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TERMS OF SERVICE

 

231 Bar & Grill Gaming – Terms of Service

Last Updated: [Insert today’s date or your preferred update date]

The 231 Bar & Grill Gaming website and online ordering system is operated by SpotOn Transact, LLC (“SpotOn”) on behalf of RiverBluff Gaming LLC doing business as 231 Bar & Grill Gaming (“Restaurant”).

To make these Terms of Service (the “Terms”) easier to read, we will refer to SpotOn (including its directors, officers, employees, service providers, affiliates, successors, and assigns) as “our,” “we,” or “us,” and we will refer to individuals who place an order or make a purchase from the Restaurant through the SpotOn-powered service (including you) as “you,” “Restaurant Customer,” or “User(s).”

These Terms apply when you access or use the Restaurant website and/or online ordering system located at https://the231bargrill.com (the “Site”, a component of the Service), or in any way use or access any other components or features of the Service, if any and when available. These Terms supplement the general Terms of Service posted on the SpotOn website, https://www.spoton.com/legal/terms-of-service, which govern SpotOn’s provision of online ordering and payment processing. The Restaurant may also have additional terms of service, promotions, or policies that apply to orders and purchases made directly. Please contact the Restaurant with any questions.


 

By using the Service, you accept and agree to be bound by these Terms. Certain features of the Service may be subject to additional guidelines, terms, or rules, which may be set forth in a separate agreement or posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you to any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of any updates. Your continued use of the Service after any modifications to these Terms will constitute your acknowledgment of the changes and agreement to be bound by them.

ABOUT THE SERVICE

SpotOn provides a web-based platform that allows restaurants like 231 Bar & Grill Gaming to offer online ordering to customers, enabling them to place orders for pickup, dine-in, or other available services. Customers may, but are not required to, create an account in order to place an order with the Restaurant through the Service.

The “Service” includes:
(a) the Site (https://the231bargrill.com);
(b) the online ordering system, tools, features, and services provided through the Site and SpotOn platform; and
(c) all content, data, and materials provided or made available through the Site or the online ordering interface (collectively, “Content”).

ELIGIBILITY & USER REPRESENTATIONS

The Service is intended for users who are at least 18 years old. You must be at least 18 years old to register for an account and to use the Service. By using the Service, you represent and warrant that you are of legal age to form a binding contract with the Restaurant and meet all of the eligibility requirements in these Terms. If you do not meet all of the eligibility requirements, you must not access or use the Service.

By using the Service, you represent and warrant that:

  1. You have the legal capacity and agree to comply with these Terms;
     
  2. You are not a minor in your jurisdiction of residence;
     
  3. If you use the Service on behalf of a business or other legal entity, you have the authority to bind that entity to these Terms;
     
  4. You will not access the Service through automated or non-human means (such as bots or scripts);
     
  5. You will not use the Service for any unlawful or unauthorized purpose; and
     
  6. Your use of the Service will not violate any applicable laws or regulations.
     

The Service is not intended for use or distribution in any jurisdiction where such use would violate local laws or regulations or subject us or our platform provider (SpotOn) to additional registration or compliance obligations. Users who access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws as applicable.


 

PAYMENT PROCESSING PRACTICES FOR RESTAURANT CUSTOMERS

If you use the Service as a Restaurant Customer, your order and payment information will be securely transmitted to 231 Bar & Grill Gaming to fulfill your order. You understand and agree that you are solely responsible for all orders you submit and for the accuracy of any and all information you provide when placing an order through the Service. Once an order has been finalized, you may not be able to cancel or modify it. If you have questions or concerns about an order, you must contact the Restaurant directly.

231 Bar & Grill Gaming uses third-party intermediaries such as SpotOn to process credit card and payment transactions. These payment processors may store, retain, or use your credit card and billing information to complete your transaction. 231 Bar & Grill Gaming will take reasonable measures to maintain the confidentiality and security of any payment information submitted by you; however, we cannot guarantee the security of data handled by third-party processors or other intermediaries, and we are not responsible for breaches that occur outside of our control.

231 Bar & Grill Gaming will not be liable for any loss, damage, misuse, or unauthorized access to information related to your account or order(s), including personal or payment information, even if we have been advised of the possibility of such incidents.

RELATIONSHIP BETWEEN YOU (THE CUSTOMER) AND THE RESTAURANT

While the Site and online ordering system are powered by SpotOn, 231 Bar & Grill Gaming is solely responsible for:

  • Fulfilling or failing to fulfill your order
     
  • Delivering or failing to deliver your order
     
  • The quality and accuracy of your order
     
  • Communicating updates regarding your order
     
  • Ensuring correct pricing and charges
     
  • Issuing refunds
     
  • Handling your personal information in accordance with applicable laws
     
  • Any marketing or communications you may receive from the Restaurant
     

If you experience an issue related to any of the above, please contact 231 Bar & Grill Gaming directly. SpotOn and its platform are not responsible for resolving order-related disputes or issuing refunds unless directed to do so by the Restaurant.

In order to facilitate your transaction, we may share your order and personal information with SpotOn and any necessary third parties involved in payment or order processing. We work with partners who are expected to comply with applicable privacy and data protection laws; however, 231 Bar & Grill Gaming cannot guarantee how third parties or processors will ultimately use or store your information. If you believe your personal information has been misused or you receive unwanted communications, please contact the Restaurant directly.

COMMUNICATIONS ABOUT YOUR ORDER

By placing an order through the Service, you authorize 231 Bar & Grill Gaming and/or SpotOn to send you automated or manual communications related to your order or transaction. These communications may be sent via email, phone call, text message, or push notification. For example, you may be contacted to confirm an order, receive status updates, be notified that your order is ready, or be prompted to verify your identity with a temporary code.

These examples are not exhaustive, and you may receive other necessary communications related to your order or use of the Service.


 

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

At 231 Bar & Grill, our customers typically don’t post content directly on our site or services. But to be clear and thorough, if you believe that something on our site violates your copyright, you can send us a DMCA takedown notice.

If you’re the copyright owner (or authorized to act on their behalf), please send the following information in writing to our designated copyright agent at info@231barandgrill.com:

  • The date of your notice;
     
  • Your physical or electronic signature;
     
  • A description of the copyrighted work you believe has been infringed;
     
  • A description of the material that you claim is infringing and enough info for us to find it on our site;
     
  • Your contact info (address, phone number, email);
     
  • A statement that you believe in good faith that the use of the material is not authorized by you, your agent, or the law;
     
  • A statement that the info you’ve provided is accurate, and under penalty of perjury, that you’re authorized to act on behalf of the copyright owner.
     

THIRD-PARTY WEBSITES AND CONTENT

Our website and services might include links or references to third-party sites and content like articles, photos, music, videos, software, or other materials (“Third-Party Content”). We don’t monitor, endorse, or guarantee the accuracy or reliability of this third-party stuff. Clicking links or using third-party content is at your own risk.

Just because we link to something or it’s accessible through our site doesn’t mean we approve or sponsor it. When you leave our site to visit third-party sites, their terms and privacy policies apply, not ours.

Any purchases or interactions you have with third-party vendors or content providers are strictly between you and them. We aren’t responsible for any issues or losses you might experience related to third-party content or products.

By using our service, you agree to hold 231 Bar & Grill harmless from any claims or damages that result from your use of third-party content or services.


 

PRIVACY POLICY

At 231 Bar & Grill, we take your privacy and data security seriously. Please take a moment to review our full Privacy Policy here: https://www.231barandgrill.com/privacy-policy/. By using our services, you agree to the terms outlined in that policy, which is part of these Terms.

Our service is hosted and operated in the United States. If you’re using our service from outside the U.S.—including the European Union, Asia, or any other region with different privacy laws—you consent to your data being transferred and processed in the U.S.

We do not knowingly collect personal information from children under 13 or market to them. If we discover any information collected from a child under 13 without verifiable parental consent, we will delete it promptly in accordance with U.S. law (Children’s Online Privacy Protection Act).

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, update, pause, or discontinue any part of our service or content at any time, for any reason, and without prior notice. While we strive to keep things current, we aren’t obligated to update the information or features you see.

Sometimes, technical glitches, maintenance, or other unexpected issues might interrupt or delay service. We can’t guarantee 24/7 availability, and we’re not liable for any inconvenience or losses that come from downtime or service changes.

GOVERNING LAW

These Terms and your use of our services are governed by the laws of the State of North Carolina. This applies to agreements made and performed entirely within North Carolina, without regard to conflict of law rules.

DISPUTE RESOLUTION

Informal Negotiations:
Before jumping into formal legal action, if you have any dispute or claim related to these Terms, we ask that both parties try to resolve it informally first. This means at least 30 days of good-faith negotiation after one party sends written notice to the other, to try and settle the issue without arbitration or court.


 

BINDING ARBITRATION

If we can’t settle a dispute through informal negotiations, most disputes (except those listed below) will be resolved through binding arbitration. This means you waive your right to sue in court or have a jury trial.

The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), including their Supplementary Procedures for Consumer-Related Disputes when appropriate. You can review these rules at www.adr.org. Your costs for arbitration, including your share of the arbitrator’s fees, will follow the AAA rules. The arbitrator is required to apply the law properly, and their decision can be challenged if they do not.

Unless otherwise required, the arbitration will take place in Cook County, Illinois. While arbitration is the main way to resolve disputes, either party can still go to court to ask the judge to enforce arbitration, pause court cases while arbitration happens, or confirm or challenge the arbitrator’s award.

If, for some reason, a dispute goes to court instead of arbitration, it will be handled in the state or federal courts in Cook County, Illinois. Both parties agree to this location and waive any objections about jurisdiction or venue.

Any dispute related to the site or services must be brought within one (1) year from when the issue arose. If any part of this arbitration provision is found to be illegal or unenforceable, that part will be handled in court (instead of arbitration), but all other parts will still apply.

RESTRICTIONS

Arbitration is only for individual disputes between the parties. To the fullest extent allowed by law:

  • No arbitration can be joined with any other case.
     
  • Class-action arbitration or representative claims on behalf of others are not allowed.
     
  • Disputes can’t be arbitrated on behalf of the general public or any group.
     

EXCEPTIONS TO ARBITRATION

Disputes seeking injunctive relief (court orders to stop certain actions) are not subject to arbitration and will be decided in court. If this exception is found unenforceable, those disputes will also go to court, with jurisdiction as described above.


 

DISCLAIMER

The Service is provided "as-is" and "as available". By using the Service, you agree that you do so at your own risk. To the fullest extent allowed by law, we disclaim all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no guarantees about the accuracy, completeness, or reliability of the Service, its content, or any linked websites. We are not responsible for:

  1. Errors, mistakes, or inaccuracies in the content or materials.
     
  2. Any personal injury or property damage resulting from your use of the Service.
     
  3. Unauthorized access to our servers or your personal or financial information.
     
  4. Interruptions or stoppages in the Service.
     
  5. Viruses, malware, or other harmful components transmitted by third parties through the Service.
     
  6. Any loss or damage from content posted, transmitted, or made available via the Service.
     

We do not endorse, guarantee, or take responsibility for any products or services offered by third parties through the Service or linked sites. Any transactions you make with third-party providers are solely between you and them. Use your best judgment and caution when purchasing products or services through the Service.

You acknowledge that 231 Bar & Grill operates independently from any restaurants or businesses that may appear on the Service, and we do not represent or warrant any interactions or transactions between users, restaurants, or customers.

LIMITATIONS OF LIABILITY

Under no circumstances will 231 Bar & Grill, its directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits, revenue, data, or other losses arising from your use of the Service, even if we have been advised such damages are possible.

Regardless of the legal theory, our total liability to you is limited to the amount, if any, you have paid us.

Some states do not allow certain disclaimers or limitations of liability, so some of the above may not apply to you. You may have additional rights depending on your location.


 

INDEMNIFICATION

You agree to defend, indemnify, and hold 231 Bar & Grill, its affiliates, officers, agents, partners, and employees harmless from any loss, damage, liability, claim, or demand — including reasonable attorney’s fees — arising out of or related to:

  1. Your use of the Service;
     
  2. Your breach of these Terms;
     
  3. Any false statements or warranties you make under these Terms;
     
  4. Your violation of the rights of any third party, including intellectual property rights; or
     
  5. Any third party’s violation of your rights, including intellectual property rights.
     

We reserve the right, at our expense, to assume the exclusive defense and control of any claim subject to indemnification, and you agree to cooperate with us in such defense at your expense. We will make reasonable efforts to notify you if we become aware of any such claim.

USER DATA

We maintain certain data you provide to us through the Service to manage and improve its performance, as described in our Privacy Policy. While we perform routine backups, you are solely responsible for any data you transmit or create using the Service. 231 Bar & Grill is not liable for any loss, corruption, or damage to such data, and you waive any claims against us related to it.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Service, sending emails, or completing online forms, you consent to electronic communications. All agreements, notices, disclosures, and other communications provided electronically — including via email or on the Service — satisfy any legal requirement for written communication.

You agree to the use of electronic signatures, contracts, orders, and records, and waive any rights requiring original signatures, physical delivery, or retention of paper documents. Electronic methods will be considered valid and binding for all transactions and communications.

CALIFORNIA USERS AND RESIDENTS

If you are a California resident and have a complaint that is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at:

  • Address: 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
     
  • Phone: (800) 952-5210 or (916) 445-1254
     

MISCELLANEOUS

These Terms, together with any posted policies, form the entire agreement between you and 231 Bar & Grill regarding the Service. Our failure to enforce any part of these Terms does not waive our rights.

These Terms apply to the fullest extent permitted by law. We may assign our rights or obligations at any time. We are not responsible for delays or failures caused by events beyond our reasonable control.

If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remainder will continue in full force.

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and 231 Bar & Grill. These Terms will not be construed against us because we drafted them, and you waive any defenses based on the electronic format or lack of signatures.

CONTACT US

For questions, complaints, or more information about the Service, please contact us:

  • Email: info@231barandgrill.com
     
  • Phone: (888) 766-8882


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231 Bar & Grill

231 Sinsinawa Avenue, East Dubuque, Illinois 61025, United States

815.554.6194

 Sun - Thurs: 11am-10pm Fri - Sat: 11am - 1am

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