Terms of Service

Last Updated: July 6, 2024

Welcome to Max & Tilly’s Chip Shop & Eaterie (“Company,” “we,” “our,” “us”). These Terms of Service (“Terms”) govern your access to and use of our services, including our website, applications, and any other services provided by the Company (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Services.

  1. Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement.

  1. Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use the Services in any way that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Services.

  1. Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.

  1. Privacy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you. By using our Services, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

  1. Intellectual Property

All content, trademarks, service marks, trade names, logos, and intellectual property rights on the Services are the property of the Company or its licensors. You agree not to use, reproduce, or distribute any content from the Services without our express written permission.

  1. User Content

You may submit content to our Services, including text, images, and other materials (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display your User Content in connection with our Services.

You represent and warrant that you own or have the necessary rights to submit your User Content and that your User Content does not violate any third-party rights or applicable laws.

  1. Prohibited Activities

You agree not to engage in any of the following activities:

  • Violating any applicable laws or regulations.
  • Infringing or violating our intellectual property rights or the rights of others.
  • Transmitting any material that is unlawful, fraudulent, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  • Disrupting or interfering with the security or functionality of our Services.
  • Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services.
  1. SMS Subscriptions

By subscribing to our SMS service, you agree to receive promotional and informational messages from Max & Tilly’s Chip Shop & Eaterie. Message and data rates may apply. You can opt-out at any time by following the instructions provided in the messages. We are committed to protecting your privacy and complying with all Federal and local laws regarding SMS communications.

  1. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

  1. Disclaimer of Warranties

Our Services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  1. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Services.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Hamilton County, Indiana, and the parties irrevocably consent to the personal jurisdiction and venue therein.

  1. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

  1. Contact Us

If you have any questions about these Terms, please contact us at:

Max & Tilly’s Chip Shop & Eaterie
8701 East 116th Street
Fishers, Indiana 46038
Email: social@maxandtillys.com
Phone: (317) 796-2344
Website: https://www.maxandtillys.com/

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.