Last updated July 22, 2016
The Sites are offered for general purposes and are not targeted towards children under the age of 13. By using this Site, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may use a Site only with the oversight of a parent or guardian. If you do not meet all of these requirements, you must not access or use a Site.
With respect to information we collect and how use it:
We collect several types of information from and about users of our Sites, including information: (a) that personally identifies you, such as name, postal address, e-mail address, telephone number ("personal information"); (b) that is about you but individually does not identify you; and (c) about your internet connection, the equipment you use to access our Site and usage details.
We collect this information directly from you when you provide it to us and automatically as you navigate through the Sites. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
The information we collect on or through our Site may include information that you provide by filling in forms on a Site, records and copies of your correspondence (including email addresses and cell phone numbers) if you contact us, details of transactions you carry out through our Sites and the fulfillment of your orders. You may be required to provide financial information before placing an order through our Sites. You also may provide information to be published or displayed on public areas of a Site, or transmitted to other users of a Site or third parties.
As you navigate through and interact with a Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including, details of your visits to a Site, including traffic data, location data and other communication data and the resources that you access and use on a Site. We may also collect information about your computer and internet connection, including your IP address, operating system, and browser type. The information may also be disclosed to third party service providers for their use on our behalf in the course of providing their services to us, where such third party use is subject to the disclosures and terms set forth in this Policy. Except for such third party service providers, we do not disclose or share information collected from you to third parties for any other purpose.
The technologies we use for this automatic data collection may include cookies and web beacons (each as further described below).
We use information that we collect about you or that you provide to us, including any personal information to: (a) present our Sites and its contents to you; (b) provide you with information, products, or services that you request from us; (c) fulfill any other purpose for which you provide it; (d) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (e) notify you about changes to our Sites or any products or services we offer or provide though it; (f) allow you to participate in interactive features on our Site; (g) in any other way we may describe when you provide the information; (h) improve the performance of our Sites; and (i) for any other purpose with your consent.
We may also use your information to contact you about our own and third-parties' goods and services that may be of interest to you.
You are fully responsible for the content and correctness of details you send to us as well as for the non- violation of any third-party rights that may be involved in such details. No confidential relationship shall be established in the event that any user of a Site should make any oral, written or electronic response to us (such as feedback, questions, comments, suggestions, ideas, etc.) whether through a Site, Facebook, Twitter, e-mail, SMS, MMS, or otherwise. EXCEPT FOR YOUR PERSONAL INFORMATION, ALL INFORMATION YOU TRANSMIT TO US INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY AND WE SHALL BE FREE TO REPRODUCE, PUBLISH OR OTHERWISE USE SUCH INFORMATION FOR ANY PURPOSES WITHOUT ATTRIBUTION, COMPENSATION OR OTHER CONSIDERATION TO YOU. In particular, we are entitled to use the contents of such messages, including ideas, inventions, designs, images, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties in any medium or manner without any limitations and without incurring any obligation whatsoever to you, and by sending such information you waive all your rights thereto.
With respect to cookies:
We use "cookies" and "web beacons" (definitions below) to distinguish between different visitors to our Sites enabling us to provide customer efficiencies such as customized and targeted content on return visits. Some of the cookies we place are intended to be persistent in that they will remain on your computer between visits to our Sites. Other cookies are temporary “session cookies” which enable the functionality that allows users to add items to a shopping cart and continue browsing a Site.
Pages of our Sites and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) ("Web Beacons") that permit Eat'n Park, for example, to count users who have visited those pages or opened an email and for other related Site statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Disclosure of Your Information:
With respect to changes to this Policy:
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Policy. If our information practices change at some time in the future we will contact you before we use your data for these new purposes to notify you of the policy change and to provide you with the ability to opt out of these new uses. Customers may prevent their information from being used for purposes other than those for which it was originally collected by calling us at the number provided above, e-mailing us at the above address, writing us at the above address.
With respect to personal information we retain about you:
Upon request we provide Site visitors with access to the personal information that we maintain about them such as unique identifier information (e.g., customer number or password), transaction information (e.g., dates on which customers made purchases, amounts and types of purchases), communications that the consumer/visitor has directed to our Sites (e.g., e-mails, customer inquiries), contact information (e.g., name, address, phone number). Consumers can access this information by contacting us at the address, telephone number or email address provided below.
You may also send us an email at firstname.lastname@example.org to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
With respect to email communications:
Eat’n Park registered users, who have opted-in to receive email communications from us, agree to receive periodic service-related email messages from us, including but not limited to monthly, quarterly or seasonal newsletters, special offers, coupons, recommended items, abandoned shopping cart reminders, and new content and features deemed of interest to you. We respect your privacy and will not share your personal information, including email address, with third parties except as otherwise provided for in our Policy. Registered users have the right to opt out of all email communications from us by clicking on the "opt out" link at the bottom of all email messages.
If you do not want to receive e-mail from us in the future, please let us know by sending us e-mail at the address below, calling us at the telephone number below, or writing to us at the address below.
With respect to security:
We always use industry-standard encryption technologies when transferring and receiving consumer data exchanged with our Sites, when we transfer and receive certain types of sensitive information such as financial or health information, we redirect visitors to a secure server and will notify visitors through a pop-up screen on our Sites.
If you feel that a Site is not following this Policy, you may contact us at the above addresses or phone number.
Our postal address is:
285 East Waterfront Drive
Homestead, PA 15120
We can be reached via e-mail at email@example.com or you can reach us by telephone at 412-461-2000.
Latest Revision: July 22, 2016
This Site is offered for general purposes and is not targeted towards children under the age of 13. By using this Site, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may use the Site only with the oversight of a parent or guardian. If you do not meet all of these requirements, you must not access or use the Site.
1. License of Use
Viewing this Site creates a copy of Eat'n Park materials in your computer's random access memory and/or on your hard drive and/or on your proxy server ("Cache Copy"). You may download Cache Copies of Site Materials (as defined below) for the sole purpose of increasing the speed and efficiency at which you access the Site and may download material that is expressly made available on a download basis, if any. No other copy of any portion of the Site or Site Materials is authorized or otherwise permissible except as specifically permitted hereunder, and such unauthorized copy shall constitute an act of copyright infringement. If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features.
As used herein, "Site Materials" refers to all materials and content available through the Site including without limitation human readable audio and/or visual elements of the Site, user generated content, user posted materials and, any other text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Site.
Use of the Site and Site Materials and permission to download Cache Copies as outlined above are granted as a license, not a transfer of title, and are subject to the following restrictions:
- You may not modify, alter, or adapt the Site Materials, create derivate works based upon any Site Materials, or use them for any commercial purpose or any other distribution, public display, performance, sale, or rental.
- You may not decompile, reverse engineer, or disassemble software materials.
- You may not remove any copyright notice or other proprietary notices from the Site Materials.
- You may not transfer any of the Site Materials to another person.
- You agree to prevent any unauthorized copying of the Site Materials.
2. Prohibited Uses
- In any way that violates any applicable federal, state, or local law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Eat'n Park or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the Site Material.
- Use any manual process to monitor or copy any of the Site Material or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
5. Copyrights and Trademarks
This Site and the Site Materials within it are Copyright 2004-2016 Eat'n Park Hospitality Group, Inc. The trademarks, service marks, and logos (hereinafter the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Eat'n Park and others. Nothing on this Site should be construed as granting any license or right to use any Trademarks displayed on the Site without the prior written consent of the Trademark's owner. Fair use of Eat'n Park's Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Eat'n Park enforces its intellectual property to the fullest extent of the law. The name of Eat'n Park Restaurant, Smiley Cookie, Parkhurst Dining, Hello Bistro, Six Penn Kitchen, SmileyCookie.com, The Porch, and any other Eat'n Park formatives may not be used in any other way without prior written permission from Eat'n Park.
You may be required to create an account to access or use certain areas of the Site. If you choose to create an account, you are responsible for maintaining the confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify Eat'n Park immediately of any unauthorized access or use of your account or password, or any other breach of security.
7. Content Posted by You
Any User Content that you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you grant Eat'n Park and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have fully responsibility for such content. Eat'n Park is not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Site.
8. Monitoring and Enforcement; Termination
Eat'n Park has the right to in its sole discretion to: (a) remove or refuse to post any User Content; (b) take any action with respect to any User Content that it deems necessary or appropriate; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and (e) terminate or suspend your access to all or part of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS EAT'N PARK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9. Links To and From Third Party Sites
Eat'n Park prohibits the use of any Eat'n Park Trademarks as part of a hyperlink to or from any website unless establishment of such a link is approved in advance by Eat'n Park in writing. This Site may contain links to websites owned or operated by parties other than Eat'n Park. Such links are provided for your reference only. Eat'n Park does not control outside websites and is not responsible in any manner for their content.
Eat'n Park's inclusion of links to an outside website does not imply any endorsement of the material on the website or, unless expressly disclosed otherwise, any sponsorship, affiliation, or association with its owner, operator, or sponsor. Eat'n Park's inclusion of such links is not an authorization to make use of any trade name; trademark; logo; legal or official seal; copyrighted symbol; or material that may be reflected in the linked Site.
10. Eat'n Park Information
Eat'n Park may make employment information available through this Site. Eat'n Park is an equal opportunity employer. Eat'n Park provides equal employment opportunity to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability.
11. Disclaimer of Warranties and Limits of Liability
The information, material, services, and products included on this Site may include inaccuracies or typographical errors. Eat'n Park may make changes or improvements to this Site at any time.
You understand that through your use of the Site you may encounter content, including User Content that may or may not have been pre-screened by Eat'n Park, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site at your sole risk and that Eat'n Park shall have no liability to you for the type of content that you may access, including without limitation content that you may find offensive, indecent, or objectionable.
The materials on this Site are provided "as is" and without warranties of any kind, either expressed or implied, to the fullest extent permissible pursuant to applicable law. Eat'n Park disclaims all warranties of merchantability and fitness for a particular purpose. Eat'n Park does not warrant that the Site or the functions contained in the material on the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that it resides on will be free of viruses or other harmful components. Eat'n Park does not warrant or make any representations regarding the use of the Site or the result of the use of the materials in this Site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. Eat'n Park will not have any liability or responsibility for your action or inaction in connection with this Site or for any damage to your computer or data or any other damage you may incur in connection with this Site. In no event shall Eat'n Park, its affiliates, or its agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Site, the delay or inability to use this Site, or otherwise arising in connection with this Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such damages. Your use of this Site, including but not limited to the use of any interactive area, is at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you.
13. Jurisdiction and Venue
This Site is owned and operated by Eat'n Park Hospitality Group, Inc., from the Commonwealth of Pennsylvania, United States of America. Eat'n Park makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
15. Limitation on Time to File Claims
16. Contacting Us
Eat'n Park Hospitality Group, Inc.
285 E. Waterfront Dr.
Homestead, PA 15120
Although Eat'n Park will, in most circumstances, be able to receive your email or other information provided through this Site (including, without limitation, service requests or other submissions), Eat'n Park does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that Internet email typically is not secure.
Copyright 2004-2016 Eat'n Park Hospitality Group, Inc. All rights reserved.