the Service without the owner’s prior written permission, except as otherwise described herein.
Infringement and Infringement Notice
First Watch respects the intellectual property rights of others and requires that you do the same as a condition of using the Service. You are prohibited from infringing, publishing, submitting, copying, uploading, downloading, posting, transmitting, reproducing, or distributing software, video or audio content, or any other material that is protected by copyright, trademark, patent, trade secret, any other type of intellectual property rights, trademark laws (by rights of privacy or publicity) or other proprietary right of any party unless you own or control the rights thereto or have received all necessary consent to do the same. This prohibition includes the use of any material or information including images or photographs that are made available through this Service.
If you have concerns about possible infringement of intellectual property rights, please notify us in writing. To be effective, the notification must be sent to our Designated Agent and must include all of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 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 First Watch to locate the material;
- Information reasonably sufficient to permit First Watch 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.
First Watch’s Designated Agent for notice of claims of copyright infringement can be reached as follows:
First Watch Restaurants, Inc.
8725 Pendery Place, Suite 201
Bradenton, Florida 34201-2006
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Site.
If you believe that the Service is being used by any person in a manner that violates these terms or the rights of others, or poses a viable security threat, you should report it to us immediately using the contact information provided at the end of these Terms.
DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE IS PROVIDED SOLELY AS A CONVENIENCE TO FIRST WATCH CUSTOMERS, GUESTS, EMPLOYEES, AND SERVICE PROVIDERS, ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT FIRST WATCH DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; NON-INFRINGEMENT; THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ACCESS TO OR USE OF THE SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF FIRST WATCH IS ON NOTICE OF SUCH PROBLEMS. YOUR USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK AND DISCRETION. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR DEVICES, OR LOSS OF DATA, THAT RESULTS FROM YOUR USE OF THIS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIRST WATCH OR ITS AFFILIATES SHALL CREATE ANY WARRANTY OF ANY KIND. FIRST WATCH DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING CONTENT, INFORMATION, MATERIALS, SERVICES OR OTHER NETWORKS ACCESSED VIA THE SERVICE IN TERMS OF COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, SAFETY, OR OTHERWISE.
LIMITATION OF LIABILITY OF FIRST WATCH
YOU ACKNOWLEDGE THAT ANY COMMUNICATIONS OR INFORMATION ACCESSED, SENT OR RECEIVED DURING USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE FULL RESPONSIBILITY FOR USE OF THE SERVICE AND THAT SUCH USE IS AT YOUR SOLE RISK AND DISCRETION.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FIRST WATCH OR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS (EXCEPT IN THEIR CAPACITY AS USERS OF THE SERVICE) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER NETWORKS ACCESSED OR OBTAINED THROUGH THE SERVICE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF PRIVACY, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FIRST WATCH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, DATA THEFT OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FIRST WATCH AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONTENT MADE AVAILABLE VIA THE SERVICE, OR CONDUCT OF ANY USER OF THIS SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FIRST WATCH IS TO IMMEDIATELY DISCONTINUE USE OF THE SERVICE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You agree to indemnify, defend, and hold harmless First Watch and its affiliates, and their officers, directors, employees, agents, suppliers, and vendors (except in their capacity as users of the Service) from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your breach of any provision of these Terms or any warranty or promise you provider herein, or otherwise arising in any way out of your use or accessing of the Service. First Watch reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with First Watch in defense of such matter.
Local Laws and Export Policy
First Watch and/or service providers that assist it in delivering and making available the Service control and operate the Service from the United States of America and make no representation that the Service is appropriate or available for use in other locations. You are responsible for ensuring that your use of the Service complies with applicable local laws, including but not limited to, the export and import regulations of the United States and other countries. You agree not to use the Service in a manner contrary to applicable export and import requirements, such as acquiring, shipping, transferring, or re-exporting, whether directly or indirectly, applicable technologies, software or other goods and services to proscribed or embargoed countries or destinations, or to their foreign nationals. You certify that you are not on the United States Department of Commerce’s Denied Persons List or affiliated lists or on the United States Department of Treasury’s Specially Designated Nationals List. You agree to comply with all applicable laws, including import and export laws, and assume sole responsibility for obtaining licenses to export or re-export as may be required.
These Terms and your use of the Service shall be governed by the laws of the State of Florida, without regard to conflicts of law principles, and First Watch shall have at all times the right to seek any injunctive or equitable relief available to it under applicable laws. The exclusive jurisdiction for all controversies or claims shall be the federal and state courts in the State of Florida, and you agree that such courts will have personal jurisdiction over you in such matters through your use of the Service.
These Terms constitute the entire agreement between you and First Watch regarding its subject matter, and it supersedes any prior or contemporaneous agreements between you and First Watch regarding its subject matter.
If any provision of these Terms is unlawful, void or unenforceable, the remaining provisions of the Terms shall remain in full force.
You may not assign this agreement or the rights and obligations under the Terms without the express prior written consent of First Watch, which may be withheld in First Watch’s discretion. First Watch may assign this agreement and its rights and obligations under the Terms without your consent.
How to Contact Us
Questions or comments about the Terms or the Service may be directed to firstname.lastname@example.org.