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General

If we fail to act with respect to your breach or anyone else's breach of these Terms on any occasion, we do not waive our right to act with respect to future or similar breaches. These Terms constitute the entire agreement between you and us regarding your participation in the Program, your entitlement to earn rewards through the Program, and your entitlement to any other benefits of the Program, and supersede all prior agreements between us, whether oral or written, including, without limitation, all previous versions of these Terms. If any provision of these Terms (including limitations of liability) is held by a court of competent jurisdiction to be void, invalid, contrary to law, or unenforceable for any reason, such provision shall be deemed changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement shall remain in full force and effect. We are the final authority as to the interpretation of these Terms and as to any other questions or disputes regarding the Program or any reward.

privacy policy

EVAN’S PRAIRIE RESTAURANT® PRIVACY POLICY We want to make your online experience satisfying and safe. We want to provide you with the means to control your privacy and give you a way to voice questions or concerns you may have. When you use our website certain information about your online activity is collected. We use this information to determine our website users’ preferences, to design initiatives to meet those preferences, to eliminate online hassles, and to generally make your online Evan’s Prairie Restaurant® experience more satisfying. Very infrequently, we may initiate a program, service or survey that requests your name, birthday, e-mail address, city of residence, zip code, or information about what you like and do not like about Evan’s Prairie Restaurant. We recognize that the loyalty of our customers depends upon our relationships with them and we strongly support the rights of customers to maintain privacy of personal data. Don’t worry; at Evan’s Prairie Restaurant, your personal information is safe. We don't give, share, sell, lend or let other people take a sneak peek at your information. Our Commitments to Your Family Like you, we have children of our own and are concerned about their safety when they use the Internet. We want you and your family to be safe while visiting our website. That is why, consistent with the Federal Children's Online Privacy Protection act of 1998 (COPPA), we do not offer program participation to minors and will never knowingly request information from children. For more information about protecting the privacy and safety of minors online, we recommend you visit http://www.ftc.gov/privacy/privacyinitiatives/childrens.html. What Information Do We Collect? We collect information in several different ways. We collect the domain name of visitors to our web pages, user-specific information on the pages visitors access, and information such as survey information or other information that you provide voluntarily. Like many other commercial websites, our website may employ a standard technology called a "cookie" to collect information about how our site is used. In addition, we may from time to time provide direct links to news sites featuring articles about Evan’s Prairie Restaurant, which would be subject to those sites’ policies. How the Information Is Used We use the information that we collect to understand your preferences and history using our website and related services. With this information we make it easier and more rewarding for you to use our website, any related services, and enjoy your guest experience at our restaurants (in the case of voluntary surveys). Our ability to provide enhanced services may occasionally depend on our ability to develop summary reports for our advertising agents that contain raw numbers or statistics (but never tell them who it was that stated a preference or clicked on an option). It is our policy to never send messages to website users unless they request that we do so. Who Has Access to Your Personal Information The information that you provide is collected by EVAN’S PRAIRIE RESTAURANT. In the case of links to our gift card and guest recognition sites, the information you voluntarily provide at those sites will only be shared with those service vendors who help EVAN’S PRAIRIE RESTAURANT administer those website and the services they provide. In any case, EVAN’S PRAIRIE RESTAURANT is the lawful “owner” of the information and each of these vendors may use the information only for the purpose of administering the website and its services for EVAN’S PRAIRIE RESTAURANT, and will take all necessary precautions to protect the information. Ownership of any information you provide us will be held solely by EVAN’S PRAIRIE RESTAURANT. We will not sell ownership of this data to any other company or organization. We will not transfer information to competitors. Your information will always be used only to help us ensure that our website and any related services meet your expectations. At Evan’s Prairie Restaurant®, your personal information is safe. We don't give, share, sell, lend or let other people take a sneak peek at your information. Information Distribution It is our strict policy not to share your personal information or preferences with any third party, except as is necessary to operate and improve our website, or to provide any service requested by you on our website. Although unlikely, we may be required by law enforcement or judicial authorities to provide personally identifiable information to the appropriate governmental authorities. If requested as part of a legal proceeding, we will provide this information upon receipt of the appropriate documentation. It is not our usual policy but from time to time we may permit other companies to place advertising on our website, and these companies may collect information about you through the use of cookies when you view or click on their advertising or content (using the same techniques described above). Due to the way the Internet operates, we cannot control this collection of information. You should contact these advertisers or content providers if you have any questions about their use of the information they collect. There may be links that will let you leave our website, such as when purchasing a Evan’s Prairie Restaurant gift. Except for websites directly related to Evan’s Prairie Restaurant programs and services, we cannot control the links or their websites and we are not responsible for the contents of any linked website or any link contained in a linked website. The inclusion of any link does not imply endorsement of the website. The use and/or privacy provided by a linked website as to any information you provide in accessing that website is in no way subject to our privacy policy. Any linked website may have its own policy that could differ considerably from our policy, or the linked website may not display any privacy policy at all. In any case, even though a linked website is accessed through our website, we cannot be responsible for any use that a linked website may make of your information. What Kind of Security Procedures Are in Place to Protect the Loss, Misuse or Alteration of Information Under the Company's Control We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers. Any particularly sensitive information, such as a customer's credit card number, is encrypted prior to transmission. To the extent that administration of the program requires us to grant our Service Vendors access to customer information, we insist that they implement similar controls. Your Acceptance of These Terms By using this site, you agree to our Privacy Policy. We may also change the policy from time to time, so please be sure to visit this site often to see if anything has changed. If we post changes and you EVAN’S PRAIRIE RESTAURANT® TERMS AND CONDITIONS PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use this site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of EVANSPRAIRIECC.COM following the posting of changes to these terms will mean you accept those changes. TERMINATION EVAN’S PRAIRIE RESTAURANT or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all EVAN’S PRAIRIE RESTAURANT sites, and (b) all related documentation and all copies and installations (together, the "Materials"). EVAN’S PRAIRIE RESTAURANT may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. JURISDICTION These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. Except as otherwise described, all materials in this site are made available only for informational purposes. EVAN’S PRAIRIE RESTAURANT makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities. LIMITATIONS OF LIABILITY AND RELEASE OF CLAIMS AGAINST US. NEITHER BOINFAY COUNTRY CLUB, ITS PARENTS, AFFILIATES, OR SUBSIDIARIES, PROGRAM AFFILIATES, SUPPLIERS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS ("ASSOCIATES") SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIM, LOSS, INJURY, DAMAGE, DELAY, ACCIDENT, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS OF SUIT), NOR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "LOSSES AND DAMAGES"), DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO (I) THESE TERMS; (II) THE PROGRAM OR THE WEBSITE; (III) ANY FAILURE, DELAY OR DECISION BY US IN ADMINISTERING THE PROGRAM; (IV) ANY UNAUTHORIZED USE OF A CARD OR ANY BREACH OF SECURITY BEYOND OUR REASONABLE CONTROL; (V) ANY OFFER, REPRESENTATION, STATEMENT OR CLAIM ABOUT THE PROGRAM MADE BY US OR ANY ASSOCIATE OR ANY OTHER PERSON OR ENTITY; OR (VI) THE PURCHASE, REDEMPTION FOR OR USE OF ANY REWARDS WHETHER MADE AVAILABLE BY US, ONE OF OUR ASSOCIATES OR ANY OTHER PERSON OR ENTITY, OR OTHERWISE. The foregoing limitations of liability shall apply whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis, even if we or our affiliates or our or their representatives have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of other remedies. IN NO EVENT SHALL OUR AND OUR AFFILIATES' MAXIMUM COMBINED AGGREGATE LIABILITY HEREUNDER FOR ANY CAUSE WHATSOEVER IN ANY CALENDAR YEAR ARISING OUT OF OR IN CONNECTION WITH ANY OF THE MH ANY OF THE MATTERS DESCRIBED ABOVE EXCEED TWENTY-FIVE UNITED STATES DOLLARS (U.S. $25.00). By participating in the Program you hereby agree: (a) to release us and all of our affiliates, subsidiaries, franchisees, Program partners, vendors, distributors and independent contractors, and each of their officers, directors, employees and agents from any and all liability, loss or damage incurred with respect to the issuance, receipt, possession, and/or use or misuse of any reward; (b) under no circumstances will you be permitted to obtain rewards for, and you hereby waive all rights to claim, punitive, incidental, consequential, special or any other damage or loss, other than for actual out-of-pocket expenses; (c) all causes of action or claims arising out of or connected with the Program, or any reward shall be resolved individually, without resort to any form of class action; and (d) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys' fees and court costs. NO WARRANTY THE PROGRAM AND THE WEBSITE ARE PROVIDED "AS-IS," WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR ARISING BY OPERATION OF LAW, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE PROGRAM AND THE WEBSITE. GOVERNING LAW Your application for enrollment, participation, and redemption of rewards in connection with the Program are subject to our verification and acceptance, which acts shall be deemed made, performed, transacted, and closed in the State of Florida, USA. By participating in the Program, you agree that the laws of the State of Florida, without regard to any conflict of laws rules, will govern your and our observance of these Terms. Remember the Alamo!