Legal | Primanti Bros.

TERMS OF USE

Effective Date: February 10, 2023

Authentic Restaurant Brands and its affiliated brands, including PJ Whelihan’s, Central Taco, Pour House, Treno Pizza Bar, Chophouse, Chophouse Grille, Primanti Bros, and Mambo Seafood (“Authentic Restaurant Brands,” “ARB,” “we,” “us,” or “our”) provides these Terms of Use (“Terms”), which govern your access and use of our website, www.PrimantiBros.com and the websites of our affiliated brands (each individually a “Site”, collectively, these “Sites”), products and services, including without limitation any content, material, information, application, software (collectively, together with the Sites, the “Services”). Please read the Terms carefully before accessing or using our Services to understand your rights, obligations, and restrictions. Our Services are intended solely for individuals who are at least 18 years old or have otherwise reached the age of majority in your jurisdiction. In these Terms, “you” or “your” will refer to you as the end user of the Services.

By using our Services, you agree to be bound by these Terms, and represent and warrant that you are at least 18 or have reached the age of majority in your jurisdiction and have the power and authority to agree to these Terms. You also represent and warrant that all information you provide to us is accurate, current, and complete, and will use the Services only as set forth in these Terms. If you do not agree with the Terms, please do not use the Services.

Consent to Electronic Communications

You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Site, e-mail, text message, or another website. When you visit our Site, use the Services, or communicate with us electronically, you consent to receive communications from us electronically and to electronically sign documents. For additional information about our text message communications, please see our SMS Short Code Terms and Conditions [insert link to the SMS Short Code Terms and Conditions].

You agree that you have the ability to store electronic communications such that they remain accessible to you in an unchanged form. We will retain a copy of any agreement or document you sign electronically, including through our Services, and you are responsible for retaining a copy of any agreement or document you sign electronically.

You may withdraw your consent to receive communications electronically by sending us an e-mail at marketing@primantibros.com or writing to us at Primanti Bros. 424 S. 27th Street, Pittsburgh, PA 15203

Privacy Policy

Your personal information and privacy are important to us. The collection, use, and sharing of your personal information through the Site and while you use the Services are subject to our Privacy Policy [insert link to the Privacy Policy], which is hereby incorporated into the Terms.

Proprietary Rights, License and Restrictions

The Services you have accessed and all of its contents as a whole and in part are protected by copyrights, trademarks, service marks, trade names, international treaties, and/or other proprietary rights and applicable laws, and are owned or controlled by the ARB, its affiliates and licensors. You agree to protect the proprietary rights of us and all others having rights in the Services. YOU HAVE NO OBLIGATION TO PROVIDE ARB WITH IDEAS, SUGGESTIONS, OR PROPOSALS RELATING TO THE SITE, PRODUCTS, SERVICES, BUSINESS OR TECHNOLOGY OF ARB (COLLECTIVELY FEEDBACK”). HOWEVER, IF YOU SUBMIT FEEDBACK TO ARB IN ANY WAY, THEN YOU HEREBY IRREVOCABLY ASSIGN TO ARB ALL RIGHT, TITLE, AND INTEREST IN, AND ARB IS FREE TO USE, WITHOUT ANY ATTRIBUTION OR COMPENSATION TO ANY PARTY, THE FEEDBACK, FOR ANY PURPOSE WHATSOEVER, ALTHOUGH ARB IS NOT REQUIRED TO USE ANY FEEDBACK.

Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to use the Services for your own personal or legitimate business purposes. You acquire absolutely no rights or licenses in or to the Services or materials contained within the Services other than the limited right for you to access and use the Services in accordance with the Terms. Except for the limited license granted in these Terms, ARB and its licensors retain all right, title, interest and all proprietary rights in and to the Services, including without limitation copyrights, patents, trademarks, service marks and trade names. ARB may change, suspend, or discontinue any aspect of the Services at any time, without any liability or obligation to you. ARB, its suppliers and service providers reserve all rights not granted in these Terms.

You agree that, while using the Services, you are solely responsible for the content or information you publish, display or otherwise communicate in any manner, or transmit to other users of the Services. You will not post on the Services, or transmit to other users, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, tortious or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

You agree that, while using the Services, you will not, and will not permit any third party to: (i) post or transmit through the Services any material which contains advertising or any solicitation with respect to products or services; (ii) remove any proprietary notices, including copyright and trademark notices, or labels from the Services on any materials accessed through the Services; or (iii) reverse engineer, decompile, disassemble, modify or create works derivative of the Services or any materials trademark notices, or labels from the Services on any materials accessed through the Services. You are solely responsible for ensuring your use of the Services is in compliance with all applicable foreign, federal, state and local laws, rules and regulations.

You may use and access the Services solely for your personal, non-commercial use. All use of the Services must be in accordance with these Terms. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Services or any contents, information, data or materials provided through the Services in any manner not expressly permitted by these Terms. You may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services or in any way reproduce or circumvent the navigational structure or presentation of the Services to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Services; (ii) attempt to gain unauthorized access to any portion or feature of the Services, including without limitation, data or materials not intended for you, the account of any other authorized user or any other systems or networks connected to the Services or to any server used by ARB, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) violate or attempt to violate the security of the Services, including without limitation, probe, scan, or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services, or any network connected to the Services; (iv) attempt to interfere with the Services being provided to any user, host or network, including, without limitation, by means of submitting a virus to the Services, overloading, “flooding,” “mailbombing” or “crashing” the Services; (v) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Services; (vi) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or systems or networks of ARB or networks connected to the Services; (vii) use any device, software, or routine to interfere with the proper working of the Services or any transaction being conducted on the Services, or with any other person’s use of the Services; (viii) use the Services to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Services; (x) create an intact reproduction of a page or pages of Services into another service; or (xi) use the Services in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ARB.

Use of Trademarks and Other Marks or Rights

You may not use any of our trademarks, trade names, service marks, copyrights, or logos, or our partners’, affiliated entities’, licensors’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including but not limited to Authentic Restaurant Brands, in any manner which creates the impression that such items (i) belong to or are associated with you or indicate the sponsorship or approval of us, our licensors, any partners, affiliates, or their licensors; or (ii) except as otherwise provided herein, are used with our partners’, affiliates’, or their licensors’ consent, and you acknowledge that you have no ownership rights in or to any such items.

Termination

These Terms will take effect the moment you access or use the Services and will be in effect until terminated as set forth below. The right to access the Services will automatically terminate in the event you breach any of these terms. Termination will be effective without notice. You may terminate these Terms at any time by ceasing to use the Services. All applicable provisions of these Terms as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Services in your possession. The following will survive termination of these Terms for any reason: ARB’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.

Disclaimer of Warranties and Limitations of Liability

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. YOU ACKNOWLEDGE THAT THE SERVICES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES AND LINKS CONTAINED IN THE SERVICES, IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON- INFRINGEMENT, TITLE, QUIET ENJOYMENT, QUALITY OF INFORMATION, ACCURACY OR COMPLETENESS OF DATA, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. ARB DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, THIRD PARTY MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH LINKS ON THE SERVICES. ARB DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT ARB IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

We do not warrant that the Services are compatible with your equipment or that the Services, or e-mail sent by us or our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that we and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by our negligence or that of our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Services caused by your computer equipment or arising from your use of the Services on such equipment.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR PARTNERS AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES, THE SERVICES’ CONTENT OR PRODUCTS, ANY THIRD PARTY MATERIALS OR PRODUCTS AVAILABLE OR SOLD ON OR THOUGH THE SERVICES, OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ANY CASE, THE ENTIRE LIABILITY OF ARB AND AFFILIATES AND LICENSORS UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO TWENTY-FIVE DOLLARS ($25).

Third-Party Websites and Links

ARB may allow access to third party information, products, services, and other materials (collectively “Third Party Materials”), including via links. The content of other websites, services, goods, advertisements, or other Third Party Materials that may be linked to or from the Services is not maintained, endorsed or controlled by us. We are therefore not responsible for the availability, content, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, safety or accuracy of Third Party Materials, or any intellectual property rights therein, that may be linked to or from the Services. In addition, the availability of any Third Party Materials through the Services does not imply the ARB’s endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Such third parties may have a privacy policy and/or terms of use that are different from ARB’s and may provide less security than ARB. Notwithstanding anything to the contrary herein, ARB is not responsible or liable for any such differences or discrepancies within the Third Party Materials. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (b) verify or guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, services, goods or other Third Party Materials that may be linked to or from the Services; or (c) make any endorsement, express or implied, of any other websites, services, goods or other Third Party Materials that may be linked to or from Services. You agree to access these other websites, services, goods, advertisements or other Third Party Materials at your own risk. For the avoidance of doubt, this paragraph covers websites linked to or from the Services. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).

WE DISCLAIM ANY AND ALL LIABILITY, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES, WHETHER ORAL OR WRITTEN, FOR WEBSITES, SERVICES, GOODS, INFORMATION, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM, OR PROVIDED THROUGH, THE SERVICES. YOU ACKNOWLEDGE THAT NO REPRESENTATION HAS BEEN MADE BY US AS TO THE FITNESS OF THE WEBSITES, SERVICES, GOODS, ADVERTISEMENTS OR OTHER THIRD PARTY MATERIALS THAT MAY BE LINKED TO OR FROM THE SERVICES. YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR SOLE RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF USE OR PRIVACY POLICY OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).

You may link to the Services provided that you do so in a way that indicates that the link is direct to the Services and is fair and not misleading. You may not integrate or make use of all or part of the Services in ways that would confuse or mislead visitors as to the nature and origin of the Services’ content.

Indemnification

You agree, at your own expense, to indemnify, defend, and hold harmless us and our partners and affiliates and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action, or other proceeding from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, or any links on the Services, including but not limited to: (i) any breach or violation of the Terms by you; (ii) material, information, or content submitted or provided by you; (iii) your use of the Services; or (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, the Services by you. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense.

Governing Law

The Terms shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York, New York with respect to any legal proceedings that may arise in connection with the Services or from a dispute as to the interpretation or breach of the Terms and hereby waive any objection to the propriety or convenience of venue in such courts. These Terms shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. These Terms constitute the entire understanding and agreement between ARB and you with respect to the Services and any transactions contemplated in these Terms, and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms, all of which are merged into these Terms. You may not modify, amend or alter in any way these Terms. In the event any provision of these Terms are found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms will remain valid and enforceable according to its terms. Any failure by ARB to strictly enforce any provision of these Terms will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.

Digital Millennium Copyright Act (“DMCA”) Notice

ARB is committed to complying with copyright and related laws, and requires all users of the Site to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Services in any manner that constitutes infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of ARB to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to ARB by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, ARB encourages you to contact ARB immediately.

If you believe that any content appearing on the Services has been copied and posted using the Services in a way that constitutes copyright infringement, please provide a written communication containing the following information to the Copyright Agent named below:

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • The exact URL or a description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The designated Copyright Agent to receive notification of claimed infringement under Title II of the Digital Millennium Copyright Act is: Ryan Wilkinson at 424 S. 27th Street, Pittsburgh, PA 15203

International Users

While the Services are controlled and operated within the United States, this publication may be distributed internationally and may contain references to ARB services, products, and programs that are not in your country. These references do not imply that ARB intends to announce or provide the programs, products, or services in your country. ARB makes no representation that content, materials or products available on or through the Services are appropriate or available for use outside of the United States. If you access or use the Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, local national ARB society rules and policies, and U.S. export laws and regulations.

Modifications to the Terms

Authentic Restaurant Brands reserves the right to change or modify the Terms at any time, and such modification shall be effective immediately upon posting to the Site. Your access to or use of the Services after the posting of modifications to the Terms will constitute your acceptance of the modifications.

Privacy Policy

Effective Date: February 2023

Authentic Restaurant Brands and its affiliated brands, including PJ Whelihan’s, Central Taco, Pour House, Treno Pizza Bar, Chophouse, Chophouse Grille, Primanti Bros, and Mambo Seafood (“Authentic Restaurant Brands,” “ARB,” “we,” “us,” or “our”), are committed to protecting the personal information we collect about you. This Privacy Policy explains the personal information we collect, use, and share when you visit or use our website, www.PrimantiBros.com and the websites of our affiliated brands (collectively, these “Websites”). This Privacy Policy applies to all products, services, and websites (collectively, the “Services”) offered by or affiliated with Authentic Restaurant Brands. This Privacy Policy does not apply to information collected through third-party websites or services that you may access through the Websites. By using the Websites, you agree to the terms of this Privacy Policy.

Information We Collect and How We Collect It

Depending on how you use the Websites and the features, we or third-parties working on our behalf may collect Personal Information from or about you. “Personal Information” includes any information that we collect about you that, alone or in combination with other information, can be used to identify you, such as a personal identifier, an identification number, online identifiers, or inferences about your preferences. Personal Information does not include publicly available information or information that is anonymous or aggregated so that it cannot be used to identify individuals who use the Services. The types of Personal Information we collect depend on the purposes for which you provide that information to us.

Use of the Websites or Visits to Our Locations. We may collect and process Personal Information, including but not limited to, your name, address, phone number, email address, gender, date of birth, and any other information that you provide to us when you interact with our Services.We may also collect your username and password if you create a loyalty account with one of our affiliated brands. Additionally, if you place an order on our Websites or in one of our affiliated brands’ restaurants, you may be asked to provide payment card information or gift card information. We work with a third-party payment processor to securely process your payments on our behalf. We do not process or store your payment card information. Automatically Collected Information. We collect information about how you use the Services and the devices you use to access the Websites, such as device manufacturer, operating system, domain name, IP address, and geolocation from all website visitors (“Automatically Collected Information”). We use Automatically Collected Information internally to help us improve your experience with the Websites, provide you with advertising for our Services, and to assess the usage of our Services.

Professional or Employment Information. If you are an ARB employee or apply for employment with us, we may collect other certain information, such as financial information (including bank account and tax information), employment eligibility, information regarding your job history and other professional qualifications, and similar employment-related information.

How We Use Your Information

We and third-parties working on our behalf may use the information we collect about you for various purposes, including:

  • To respond to your request or to communicate with you;
  • To provide you with information or Services you requested;
  • To personalize your experience on the Websites or with the Services;
  • To enforce the Websites’ Terms of Use;
  • To send email communications or information about our Services that may be of interest to you;
  • To analyze usage trends;
  • To deliver advertisements for our Services on third-party platforms and websites;
  • To conduct surveys, sweepstakes or contests;
  • To provide loyalty programs or other promotions;
  • To improve and enhance the functionality of our Services and the Websites;
  • For recruitment and employment-related purposes (including conducting background checks and employment eligibility verification, for interview purposes, payroll administration and employee timekeeping, benefit administration); and
  • For other legitimate business purposes.

In certain circumstances, we may aggregate and/or de-identify information collected for additional purposes.

How Your Information is Shared

We do not share your Personal Information with or to any third-party not affiliated with the ARB group for direct marketing purposes. However, we may “share” your Personal Information, as such term is defined by the California Consumer Privacy Act, with third-parties to deliver advertising that is more relevant to you. Please see the Cookie Policy for more information. We will only share your Personal Information as described in this Privacy Policy, including in the following circumstances:

  • To share information with authorized service providers, vendors, and other third parties that assist in operating our business, including services related to payment processing, customer service, fraud detection, email deployment, advertising, and other services;
  • To share information within the ARB group, including for purposes related to managing loyalty programs;
  • To comply with the law or to respond to a subpoena, court order, or other legal process;
  • As a part of a corporate transaction, such as a sale or transfer of company assets, merger, consolidation, bankruptcy proceeding, or as otherwise legally permitted;
  • To protect our interests, rights, safety, or property or those of others;
  • To produce relevant documents or information in connection with litigation, arbitration, mediation, government or internal investigations, or other legal or administrative proceedings; and
  • Any other sharing or disclosure with your consent.

Our Retention of Your Information

We may retain Personal Information for as long as reasonably necessary to fulfill the purposes for which it was collected. In some circumstances, we may retain Personal Information for longer periods of time as necessary to comply with legal or regulatory requirements.

Cookie Policy

We and third-parties working on our behalf may also place, view, and/or use cookies and other electronic tools to collect information about your use of the Websites. A cookie is a small text file placed on your computer. Cookies help us understand how our Websites are being used and improve your user experience. Personal Information collected by cookies may include your device’s IP address, browser type, operating system, computer platform, web pages viewed, and/or the date and time of your visit. We or third-parties, including Google Analytics, may use such information for certain purposes, including to support functions on the Websites, to enhance your experience with the Websites, to provide you with advertising that is relevant to you, or to analyze and compile the usage of the Websites.

Google Analytics collects certain Automatically Collected Information from visitors to our Websites for these purposes. For more information about Google Analytics, please review Google Analytics’ Privacy and Terms, located here.

Most browsers include tools to manage or disable cookies. You can visit the help function on most browsers to modify how your browser handles cookies. However, if you disable cookies, certain features of the Websites may not function or function properly.

  • Web Beacons. Web beacons are tiny graphic image files embedded in a web page or email that allow website operators to check whether you have viewed a particular web page. We use the information collected by web beacons to monitor how many people are using our Websites.
  • “Do Not Track” Signals. Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. Our Websites do not currently respond to “Do Not Track” signals.

Security

We use reasonable administrative, physical, and technical safeguards designed to prevent unauthorized access, use, or disclosure of your Personal Information. Although we exercise reasonable care in providing secure transmission and storage of the Personal Information you provide to us through the Websites, no method of transmission over the Internet, and no means of electronic storage, is absolutely secure. Accordingly, we cannot guarantee the absolute security of your Personal Information.

Links to Third-Party Websites

The Websites may contain links to third-party websites. We do not control third-party websites and are not responsible for any information you may provide while on such third-party websites. Any information provided on such websites is governed by the privacy policies of the third-party websites and not this Privacy Policy. We encourage you to read the privacy policies on those websites before providing your information on such websites.

Children’s Privacy

The Websites are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under 13. If you are under 13, you are prohibited from using or providing any information through the Websites or any of its features. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will promptly delete that information.

Transfer of Personal Information

Authentic Restaurant Brands and its affiliates are based in the United States, and the Websites are designed for users in, and operated from, the United States. If you reside outside the United States and use our Websites or otherwise provide information to us, you acknowledge that your information will be transferred to and processed in the United States and in accordance with the laws of the United, which may not provide the same levels of privacy protection as the laws in your jurisdiction.

Marketing Communications

We may email marketing correspondence to you about our Services. To unsubscribe from these communications, please follow the unsubscribe instructions contained in the emails or contact us using the contact information below.

If you sign up to receive text messages from us, you agree to receive occasional promotional communications. To opt out of receiving future text messages from us, you can respond to the text message with “STOP” or “UNSUBSCRIBE”.

Modifications to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time by posting the revised version on the Websites and updating the last modified date. We encourage you to review the Privacy Policy whenever you access the Websites or otherwise interact with us to stay informed about our privacy practices.

Questions Regarding this Privacy Policy

If you have questions regarding this Privacy Policy, please contact us through the channels listed below. Please include “Privacy” in the subject line of your inquiry.

By mail: Primanti Bros. 424 2. 27th Street, Pittsburgh, PA 15203

By email:marketing@primantibros.com

SMS Short Codes Terms and Conditions

Primanti Bros. FanFare Rewards SMS Overview

Authentic Restaurant Brands and its affiliated brands, including PJ Whelihan’s, Central Taco, Pour House, Treno Pizza Bar, Chophouse, Chophouse Grille, Primanti Bros, and Mambo Seafood (“Authentic Restaurant Brands,” “ARB,” “we,” “us,” or “our”), offer our customers the ability to receive promotional or marketing messages via text messaging (also known as SMS messaging). We provide this service through a third party, Paytronix, in order to complete your request. Our service provider may send you a text message though a “short code” text message verification code. Short codes are abbreviated phone numbers used to send text messages. Through our service provider, we may use the following short codes to contact you: 59404

Message and data rates may apply. Message frequency may vary. Reply STOP to cancel.

User Opt In

You must affirmatively opt in to receive recurring automated promotional and personalized marketing text messages. Consent to receive automated marketing text messages is not required to complete any purchase.

When you text the number provided to receive the service, you provide your consent to receiving receive a text message in response, including responses generated through the use of an automated dialing system.

Assistance and User Opt Out

Should you need any assistance, or if you believe a text message that you have received is suspicious, please text “HELP” or call us at 412-325-2455.

You will no longer receive additional messages from us unless you reach out to us by text message again to request a service. Also, we will not send you another text message if you text “STOP” or “UNSUBSCRIBE.”

If at any time you stop using the telephone number that has been provided to us, you agree that you will complete the User Opt Out process prior to ending your use of the telephone number.

Privacy

To learn more about how we use your personal information, please review our privacy policy https://primantibros.com/gift-...and terms and conditions https://primantibros.com/gift-....

Cost

Message and data rates may apply to text messages received or sent, in addition to any applicable roaming charges. We or our service provider reserve the right to add additional carriers at any time. Carriers are not liable for undelivered or delayed text messages. For questions regarding your texting or data plans, we recommend that you contact your carrier directly.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD AUTHENTIC RESTAURANT BRANDS AND ITS AFFILIATED RESTURANT BRANDS HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

GIFT CARD POLICY

Gift cards are issued by and represent an obligation of Primanti Bros. Administrative Service Company. Purchase, use or transfer of gift cards constitutes acceptance of the following terms. Cards cannot be redeemed until activated. Cards contain no expiration date and do not incur any service charges or dormancy fees. Cards will not be replaced if lost or stolen. Redeemable for food and beverages at participating locations. For a complete list of locations where cards can be redeemed please visit www.primantibros.com. To check the balance of this card please call (412) 325-2455. Cards are not redeemable for cash, except as required by law.

Last Updated: March 22, 2023
Authentic Restaurant Brands Gift Card Terms and Conditions

General Terms
Authentic Restaurant Brands and its affiliated brands, including PJ Whelihan’s, Central Taco, Pour House, Treno Pizza Bar, Chophouse, Chophouse Grille, Primanti Bros, and Mambo Seafood (collectively, “Authentic Restaurant Brands,” “ARB,” “we,” “us,” or “our”) provide these Authentic Restaurant Brands Gift Card Terms and Conditions (“Terms and Conditions”) in addition to the Terms of Use and Privacy Policy set forth on the https://authenticrb.com website, and the websites of our affiliated brands (each individually a “Site”, collectively, these “Sites”), which are expressly incorporated herein. Your purchase or use of an ARB Gift Card constitutes acceptance of these Terms and Conditions. ARB Gift Cards are issued by Primanti Bros. (“Issuer”).

Nonreturnable; not for resale.
Notwithstanding anything contained in these Terms and Conditions, Authentic Restaurant Brands’ Gift Cards and eGift Cards (collectively, “ARB Gift Cards”) are not returnable, redeemable, re- sellable, or refundable for cash except in states where required by law. Resale of ARB Gift Cards is strictly prohibited. The consideration paid for the ARB Gift Card, including any unredeemed balances, is the property of the Issuer.

Acceptance locations.
Unless other restrictions apply, ARB Gift Cards may be used at the locations or Site associated with the specific ARB affiliated brand that issued such ARB Gift Card (for example, an ARB Gift Card issued by PJ Whelihan’s may only be used at a PJ Whelihan’s location or at the PJ Whelihan’s website). To verify that an ARB location or Site accepts an ARB Gift Card, ask a restaurant employee or call ahead before placing any order.

Not misuse.
ARB Gift Cards may be used as personal or business gifts, and you may donate gift cards for charitable purposes, but ARB Gift Cards may not be used in connection with any marketing, advertising, sweepstakes or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio television broadcasts). Either ARB or Issuer reserves the right, in their sole discretion, to suspend or terminate use of any ARB Gift Card if Issuer or ARB suspects any fraud or misuse of an ARB Gift Card. In such case, Issuer or ARB may cancel the ARB Gift Card at any time, without notice or liability to you. If you are ordering more than 20 ARB Gift Cards, please email marketing@primantibros.com and an associate will contact you by the next business day, or call us at (412) 325-2455.

No affiliation with Authentic Restaurant Brands.
Use of ARB’s names, logos, trade dress (including any image/ likeness of the ARB Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of ARB Gift Cards is strictly prohibited. Furthermore, the use of ARB Gift Cards in any manner

that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, ARB or any of its subsidiaries or affiliates is prohibited.

Compliance with laws.
By purchasing ARB Gift Cards, you are certifying and representing to ARB and the Issuer that the activities in connection with which the ARB Gift Cards will be used will comply with these Terms and Conditions, the ARB Terms of Use, and ARB Privacy Policy and all applicable laws, rules and regulations, and that the ARB Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or ARB. In addition, you agree to defend and indemnify Authentic Restaurant Brands and its subsidiaries and affiliates (including its officers, employees, and agents), and the Issuer, from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the ARB Gift Cards or violation of any of these Terms and Conditions. In some circumstances, ARB may need to share personal information, such as name, address, and transaction information, with applicable government agencies or other third-parties in accordance with our Privacy Policy.

Lost or stolen gift card.
Protect your ARB Gift Card as if it were cash and safeguard it from unauthorized use. Except as required by applicable law, lost or stolen ARB Gift Cards will not be replaced. Neither Authentic Restaurant Brands nor any of ARB’s subsidiaries or affiliates, nor the Issuer, shall have liability to you for (i) lost or stolen ARB Gift Cards or (ii) use of any ARB Gift Cards by third parties. You are solely responsible for keeping your ARB Gift Card information and your account information, including username and password, safe and for any activity conducted under your account.

ARB Gift Card balance is an estimate.
The balance you see when viewing ARB Gift Card balances online or receive by calling (412) 325-2455 is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online or in stores, but there may be occasions when the updated balance is delayed for a period of time. You can also view the ARB Gift Card’s transaction history to see if all the transactions for the ARB Gift Card are listed.2

No Warranties
TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARB AND ISSUER MAKE NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ARB GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER ISSUER NOR ARB ASSUME ANY RESPONSIBILITY FOR ANY LOSS OF ANY KIND ARISING OUT OF YOUR USE OF ANY ARB GIFT CARD. IN THE EVENT AN ARB GIFT CARD IS NOT FUNCTIONAL, YOUR SOLE REMEDY AND ISSUER’S AND ARB’S SOLE LIABILITY SHALL BE THE REPLACEMENT OF THE ARB GIFT CARD AT ITS THEN- CURRENT VALUE.

Applicable law; Severability; Entire Agreement.

The law applicable to the interpretation and construction of these Terms and Conditions shall be the applicable federal laws, and the laws of the State of New York without regard to principles of conflicts of laws. If any one or more of the provisions of these Terms and Conditions shall be for any reason whatsoever held invalid by a court of competent jurisdiction, then such provisions shall be deemed severable from the remaining provisions and shall in no way affect the validity or enforceability of the other provisions of these Terms and Conditions. Except as specifically stated otherwise, these Terms and Conditions, set forth the entire understanding relating to the subject matter hereof, and supersede all prior understandings, written or oral.

Third-Party Gift Cards.
ARB may engage with or permit authorized third-parties to sell gift cards to be used at ARB locations or on ARB Sites. Gift cards purchased from authorized third-parties may be governed by additional terms. Please contact the authorized third-party for their additional terms and conditions.

Updates to Terms and Conditions.
These ARB Gift Card Terms and Conditions were last updated on the date set forth above. ARB may update these Terms and Conditions at any time. We recommend that you check these Terms and Conditions periodically for changes. In the event of a conflict between these Terms and Conditions and the ARB Site Terms of Use, these Terms and Conditions will govern.