Harry's Proper Burger
Harry's Proper Burger

TERMS OF USE

Harry's Proper Burger Effective Date: December 15, 2025

IMPORTANT NOTICE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY HARRY'S PROPER BURGER ONLINE SERVICES (AS DEFINED BELOW). BY ACCESSING OR USING THE ONLINE SERVICES, YOU AGREE THAT ANY DISPUTE IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, DATA SECURITY, OR DATA PRIVACY WILL BE RESOLVED THROUGH BINDING ARBITRATION OR, WHERE APPLICABLE, SMALL CLAIMS COURT PROCEDURES, UNLESS OTHERWISE PROVIDED IN THE “MANDATORY ARBITRATION” SECTION BELOW. YOU ALSO AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING, AS SET FORTH IN THE “CLASS ACTION WAIVER” SECTION BELOW. BY ACCESSING OR USING THE ONLINE SERVICES, YOU ALSO AGREE TO OUR PRIVACY POLICY, WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE AND MAY BE UPDATED FROM TIME TO TIME.

1. Acceptance of These Terms

These Terms of Use (“Terms”) govern your access to and use of the websites, online ordering services, email communications, and other online services operated by Harry's Proper Burger ("Harry's," "we," "us," or "our"), including online ordering made available through third-party providers such as Square (collectively, the “Online Services”). By accessing or using the Online Services, you agree to be bound by these Terms. If you do not agree, you may not use the Online Services. You must be at least 13 years of age to use the Online Services.

2. Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will become effective when posted, as reflected by the updated Effective Date. Your continued use of the Online Services after changes are posted constitutes acceptance of those changes.

3. Use of the Online Services

The Online Services and all content made available through them, including text, images, graphics, logos, photographs, designs, layout, and overall look and feel (collectively, "Materials"), are owned by or licensed to Harry's Proper Burger and are protected by applicable intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Online Services solely for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works from, sell, or exploit any Materials without our prior written consent.

4. Availability and Modification of Services

We may modify, suspend, restrict, or discontinue any aspect of the Online Services at any time, without notice or liability. Not all products or services may be available at all times or at all locations.

5. User Conduct

You agree to use the Online Services in accordance with these Terms and all applicable laws. You agree not to:

  • Use the Online Services for any unlawful or fraudulent purpose

  • Attempt to gain unauthorized access to systems or networks

  • Interfere with the security or functionality of the Online Services

  • Use automated tools such as bots, scrapers, or spiders without permission

  • Submit false, misleading, or unlawful information

  • Infringe upon the intellectual property or rights of Harry's or any third party

We reserve the right to restrict or terminate access for violations of these Terms.

6. Submissions

Any feedback, comments, suggestions, ideas, or other materials you submit to us ("Submissions") are non-confidential and non-proprietary. By submitting content, you grant Harry's Proper Burger a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, display, and distribute such content for any lawful business purpose, without compensation. You represent that you have all necessary rights to submit such content and that it does not violate the rights of any third party.

7. Online Ordering and Payments

Online orders may be placed through third-party platforms, including Square ("Payment Processors"). Harry's Proper Burger does not store your payment card information. All payments are governed by the Payment Processor's own terms, conditions, and privacy practices. By placing an order, you authorize the applicable charges and represent that all payment information provided is accurate and authorized. Prices, menu items, availability, taxes, and fees may vary and are subject to change. Orders are final once submitted and charged, except as required by applicable law.

8. Third-Party Services and Links

The Online Services may include links to third-party websites, platforms, or services. These links are provided for convenience only. We are not responsible for the content, policies, or practices of third parties, including payment processors or social media platforms.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. Disclaimer of Warranties

THE ONLINE SERVICES AND ALL MATERIALS ARE PROVIDED ON AN "AS IS”"AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HARRY'S PROPER BURGER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE ONLINE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE TRANSACTION GIVING RISE TO THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Harry's Proper Burger and its owners, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising out of your use of the Online Services or violation of these Terms.

13. Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Informal Resolution Before initiating arbitration, you agree to attempt to resolve any dispute informally by contacting us at info@harrysproperburger.com with a written description of the issue. If the dispute is not resolved within sixty (60) days, either party may proceed to arbitration. Arbitration Agreement Any dispute arising out of or relating to these Terms, the Online Services, or your relationship with Harry's Proper Burger shall be resolved exclusively by binding individual arbitration, governed by the Federal Arbitration Act. YOU AND HARRY'S PROPER BURGER WAIVE THE RIGHT TO A TRIAL BY JURY. Arbitration will be conducted by a mutually agreed-upon arbitration provider, and the arbitrator may award relief only on an individual basis.

14. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

15. Right to Opt Out of Arbitration

You may opt out of the arbitration agreement by sending written notice within 30 days of your first use of the Online Services to: info@harrysproperburger.com Subject line: Arbitration Opt-Out

16. Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

17. No Agency Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Harry's Proper Burger.

18. Termination

We may suspend or terminate access to the Online Services at any time, for any reason, without notice or liability.

19. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

20. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Harry's Proper Burger regarding the Online Services.

21. Contact Us

For questions or concerns regarding these Terms, contact us at:

Harry's Proper Burger 416 S Palafox St Pensacola, FL 32502

Email: info@harrysproperburger.com