Fhima’s User Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CLOSELY BEFORE USING OUR WEBSITE.
Last updated 07.29.2022
By accessing, browsing, and using this website, you acknowledge that you have read, understood, and agree to comply with the terms and conditions stated herein. If you do not agree with any part of these terms and conditions, you must not use this website.
The terms “we,” “us” and “our” refer collectively to Fhima’s Minneapolis, and “you” and “your” refer collectively to the individuals using this website. We reserve the right to change these terms, conditions, and notices, and you agree to accept and be bound by such terms, conditions, and notices that are in effect at the time of your use of our website and facilities.
You warrant that you are at least 18 years old and possess the legal authority to enter into this agreement and to use this website in accordance with the terms and conditions of this agreement.
Restrictions on Use
Material from www.fhimasmpls.com and any other World Wide Web site owned, operated, licensed or controlled by Fhima’s Minneapolis or any of its related, affiliated, or subsidiary companies (together, “Fhima’s Minneapolis”) may not be copied or distributed or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Fhima’s Minneapolis EXCEPT: you may download one copy of the material on one computer for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. Modification or use of the materials for any other purpose violates Fhima’s Minneapolis intellectual property rights. The material on this site is provided for lawful purposes only. If you download software from our site, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the “Software”) are deemed to be licensed to you by Fhima’s Minneapolis. Neither title nor intellectual property rights are transferred to you but remain with Fhima’s Minneapolis, who owns the full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
Warranty and Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FHIMA’S MINNEAPOLIS DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS LIABILITY FOR INACCURACIES, RELATING TO THE CONTENT OF THIS WEBSITE. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FHIMA’S MINNEAPOLIS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
FHIMA’S MINNEAPOLIS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING FOR SALE OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY FHIMA’S MINNEAPOLIS. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. FHIMA’S MINNEAPOLIS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
FHIMA’S MINNEAPOLIS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. FHIMA’S MINNEAPOLIS HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE, ACTS OF TERRORISM, SICKNESS OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL FHIMA’S MINNEAPOLIS 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 WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF FHIMA’S MINNEAPOLIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to defend and indemnify Fhima’s Minneapolis and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by: (i) you or on your behalf in excess of the liability described above; or (ii) by third parties as a result of (a) your breach of this agreement or the documents referenced herein, (b) your violation of any law or the rights of a third party, or (c) your use of this website.
Termination
We reserve the right, in our sole and absolute discretion to restrict, suspend, or terminate your use of and access to all or any part of our website and/or service at any time and for any or no reason, with or without prior notice, and without liability.
Hyperlinks
You are not permitted to create a link to Fhima’s Minneapolis website without first obtaining Fhima’s Minneapolis’ prior written consent.
Trademark Notices
The following trademarks used herein are owned by Fhima’s Minneapolis.
General Terms
By using this website or booking a reservation through this website, you agree that the internal laws of the State of Minnesota, without regard to the principles of conflicts of laws, will govern this agreement and any dispute of any kind that arises between you and Fhima’s Minneapolis. You hereby agree that any dispute arising from or relating to the use of this website, restaurant reservations and/or purchasing goods or services made through us may if not amicably resolved, be resolved only through binding arbitration between you and us under the rules of Judicial Arbitration & Mediation Services (“JAMS”). This arbitration, which shall be conducted in Minneapolis before neutral arbitrators, will result in a decision that shall be final and binding, non-appealable, and subject to entry into any court of competent jurisdiction. This arbitration shall not involve other customers, be combined with separate arbitrations involving other customers, or proceed as any type or form of class action in which the claims of similarly-situated customers are pursued together. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including, but not limited to this paragraph. We reserve the right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Fhima’s Minneapolis and its affiliates with respect to your use of this website. If any provision of this agreement is determined to be invalid or unenforceable pursuant to applicable law by any court of competent jurisdiction, the other provisions of this agreement will remain in full force and effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fhima’s Minneapolis as a result of this agreement or use of this website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect.
This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Fhima’s Minneapolis with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fhima’s Minneapolis with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Any rights not expressly granted herein are reserved.
Modification of These Terms and Conditions
We reserve the right to change the terms, conditions, and notices under which this website is offered and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of our website and facilities.
PRIVACY
Fhima’s Minneapolis and our restaurants and other affiliated businesses (collectively, “Fhima’s Minneapolis”) stress the importance of privacy and are committed to earning the trust of our guests by adopting high standards for the protection of personal information. We understand that visitors to our website may have questions about how this website collects and uses information. This policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use your information. If our information practices change, we will post an updated policy on our website. If we change the policy in a material way, we will provide appropriate notice to you. You may exercise your choices about how we collect and use your information consistent with this policy at any time.
If you have any questions about this privacy statement, have any privacy concerns, wish to make changes about receiving promotional communications, to update your personal information, or if you change your mind about receiving any promotional information from Fhima’s Minneapolis, please send an email to info@fhimasmpls.com
Information Collected
Any point of interaction between you and Fhima’s Minneapolis, whether electronic, by phone, or in person, is a point at which we may collect information from you. Below are examples of when and why we may collect your information which we provide for your convenience, but please note that this list is not exhaustive. We may collect personal information from you, such as your name, email address, mailing address, phone number, credit card number, gender, birthday, dining choices, or other personal interests or preferences (e.g., favorite beverage), when you visit our websites or one of our restaurants, contact us with a question or concern, or participate in a contest, promotion, or survey. We may maintain a record of your product interests and the menu selections you make at any of our entities. We may combine all of this information with information about you that we acquire from our joint marketing partners, from unrelated third parties, and from our other entities. Additionally, should you apply to us for employment, we will request certain information relevant to the application. Any personal information obtained by us during the application process may be retained by us for purposes of considering the applicant for employment as well as for management and research purposes.
How We Collect Personal Information
Personal information may be gathered through online forms, over the phone, over e-mail, in person, or by any other method covered by this policy.
When you visit our websites, your computer may be provided a cookie, which tracks your preferences. These cookies allow us to provide each visitor with a customized experience.
We may also use cookies to collect and maintain aggregate website data (such as the number of visitors to a particular site), which helps us see which areas are popular with our users and which are not. Among other things, this data helps us improve and update the site, based on our visitors’ use information. If you do not want to accept cookies, you can block them by adjusting the settings on your browser. Please understand that rejecting cookies will affect your ability to benefit from certain customization features associated with creating a user profile.
Disclosure of Information to Third Parties
Fhima’s Minneapolis prohibits the sale or transfer of personal information to entities outside of Fhima’s Minneapolis for their use without your approval.
Personal Information from Children
Fhima’s Minneapolis’ websites are not intended for children. We do not knowingly solicit or collect personal information from individuals under the age of eighteen (18).
Links to Other Sites
If you choose to leave this Fhima’s Minneapolis website via links to other non-Fhima’s Minneapolis websites, such as opentable.com, Fhima’s Minneapolis is not responsible for the privacy policies or content of those sites, nor is Fhima’s Minneapolis responsible for the cookies those sites use.
